HomeMy WebLinkAbout1547 - ORDINANCES - 7/30/1997 ORDINANCE NO. 1547
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING TITLE 6 OF THE PALM
SPRINGS MUNICIPAL CODE TO ADD CHAPTER 6. 14
ENTITLED PUBLIC SWIMMING POOLS AND SPAS
' THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Title 6 of the Palm Springs Municipal Code is
hereby amended by the addition of Chapter 6 . 14 to
read as follows:
Chapter 6 . 14
Public Swimming Pools and Spas
6 14 010 Requlation of public swimming pools and spas That
certain document, a copy of which is on file in the office of the
City Clerk of the City, being marked and designated as "Ordinance
465. 6, An Ordinance of Riverside County Regulating the Safety,
Operation, and Structure of Public Swimming Pools and Spas within
Riverside County" and all appendices, tables and indices thereto,
herein the Swimming Pool and Spa Code, is hereby adopted by
reference as the standard for the regulation of public swimming
pools and spas within the City, pursuant to the provisions of
Section 50022 . 1 et seq. of the California Government Code.
6 . 14 . 020 Pool facilities regulated. Regulated public pool
' facilities shall include, but not be limited to, commercial pools,
real estate and community pools, pools in hotels, motels, resorts,
duplexes, homeowners associations, mobile home parks, RV parks,
campgrounds, apartments, clubs and in public or private schools and
other institutions as defined in California Code of Regulations
Title 22 , whether or not an admission fee is charged.
6. 14 . 030 Permits and fees. No person shall operate a public
pool without obtaining and having in their possession a valid
environmental health permit issued by the Department of
Environmental Health. Application for a permit shall be made to the
Department of Environmental Health upon a form provided by the
department and shall be accompanied by a fee as specified below:
Public swimming pool, as defined in California Code of
Regulations, Title 22 , Section 65501 $210. 00
Public spa pool, as defined in California Code of Regulations,
Title 22 , Section 65501 $124 . 00
SECTION 2 . Ordinance 465 . 6 , the Swimming Pool and Spa Code
contains the following penalty provisions:
Criminal Penalties:
' A. Any person violating any provision of this
ordinance is guilty of an infraction or
misdemeanor as hereinafter specified. Such
individual shall be deemed guilty of a
separate offense for each day during which any
violation of this ordinance is committed or
allowed to exist. I�
B. Any individual convicted of a violation of
this ordinance shall be:
Page 2 , 4m,a'�
1 . Guilty of an infraction and punished by a
fine of not less than fifty dollars
($50 . 00) , but not to exceed one hundred
dollars ($100 . 00) for the first offense.
2 . Guilty of an infraction and punished by a
fine of not less than one hundred dollars
($100 . 00) , but not to exceed two hundred
dollars ($200 . 00) for the second offense.
3 . The third and any subsequent offense ,
shall constitute a misdemeanor, and shall
be punishable by a fine of not less than
five hundred dollars ($500 . 00) , but not
to exceed one thousand dollars
($1, 000 . 00) and/or six (6) months in
county jail, or both.
C. Notwithstanding the foregoing, a first or
second offense may be charged and prosecuted
as a misdemeanor.
D. Payment of any penalty shall not relieve an
individual from the .responsibility of
correcting 'the violations as noted on the
Official Inspection Form.
E. The Department of Environmental Health shall
collect all infractions and penalties arising
under this section. The court shall receive
the court administrative fees.
Civil Penalties:
Any person who willfully violates any provision of '
this ordinance or any other rules or regulations
adopted by the Department of Environmental Health
pursuant to this ordinance, in addition to any
criminal penalties, shall be .liable for a civil
penalty of: between fifty dollars ($50 . 00) and two
hundred fifty dollars ($250 . 00) for each day of
violation. The enforcement agency shall be
authorized to file and maintain an action in a
court of appropriate jurisdiction to collect any
such civil_ penalty arising under this section.
SECTION 3 . EFFECTIVE DATE. This Ordinance shall be in full
force and effect thirty (30) days after 'passage.
SECTION 4 . PUBLICATION. The City Clerk is hereby ordered and
directed to certify to the passage of this
ordinance and to cause the .same or a summary
thereof or a display advertisement, duly prepared
according to law, to be published in accordance
with law.
ADOPTED this 30th day of July 1997 .
AYES: Members Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY PF. PALM SPRINGS, CALIFORNIA
By
_- City Clerk Mayor
REVIEWED & APPROVED \
I HEREBY CERTIFY that the foregoing Ordinance 1547 was duly adopted, by the
City Council of the City of Palm Springs, in a meeting held on the 30th
day of July, 1997, and that same was publish ed-i-n the DESERT Sun on August 5, 1997.
�� JUDITH SUMICH, City Clerk