DATE:

 

07/15/2002

SUBJECT:  FINAL READING ORDINANCE NO. 2002-O-145

Amending Chapter 15, Health and Sanitation, of the City of Laredo Code of Ordinances by amending Article VII, Swimming Pool Permit, providing definitions;  establishing a swimming pool permit, terms of swimming pool permit, establishing authority to inspect swimming pools, authorizing a fee of $100 for issuance or renewal of a swimming pool permit, authorizing a fee of $10 for issuance of duplicate permits; terms of renewal, terms of denial, and terms of suspension or revocaton; providing a waiver of permit fee to the City of Laredo Parks and Recreation Department; providing for injunctive relief and severability; authorizing a penalty for violation of this ordinance; and providing for publication and effective date (as amended).

INITIATED BY:                                                           STAFF SOURCE:               

Cynthia Collazo                                                              Hector F. Gonzalez, M.D., M.P.H.

Asst. City Manager                                                         Health Director

PREVIOUS COUNCIL ACTION:   On July 1, 2002, Council held public hearing introducing ordinance and instructed staff to proceed with final reading.

BACKGROUND:

 

The Texas Department of Health has Minimum Standards of Sanitation and Health Protection Measures for the regulation of Swimming Pools and Bathhouses.  The inappropriate treatment care and management of swimming pools provides a means of public health risk and danger to bathers and swimmers. The City of Laredo Health Department is proposing to establish a mandatory inspection and permit fee of $100 for public and semi-public swimming pools to ensure good public health standards to promote disease prevention.  In addition, a $10 fee will be established for the issuance of duplicate permits, terms of renewal, terms of denial, and terms of suspension or revocation.

 

 

 

 

 

 

 

 

 

  

FINANCIAL:    The City of Laredo will receive an estimated amount of $4,600 in additional revenues if this proposal is approved.

RECOMMENDATION:

STAFF:  Recommends that Council approve  ordinance.

 

 

 

ORDINANCE NO. 2002-O-145

 

 

AMENDING CHAPTER 15, (HEALTH AND SANITATION) OF THE CODE OF ORDINANCES BY AMENDING ARTICLE VII, (SWIMMING POOLS), PROVIDING DEFINITIONS; ESTABLISHING A SWIMMING POOL PERMIT, TERMS OF SWIMMING POOL PERMIT, ESTABLISHING AUTHORITY TO INSPECT SWIMMING  POOLS, AUTHORIZING A FEE OF $100.00 FOR ISSUANCE  OR RENEWAL OF A SWIMMING POOL PERMITS, AUTHORZING A FEE OF $10.00 FOR ISSUANCE OF DUPLICATE PERMITS TERMS OF RENEWAL, TERMS OF DENIAL, AND TERMS OF  SUSPENSION OR REVOCATION: providing a waiver of permit fee to the City of Laredo Parks and Recreation Department; PROVIDING FOR INJUNCTIVE RELIEF AND SEVERABILITY; AUTHORIZING A PENALTY FOR VIOLATION OF THIS  ORDINANCE; AND PROVIDING FOR PUBLICATION.

 

WHEREAS, the Texas Department of Health has Minimum Standards of Sanitation and Health Protection Measures for the regulation of Swimming Pools and Bathhouses; and

 

WHEREAS, the inappropriate treatment, care and management of swimming pools provides a means of public health risk and danger to bathers and swimmers; and

 

WHEREAS, the City of Laredo Health Department is proposing to establish a mandatory inspection and permit fee of $100 for public and semi-public swimming pools to ensure good public health standards to promote disease prevention.  In addition, a $10 fee will be established for the issuance of duplicate permits, terms of renewal, terms of denial, and terms of suspension or revocation; and.  

 

WHEREAS, a public hearing has been held  as to the proposed fee for swimming pool permits at least sixty (60) days prior to the effective date of this Ordinance in compliance with Section 6.10(B) of the City Charter; and

 

WHEREAS, after public hearing thereon, the City Council of the City of Laredo has determined that it is necessary to implement a swimming pool permit fee to be paid by swimming pool operators to cover increase costs of inspections and application review relating to issuance of permits and licenses. 

 

NOW THEREFORE BE IT ORDANINED BY THE CITY COUNCIL OF THE CITY OF LAREDO:

 

Section 1.  Amendment.

 

                That Chapter 15, Article VII of the Code of Ordinances be and is hereby amended to read as follows:

 

 

 

ARTICLE VII.  SWIMMING POOLS.

 

15-83. Definitions.

 

As used in this article, the following words shall have the meaning ascribed to them:

 

Health Director:  shall mean the person designated as being Director of the Health Department of the City of Laredo or authorized representative(s), who are empowered to enforce the provisions of this ordinance.

 

Public Swimming Pool:  shall mean any swimming pool other than a private residential swimming pool contained or located on a one-family dwelling.

 

Semipublic Swimming Pool: shall mean (1) Any privately owned swimming pool which is open to the general public for a fee; or (2) Any swimming or wading pool serving a private club, motel, hotel, apartment building, school, child care facility, institution, or other similar activity or structure, the use of which is limited to members or residents and their guest.

 

Swimming Pool:  shall mean any structure or excavation either indoors or outdoors, used or suitable to be used for bathing or swimming purposes, together with buildings, equipment and appurtenances used in connection therewith.

 

Swimming Pool Operator:  shall mean an owner, manager, operator, or other attendant in charge of the swimming pool.

 

Sec. 5-84.  Swimming Pool Permit Required.

 

(a.)  Effective October 1, 2002, all public and semipublic swimming pools must obtain a swimming pool permit issued by the Health Director or his authorized representative(s).

(b.)  No person shall operate a public or semipublic swimming pool without a valid swimming pool permit.  Each and every swimming pool as defined will be considered a separate and individual entity requiring a swimming pool permit.

(c.)  It shall be unlawful for any person to establish, maintain, or operate a public or semipublic swimming pool within the City Limits of Laredo without a swimming pool permit therefore or to continue to maintain, or operate a swimming pool for which a swimming pool for which a swimming pool permit has been suspended or revoked by the Health Director.

 

Sec. 15-85.  Application for a Swimming Pool Permit.

 

Swimming pool operator(s) desiring a swimming pool permit to maintain, or operate public or a semipublic swimming pool within the City limits shall make a written application to the Health Director or designee stating the name and residence of the applicant if an individual, or all members of the firm if an association or partnership, or the name and residence of the applicant and its officers, if a corporation, and the location of the premises where such swimming pool is located.  The applicant shall be made on forms prescribed by the Health Director.  Each swimming pool will be required an application.

 

Sec. 15-86.  Authority of inspect.

 

The Health Director or his representative(s) acting under his authority or the authority of the City of Laredo, is for the purpose of protecting the public health and enforcing this ordinance, hereby authorized and directed at any or all reasonable times to make inspections of public and semipublic swimming pools to determine compliance.

 

Sec. 15-87.  Issuance, fees for Swimming Pool Permit.

 

Upon proper application, as provided in this article, satisfactory inspection of the swimming pool(s) and upon the payment of one hundred dollars ($100.00), the Health Director or authorized representative(s) shall issue or cause to be issued, a swimming pool permit in accordance with such application for each swimming pool on the premises.  Duplicate copy of swimming pool permits shall be issued at a fee of $10.00 per permit.

 

Sec. 15-88.  Terms of Swimming Pool Permit.

 

(a.)  Swimming pool permits shall be issued for a period not to exceed one year, with all swimming pool permits to expire September 30 of each year.

(b.)  Operators of public and semipublic swimming pools shall meet minimum requirements for operation of a swimming pool as follows:

1.  A minimum free residual chlorine of 2.0 parts for each one million units of water in a spa and a minimum of free residual chlorine of 1.0 parts for each million units of water in other swimming pools, or any other method of disinfectant approved by the Texas Department of Health, must be maintained in a public or semipublic swimming pool.

2.  Water in a public and semipublic swimming pool may not show an acid reaction to a standard pH test.

3.  The surface of the public and semipublic swimming pools water shall be kept free scum and foreign matter.  The bottom and sides of the swimming pool shall be maintained free of sediment, dirt, slime and algae.

4.  Ares surrounding swimming pools, including bathhouses, dressing rooms, toilets, showers stalls and lounging areas, shall at all times be kept clean, well drained, and in a state of proper repair.

5.  Swimming pools that are not in use shall be closed to restrict their use.  Signs advising all that said swimming pool is closed shall be posted while the swimming pool is closed.

6.  Where no lifeguard service is provided, a warning sign shall be placed in plain view and shall state "WARNING-NO LIFEGUARD ON DUTY" with clearly legible letter at least four (4) inches high.  In addition, the sign shall also state, "NO CHILDREN ALLOWED WITHOUT AN ADULT PRESENT".

 

Sec. 15-89.  Renewal by Annual Application.

 

Swimming pool operator(s) must renew swimming pool permit(s) by making an annual application as described in this article.

 

Sec. 15-90.  Denial of Swimming Pool Permit or Renewal; Suspension or revocation of Swimming Pool Permit.

 

(A)  The Health Director may refuse to issue or renew a swimming pool permit or may suspend or revoke a swimming pool permit if the applicant or holder;

(1)  Refuses to permit entry into the swimming pool by the Health Director or his authorized representative(s) or otherwise willfully obstructs the inspection or sampling of the swimming pool; or

(2)  the operation of said swimming pool is in an unhealthy and sanitary manner in accordance with regulations established by the Health Director.

(B)  At time of inspection of a swimming pool, the Health Director shall notify the permitted swimming pool operator(s), in writing, of the reason(s) for which the swimming pool permit is being suspended, and the date of such suspension.  The swimming pool permit shall then be revoked unless within ten (10) days following notice of suspension, the swimming pool operator files a written request for a hearing with the Health Director.  If no request for hearing is filed within the specified period, suspension and revocation or swimming pool permit shall become final.

(C)  A swimming pool whose swimming pool permit has been suspended or revoked shall not have it reinstated, or granted a new swimming pool permit until the swimming pool operator rectifies all reason(s) for said suspension or revocation.

 

Sec. 15-91.  Unsanitary Swimming Pools declared a Public Nuisance.

 

Failure of swimming pool operator(s) responsible therefore to maintain any swimming pool or wading pool; including private residential swimming pools, in a safe and sanitary condition is hereby, prohibited and declared to be a public nuisance within the City of Laredo.

 

Sec. 15-92.  Penalty for Violation.

 

Any person who violates a provision of this ordinance or any person who is the holder of a food service operator permit who does not comply with the requirements of this ordinance, shall upon conviction by the Municipal Court of the City of Laredo be subject to a fine no less that five hundred dollars ($500.00) or not to exceed two thousand dollars ($2,000.00) for each offense, and each day of violation of said ordinance shall constitute a separate offense.

 

Sec. 15-93.  Injunctive Relief.

 

In the addition to and cumulative of all other penalties, the Health Director shall have the right to seek injunctive relief, for any and or all violations of this ordinance.

 

Sec. 15-94.  Severability.

 

If any provision, section, sentence, clause or phrase of this ordinance, or the application of same, to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid (or for any reason unenforceable), the validity of the remaining portion of this ordinance, or its application to other persons or sets of circumstances, shall not be affected thereby, and it being the intent of the City Council of the City of Laredo in adopting and approving this ordinance, that no portion hereof or provision or regulation contained herein, shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion of this ordinance.

 

Section 2. Publication.

 

                This Ordinance shall be published one (1) time in a newspaper of general circulation in Laredo.

 

 

Section 3. Effective Date.

 

                This Ordinance shall become effective not less than sixty (60) days from the date of the public hearing on this Ordinance, in accordance with the City Charter.

 

 

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS

THE ____________ DAY OF ________________________, 2002 .

 

 

______________________

ELIZABETH  G. FLORES

MAYOR

 

ATTEST:

 

______________________

GUSTAVO GUEVARA, JR.

CITY SECRETARY

 

 

APPROVED AS TO FORM BY:

 

_______________________

JAIME L. FLORES

CITY ATTORNEY