HomeMy WebLinkAboutOrdinance No. 569 CITY OF THE COLONY, TEXAS
ORDINANCE' NO. ~ ~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING THE CODE OF ORDINANCES OF THE CITY
BY AMENDING CHAPTER 6 OF THE CODE RELATING TO
CONSTRUCTION AND RELATED ACTIVITIES; BY
ADDING SECTION 6-79 RELATING TO SPAS;
AMENDING SECTION 6-80 RELATING TO
DEFINITIONS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING THAT THIS ORDINANCE SHALL HE
CUMULATIVE OF ALL OTHER ORDINANCES OF THE
CITY RELATING TO CONSTRUCTION AND RELATED
ACTIVITIES EXCEPT TO THE EXTENT OF CONFLICT
HEREWITH; PROVIDING A PENALTY NO~ TO EXCEED
THE SUN OF TWO THOUSAND DOLT.ARS ($2000.00)
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That Chapter 6 of the Code of Ordinances of
the City of The Colony, Texas (the "City") relating to
construction and related activities is hereby amended in the
following particulars, and that all other chapters, sections,
subsections, paragraphs, sentences, words and phrases of said
Code are not amended but are hereby ratified, verified, approved
and affirmed:
A. That Section 6-79 relating to spas and hot tubs is hereby
added as follows:
"Sec. 6-79. Spa and hot tub regulations.
The requirements of this section are to be adhered to
and enforced for all spas and hot tubs.
(1) All spas and hot tubs shall be fenced in accordance
with Sec. 6-78. Swimming Pool Regulations, of this
Code.
(2) The installation of a rigid cover capable of supporting
50 pounds at any point and including a locking device
capable of tightly securing the rigid cover from
unauthorized entry, shall be deemed adequate for
satisfying the intent of this section providing fencing
is not otherwise necessary.
B. That Section 6-70 is hereby amended by adding the
following definition:
"Sec. 6-70. Definitipns.
Spa/Hot Tub - A body of water in an artificial or
semiartificial receptacle or other container located outdoors,
used or intended for public, semipublic or private use by adults
or children, operated and maintained by any person, whether an
owner, lessee, operator, licensee or concessionaire, and shall
include spas and hot tubs used or intended to be used solely by
the owner or friends invited to use it without payment of any
fee.
Section 3. If any clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is
held invalid or unconstitutional by a Court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance; and the City Council hereby
declares it would have passed such remaining portions of this
Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
Section 4. That this ordinance shall be cumulative of
all other ordinances of the City affecting traffic and shall not
repeal any of the provisions of said ordinance§ except in those
instances where provisions of those ordinances are in direct
conflict with the provisions of this ordinance.
Section 5. Any person violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be subject to a fine in a sum not
to exceed Two Thousand Dollars ($2000.00) for each offense and a
separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
Section 6. The fact that the present ordinances and
regulations of the City of the Colony, Texas, are inadequate to
properly safeguard the health, safety, morals, peace, and general
welfare of the inhabitants of the City of The Colony, Texas,
creates an emergency for the immediate preservation of the public
business, property, health, safety, and general welfare of the
public which requires that this ordinance become effective from
and after the date of its passage and it is accordingly so
ordained.
PASSED AND APPROVED ~e City Council of the City of
The Colony, Texas on this thev/ , - day of January, 1989.
Don Amick, Mayor
ATTEST:
Patti A. Hicks, City Secretary
[SEAL]
APPROVED AS TO FORM:
hn Boyle, Ci~ Attorney