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19-36 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 19-36 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING CHAPTER 6, "HEALTH AND SANITATION," OF THE TOWN'S CODE OF ORDINANCES BY ESTABLISHING A NEW ARTICLE 6.05, "SWIMMING POOLS AND SPAS"; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has investigated and determined that Chapter 6, "Health and Sanitation," of the Town's Code of Ordinance should be revised; and WHEREAS, the Town Council hereby finds and determines that it will be advantageous, beneficial and in the best interests of the citizens of the Town to adopt the rules entitled "Texas Department of State Health Services Pool and Spa Rules," Title 25, Texas Administrative Code, Chapter 265, as amended, to protect the public health and prevent disease and injury. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, Chapter 6, "Health and Sanitation," of the Town's Code of Ordinances is amended by establishing a new Article 6.05, "Swimming Pools and Spas," and adopting Title 25, Texas Administrative Code, Chapter 265, to read as follows. - "ARTICLE 6.05 SWIMMING POOLS AND SPAS Sec.6.04.001 Purpose The purpose of this Article is to protect the public health and prevent disease and injury by establishing uniform requirements swimming pools and spas. Sec. 6.04.002 Adoption and amendments of State Health Rules The Texas Department of State Health Services Pool and Spa Rules ("Rules"), contained in Chapter 265 of the Texas Administrative Code, Title 25, and as they may be modified from time to time, are hereby adopted, except as amended, modified, and deleted by this Article, as the minimum standards for swimming pools and spas within the corporate town limits of the Town of Prosper, Texas; provided, however, that in said rules the words "municipality of " shall be understood to refer to the Town of Prosper. A copy of the Rules, as hereby adopted, shall be on file in the office of the Town Secretary. The town amends the rules as follows: Sec. 6.04.003 Issuance of an operating health permit (a) No person shall operate a swimming pool or spa without first obtaining a valid health permit from the town. Each separate pool or spa requires a separate permit. The permit shall be valid for one (1) year unless otherwise revoked as described in this article. The permit fees are established in appendix A to this code, as it exists or may be amended. A re -inspection fee will be charged to reopen pools closed for non-compliance. (b) Applications for a permit to operate a swimming pool or spa shall be made to the town on application forms prescribed and provided by the town. The applicant (person), corporation, entity, or the person in charge of the subject premises (the manager) to whom the permit was issued shall be responsible for the sanitation, safety, and proper maintenance of the pool, and all physical and mechanical equipment and records. (c) The town shall require the applicant or designee for an operator's permit provide proof of knowledge of these standards by taking and satisfactorily passing a written examination or by attendance at a training course on swimming pool operation, which is approved by the town. Sec. 6.04.004 Revocation or suspension of operating permits. (a) The town may deny, revoke, or suspend any operating permit for the failure of the applicant to comply with the provisions of these standards, or in cases where the operating permit has been obtained through non -disclosure, misrepresentation, or misstatement of a material fact. (b) All notices or orders issued shall be either delivered personally or sent by certified mail to the person, entity, or corporation to whom the permit was issued or to the person in charge of the subject premises (manager). Except in cases of emergency or urgent public necessity, such notice shall be delivered or mailed at least fifteen (15) days before any operating permit is revoked or suspended and shall state the reason(s) for such proposed revocation or suspension and notify that person of a right to appeal under Section 6.04.005. (c) An operating permit which has been revoked or suspended may be reissued upon proper application and upon presentation of evidence that the deficiencies and/or irregularities which caused the revocation or suspension, have been corrected. (d) If the town determines that the operation or maintenance of any swimming pool or spa is such as to constitute an imminent hazard to the health and safety of the public, the operating permit shall be suspended immediately and the swimming pool or spa shall be closed for use and shall remain closed until the necessary remedial action has been completed. Sec.6.04.005 Appeals All appeals from final suspension or revocation of a health permit shall be made in writing to the town manager or his/her designee. The appeal shall be filed in writing within ten (10) days of the occurrence of the suspension or revocation. The town manager or his/her designee shall endeavor to hear the appeal within (30) days after notice of the appeal. The town manager or his/her designee shall have the power to reverse a decision of the regulatory authority where he/she finds that such a reversal will not affect the health and/or welfare of the public. All decisions of the town manager or his/her designee shall be subject to review by the town council Ordinance No. 36, Page 2 fl at a regularly scheduled meeting. As soon as practicable after the decision of the town manager, the town secretary shall fix a date, time and place for the review of the decision of the town manager by the town council. The decision of the town manager or his/her designee will be final unless reversed by the town council. The town council's failure to take action upon any such appeal shall constitute approval of the decision by the town manager or his/her designee. Sec. 6.04.006 Penalty for violation Any person, firm, corporation or business entity violating this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided in section 1.01.009 of this code. Each continuing day's violation under this article shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the town from filing suit to enjoin the violation. The town retains all legal rights and remedies to it pursuant to local, state and federal law." SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 4 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 5 This Ordinance shall become effective after its passage and publication, as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF JUNE, 2019. APPROVED: Ray Smith, ayor Ordinance No. 36 , Page 3 ATT 1 Robyn Baf4le, Town Secretary APPROVED AS TO FORM AND LEGALITY Terrence S. Welch, Town Attorney 1 Ordinance No. 36, Page 4