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HomeMy WebLinkAbout1957 Ordinance No. 031~ ~ '" ' J~ BY AUTHORITY ORDINANCE NO. 31, SERIES OF 1957 AN ORDINANCE TO PROVIDE FOR THE CONSTRUCTION AND REGULATION OF PRIVATE SWIMMING POOLS AND OTHER SUCH FACILITIES IN THE CITY OF ENGLEWOOD, COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The words, terms or phrases listed below, for the purpose of this ordinance, shall be defined as follows: Private Swimming Pools: Any artificially constructed pool designed, used and maintained for swimming purposes by an individual for use by his household and guests and located on a lot as an accessory use to a residence. The term "artificially constructed pool" shall mean a pool composed entirely of artificial construction. Wading Pool: Any artificially constructed pool, not designed or used for swimming, with a maximum area of one hundred and twenty (120) square feet and a maximum water depth of twenty- four (24) inches. "Local Board of Health" and Board of Health" shall be deemed to refer to the Tri-County District Health Department and "Health Oificer" shall be deemed to refer to the appropriate officer of said department until such time as such a board and officers thereof may be estab- lished in the City of Englewood . Section 2. It shall be unlawful to construct or establish a Private Swimming Pool or ading Pool as herein defined without having obtained a permit therefor in the nanner herein- after prescribed. Section 3. Permits: Application for the construction and maintenance of a private swim- aing pool or wading pool shall be made to the Building Inspector by the owner of the property and by the contractor who will construct said swimming pool. The application shall be accom- panied by duplicate sets of plans, specifications and plot plans of the property. The plot plan shall show the accurate location of the proposed swimming pool on the property, together ith any proposed bath houses or cabanas. The plot plan shall also show the location, height and type of all existing fencing or walls on the boundary lines of the property, together with the type and height of such fencing or enclosure as may be required by Section 11 of this Or- dinance to prevent, within reason, any person from gaining access beneath, over, or through said fence when the pool is unguarded or unattended. A fee of Twenty Dollars ($20) shall be paid to the City of Englewood for such private swimming pool permit, which permit fee shall be exclusive of the permit fee required ·for erection of any accessory structure to be used in connection with such swimming pool. A fee of Ten Dollars ($10) shall be paid to the City for ading Pool permit as defined herein. No permit for a private swimming pool or wading pool shall be issued by the Building Inspector until the plans, specifications and plot plan have been approved by the Health Officer and by the City Engineer of the City of Englewood, and such approval has been properly certified on the plans. Such approval must be directly ob- tained from the He~lth Officer by the applicant. Section 4. Construction and Maintenance: All material used in the construction of ar- tificial private swimming pools-ind wading pools as herein defined shall be wata-proof and easily cleaned. Construction and design of said pools shal1 be such that same may be so maintained and operated as to be clean and sanitary at all times. The owners of every pri- vate swimming pool shall be responsible to maintain said pool in such condition as to pre- vent breaks in the pool chassis or water from the pool overflowing into adjacent public or private property. Section 5. Water Supply: There shall be no physical connection between a potable pub- lic or private water supply system and such private swimming pools or wading pools. Section 6. Discharge Ststem: All private swimming pools hereafter constructed within the City of Englewood shalle provided with one drainage outlet not in excess of three (3) inches in diameter extending from said pool to either a brook, storm sewer or lawn sprinkling system in the premises on which said private pool is located. The discharge of water from such private swimming pools into a brook or storm sewer shall be permitted only following approval by the proper State, County and City officials, as each case requires. No private pool drain shall be connected into the City's sanitary sewer system. The City Engineer or his designated employee, shall inspect the premises on which such pool is planned to be con- structed in order to determine the proper place and type of connection with the drainage system. Approval shall not be given to discharge such water at the curb or upon the surface of any street. Section 7. Disinfection: All private swimming pools shall be treated with chlorine or its compounds in sufficient quantity so that there will be present in the water at .all times when the pool is in use, a residual of excess chlorine of not less than 0.20 parts per million of available free chlorine. Section 8. Bacteriological Standards: Not more than 20% of the samples of water taken from any private swimming pool, when more than twenty samples have been examined, and not more than three samples, when less than twenty samples have been examined, shall contain more than two hundred bacteria per cubic centimeter or shall show positive test (confirmed) for coliform in any of five, ten cubic centimeter portions of water at times when the pool is for use. For the purpose of this section, any number of samplings of water on a single day shall be consider- ed as one sample. The Local Board of Health is hereby authorized to take samples to insure compliance with these requirements. Section 9. Accessory Buildings: Locker rooms, bath houses, cabanas, shower rooms, toilets, runways and all other physical facilities or equipment incident to the operation of any private swimming pool shall be kept in a sanitary condition at all times. Section 10. Location: Every private swimming pool or wading pool shall be located ithin the rear one-third of the owner's premises, and not less than ten (10) feet from the rear and side property lines. Section 11. Fencing: All private swimming pools now existing or hereafter constructed II I I or insta lled within the City of Englewood which are located two hundred (200) feet or less from any pro perty line of t h e lot or plot upon which the same is situated, shall be en- closed b y a s ubst a ntial fe nce not less than five (5) feet in height which shall also be in accorda nce with the provisi ons relating to fences under the relevant section of "THE BUILD- ING CO DE OF THE C I TY OF ENGLEWOOD". Said fence shall be so constructed as to prevent, within reason, any person from g a i ning access beneath , over or through said fences and which shall have similar ly s ubstanti a l g ates or doors of the same height as the fence, with facilities for locking s a id g a tes or doors a t all times when the pool is unguarded, unattended, or not in actual use . A sign of no t more than three (3) square feet in area, reading· "Private-- o Admittance" c a n, at the d i sc1·etion of the owner, be placed on the outside of any such gates or doors lea ding into such private swimming pool. No provision contained within this section, however, shall be a pplicable where a private swimming pool now existing or hereafter constructed is located on a p lot not less than two hundred (200) feet from the front property line, and where there is p resent on the side and rear property lines walls or fencing the height of which shall conform with the provisions relating to fences under the relevant section of "The Building Code of the City of Englewood " and which shall be constructed to prevent with- in reason any person from ga ining access beneat h, over or through said fencing. Section 1 2 . Lighting . No artificial l ighting shall be maintained or operated in connect- ion with private swimming p ools i n such a manner as to be a nu i sance or an annoyance to neigh- boring properties . Section 13. Appeals. Appeals from the decision of the Building Inspector may be made to the Zoni ng BOar d of Ad j u s tment i n the manner provided in the "Zoning Ordinance of the City of Englewood". Section 14. Enforcement. Every privat e swimming pool or wading pool as defined herein constructed , or to be cons tructed i n the Ci t y of Englewood, shall at all times comply with the requirements of the Loc al Board of Heal t h. Any nuisance, or hazard to safety or health which may exist or develop in or i n consequence of or in connection with any such swimming pool, shall be abated and re moved by the owner, lessee or occupant of the premises on which the pool is located within t en (10 ) days of receipt of notice from the Police Department, Board of Health, or other appropr i a t e agency of the City of Englewood. Section 15 . Penalty: Any person who violates this ordinance, or any part thereof, shall, upon convic t ion, forf e it and pay a fine not exceeding Three Hundred Dollars ($300), or be imprisoned for a term not e xceeding n i nety (90) days, for each and every offense. Each and every day during which s uc h offense continues shall be considered a separat e offense. Section 16. The City of En g lewood may , i n its discretion , proceed against any violation or vio l ator of this Ordinance by abatemen t, i n j unction, or other appropriate civil action, which remedies shall be add i t i onal and cumu l at i ve to t he penalties in Section 15. Section 17. If any secti on, s ubsect i on , s ente nce, clause or phrase of this ordinance is for any reason held to be unconstitut i onal or i nvalid, such decision shall not affect the remaining portions of this o rdinance. Section 18. The City Council h ereby finds, d etermines, and declares that this ordinance is necessary for the immedi a te p reservation o f p ublic peace, health, safety , and convenience. Section 19. In the opi n i o n of t he Cit y Council an emergency exists ; therefore, this or- dinance sha ll take effect a nd be in f orce f rom and after its final passage and publication. Passed on First Reading by t~e Ci ty Counc i l of the City of Englewood, Colorado, this 19th day of August, A. D. 1 9~7, and ord ered publ i shed i n the Englewood Herald and Enterprise. Passed on Final Readi n g by t he City Council of 16 day of September, A. D. 1957, and ordere d p ' ATTEST: ~~ I, J. L . Barron, City Clerk of the C ity of Englewood, Colorado, do hereby certify that the above and fo regoing Ordinance wa s i ntroduced and read in full and ordered published as pro- posed Ordinance for the mee tings of August 19th and September 16th, 1957 , held by the City Council of the City of Englewood, Colorado, on said dates and the same was published in the Englewood Herald and Enterprise, September 19th , 1957 , as Ordinance No. 31, Series of 1957. //;,a~.~------... ~7 ~ 7 --CI~y CTerK 385