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0574ORDIN C NO. AN ORDINANCE ADOPTING THE 1991 EDITION OF THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE FOR THE CITY OF SOUTHLAKE, TEXAS; PROVIDING MINIMUM STANDARDS FOR CONSTRUCTION OF SWIMMING POOLSv SPAS, AND HOT TUBS; ESTABLISHING SWIMMING POOL FENCE REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; REPEALING CONFLICTING ORDINANCES; PROVIDING PENALTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council has determined that it is expedient and for the benefit of the health, safety, and welfare of the citizens of the city that the Uniform Swimming Pool, Spa, and Hot Tub Code, 1991 Edition, be adopted as the Swimming Pool, Spa, and Hot Tub Code of the city; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The Uniform Swimming Pool, Spa, and Hot Tub Code, 1991 Edition, published by the International Association of Plumbing and Mechanical Officials is hereby adopted as the Swimming Pool, Spa, and Hot Tub Code of the City of Southlake. This code is attached to this ordinance and identified as Exhibit "A" and is fully incorporated by reference as though copied into the ordinance in its entirety. SECTION 2. The Swimming Pool, Spa, and Hot Tub Code city Southlake, Exhibit "A" to this ordinance, is hereby by adding Chapter 6 to read as follows: A: ~SWIMCODE. SL2 of the amended CHAPTER 6 FENCES FOR SWIMMING POOLS Sec. 601. Construction Fence. During the construction of a swimming pool, there shall be erected a temporary fence around the swimming pool construction site. The top of the temporary fence shall be at least four feet (4') above grade, measured on the side of the fence that faces away from the swimming pool construction. Any opening in the fence shall be no larger than a size to prevent a sphere four inches (4") in diameter from passing through the fence. The wall of a dwelling may serve as part of the fence. Sec. 602. Permanent Fence. After completion of a swimming pool and before the pool is filled with water, a permanent fence shall be erected surrounding the pool, which shall conform to the following specifications: (a) The top of the fence shall be at least five feet (5') above grade, measured on the side of the fence that faces away from the swimming pool. Any opening in the fence shall be no larger than a size to prevent a sphere four inches (4") in diameter from passing through the fence. (b) Ail gates in the fence shall be installed so as to be "self-closing" with a latch located on the gate in the upper one-quarter of the gate. All gates shall be no less than five feet (5') in height and the latch installed on the gate shall be located no less than four feet (4') from the ground. EXCEPTION: A "self-closing" latch is not required on a gate that is electronically controlled and operated if the gate automatically locks when closed and the gate is kept locked except when being used for ingress or egress. (c) The wall of a dwelling may serve as part of the fence. SECTION 3. Permits, inspections, and fees required in the Uniform Administrative Code as adopted by the City of Southlake, shall apply to the Swimming Pool, Spa, and Hot Tub Code. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and A:~$WIMCODE.SL2 10/15/92 -- 2 - sections are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since they would have been enacted by the City Council without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred offense. Each day that a violation constitute a separate offense. SECTION 6. The City Secretary Dollars ($500.00) for each is permitted to exist shall of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. hereby directed The City Secretary of to publish the proposed the City of Southlake is ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS ~ DAY OF PASSED AND APPROVED ON SECOND READING ON THIS C~ DAY OF CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City A'ttorney Date: /O ADOPTED: EFFECTIVE: A:kSWIMCODE.SL2 10/15/92 -- 4 - Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 -1E STATE OF TEXAS aunty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared CAL RILEY Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE AD INVOICE NOT DESCRIPTION AD S171 HA I F AMOUNT OCT 23' 6960775 CL . 358 1X55 L 55 3. 88 213. 36 ORDINANCE NO.574 Oct. .23 AN ORDINANCE ADOPTING THE 199i EDITION OF THE UNI- P. O. 574 FORMSWIO FOOLLTHE COMPLETE AD RAN OCTOBER 28, 1992 AND H TUB C SPA ODE F INOR THE CI- - TY OF SOUTHLAKE„ PROVIDING` MINIMUM STAND- ARDS FOR CONSTRUC- TION OOS,OF AND HOT TUBS; ESTABLISHING SWIMMING POOL FENCE REQUIRE- MENTS;PROVIDING A SEVERABILITY CLAUSE;PROVIDING A SAVINGS CLAUSE; REPEALING CON- FLICTING ORDI- NANCES• PROVIDING PENALTI ES;AND PRa `/IDING AN EFFEC- SIGNED fIVECHAPTER6 0 SWOR'll TO BEFORE ME , THIS THE(-1- 1( T DAY OF :NCES FOR SWIMMING 2 61 H O O R r 992 S I Sec. 601. Construction NOTARY PUBLICC �� I Fence. During the construc- 1 tionofaswimmingDool,there [L fence: shall rounddeswim temporary TARRANT COUNTY, TEXAS I fence around the swimming I pool construction site.The top I of the temporary fence shall I be at least tour feet(4')above .', Jv� 1 grade,ethatf cesawayfr f •".- • �r.lu 1 11' 1 fencethatfacesawayfrom '"'"_�-••��1 I 1 the swimming Dool construe- <r4Y•��v^�h� �� J. SPENCER shah.Any opening in the •� CCNP.�ISSICN EXPIRES •shall openin f the fence z 'glIi I prevent a sphere four Inches '•' ' ' 1995 I (4")hug thefenrfrom wall l41 .'4 IANLARY 28,1 through the fence.The part of I o dwelling cmay serve as pa rt ,;'F......•�ic� of the fence. t I ,� _ Sy Permanent Fence. C L/�I'L/t^P�) J After completion of a swim- ming pool and before the pool Is filled with water,a Derma- ----- _-- nent fence shall be erected TEAR AL NG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT surrounding the pool,which + shall conform to the following specifications: (a)The top of the fence shall be a least five (5') abovee grade m REMIT TO: 400 W • SEVENTH , FW , TX 76102 feet the side of t measured o ured on n fence that faces away from the swim- --- - thef pool.Any opo ling In R�^ACT Tom: (�0 ( k• f�T� 1 TAE X�I�I-2051 the fence shall be no larger Cthan a our to prevent a Sphere four Inches (4") In tllameter from passing ar e e ram mraugh the fence. g ACCOUNT AMOUNT (b) All gates In the fence NUMBER shall be Installed so as to be I T 57 DUE 216 self-closing"with a latch located on the gate in the up- per one-quarter of the gate. 1 All gates shall be no less than five feet(5')In height PAGE F and the latch instal ledon the gate shall be located no less than four feet(4')from the ground. EXCEPTION: A "self- closing" latch is not re- (uired on a gate that Is electronically controlled and operated if the gate automatically locks when closed and the gate is kept locked except when being used for Ingress or egress. (c)The wall of a dwelling may serve as part of the OF SOUTHLAKE ORIGINAL SECTION 5.Any person,N CARROLL AVE 213 . 313 firm or corporation who PLEASE PAY ki violates, disobeys, omits,.L A K E TX 7 6 0 9 2-8 8 9 8 THIS AMOUNT neglects or refuses to com- efo r who ithmen ayot TN: SANDY LEGRAND provislonsof thisordlnance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation PLEASE WRITE IN AMOUNT ENCLOSED permitted Coexist shall con- stitute a separate offense. PASSED AND AP- PROVFf, IN c (-nun Fort Worth Star-Telegram . _ 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ''IE STATE OF TEXAS runty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared CAL RILEY Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram Inc . at Fort Worth , in Tarrant County , Texas ; and who , after being duly sworn , did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : OTAL DATE AD INVOICE NO. DESCRIPTION AD SIZE INCHUvE RATE AMOUNT OCT 09 6953452 CL . 358 1X56 L 56 . 40 22 . 40 NOTICE OF PUBLIC O C t 9 HEARING NOTICE isInterested per hereby give sons tht toalthe I P . O . # ORD NO . 574 ty Council of the City of South- lake Texas,will be holdinga ----------- public hearing during thegg ito b uheld on October 2 11 t992, at 7:00 p.m., Southlake City Hall,667 North Carroll Ave- nue, -- --- -- - - - - Southlake,Texas. Purpose of the hearing is to consider the second readingof the following ordinance: ORDINANC O.574 AN ORDINANCE / ADOPTING THE - "'/� _. EDITION OF THE UNI- FORM - - SWIMMING POOTUUBB CODE f`OR TDHE COT Tv OF SOUTHLAKE SIGNED AS; PROVIDING` AND SWORN TO BEFORE ME , THIS THE 15TH ► ' Y %F OCTOB , 992- IMUM STAND- I S FOR CONSTR UC- 1 OF SWIMMING NOTARY PUBLI L FENCE RE- SIT _ NGASEVSE'RABI?: - - c - -- - „�,, - \ cLAus - PROVIDING A SAV- TAR- ANT COUNTY, TEXAS PR INGS CLAUSE; REPEALING CON- FLICTING ORDI- 4, NANCES; PROVIDING .. `. PENALTIES;AEFFEC- tiP�IpS�b�r w'�ZHR SslON E.VtacS VIDING AN EFFEC- .c�§ --- TIVE DATE. 1 19g5 _ r C SECTION 5. Anyperson. , / �„ IANtlA Y 2 firm or corporation who 4 -:i R g violates,disobeys,omits,ne- ,i• glecis or refuses to comply - ',1 4 ..-_ -. with or who resists the en- ----$ ' �� :C forcemeat ofany of the prowl- sionsofihisordinance shallbe fined not more than Two Thou- sand Dollars ($2000.00) for — each offense.Each day that a violation Is permitted toexlst ---TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT shall consltute a separate of- _�* tense. City of Southlake Sandra L.LeGrand City Secretary REMIT TO : 400 W . SEVENTH, FW , TX 76102 Fort Worth Star-Te Rr"AtT TO: P. X��oAc�ck�Xxi��ro�y��t�g�Xl.2os1 le ra m 695.3452 ACCOUNT AMOUNT NUMBER CIT57 DUE 22 . 40 PAGE -OF 1 CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE 22 . 40 PLEASE PAY ii, SOUTHLAKE TX 76092-8898 THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED