(A) A person commits an offense if he or she violates any portion of this chapter or the standards set forth by the State Department of Health.
(B) Failure to comply with any section of this chapter may result in the immediate closure of the aquatic facility and/or the initiation of legal action. Upon determination that the aquatic facility does not comply with the provisions of this chapter, the regulatory authority shall notify the permit holder or Manager of Operations of the existing violations. If the regulatory authority determines that the condition of the aquatic facility may be hazardous to the health or safety of the swimmers or the general public, the aquatic facility shall be immediately closed. A new water sample and inspection of the aquatic facility will be conducted from 8:00 a.m. to 2:00 p.m., Monday through Thursday at the request of the pool Manager of Operations or the permit holder. The aquatic facility water must completely turnover through the filtration and chlorination system at least once before reinspection and resampling. If compliance has been achieved, the permit holder shall be notified that the aquatic facility may be opened.
(C) When the regulatory authority has ordered that an aquatic facility be closed due to noncompliance with any provision of this chapter, the permit holder shall not allow the aquatic facility to be used for swimming, diving or bathing purposes and shall immediately take every reasonable step to prevent the use of such aquatic facility for such purposes. By way of example and without limiting such duty, the permit holder shall immediately:
(1) Post notices reasonably likely to come to the attention of potential users of the pool or spa advising of the closure;
(2) Lock all gates and doorways in any fence or other enclosure surrounding such pool; and
(3) Failure to immediately comply with the above will result in the regulatory authority posting a sign at the pool, which states, "Pool Closed by Order of the Wichita Falls-Wichita County Public Health District." It shall be unlawful to remove, cover, or mutilate such sign without the approval of the regulatory authority. Use of the aquatic facility by an individual for swimming, diving or bathing purposes after the regulatory authority has ordered such aquatic facility to be closed shall be deemed prima facie evidence that the permit holder of such aquatic facility has knowingly allowed the aquatic facility to be used for such purposes.
(D) The regulatory authority shall suspend a permit to operate a public pool or spa if:
(1) A permit holder fails to designate a certified Manager of Operations as specified in this chapter;
(2) The condition or operation of a pool or spa is considered to be hazardous or constitutes an imminent health hazard to the health or safety of swimmers or the general public;
(3) The permit holder fails to keep all spa equipment and devices working properly; or
(4) The suspension shall continue until the regulatory authority has conducted a new inspection, and the cause of suspension is corrected.
(Ord. 781, passed 5-17-10; Am. Ord. 948, passed 5-30-19)