(a) The director may order a recreational aquatic spray ground spa closed if the director determines that:
(1) The RASG is being operated without a valid RASG permit; or
(2) The continued operation of the RASG will constitute an imminent hazard to the health or safety of persons using the facility, or those in close proximity to the facility.
(b) After the director closes a recreational aquatic spray ground, the owner, operator or manager of the RASG shall immediately:
(1) Properly post and maintain signs at all entrances to the RASG that state “CLOSED UNTIL FURTHER NOTICE;” and
(2) Lock all doorways and gates that form a part of the RASG enclosure.
(c) Signs required by subsection (b) above shall be a minimum size of eight and one-half inches by 11 inches. The lettering shall be of a contrasting color to the background. Signs shall be positioned so that they are readily visible to a reasonably observant person.
(d) If the owner, operator or manager of the RASG is absent or fails or refuses to comply with subsections (b) and (c) above, the director may post signs and secure the premises in accordance with this section.
(e) A person commits an offense if the person is an owner, operator or manager of a RASG subject to a closure order and fails to comply with subsection (b) or (c) of this section.
(f) A person (other than the director) commits an offense if the person removes, defaces, alters, covers or renders unreadable a closure sign posted by the director.
(g) A person commits an offense if the person uses a recreational aquatic spray ground that has been closed by the director and that is properly posted as required by this section.
(h) A person commits an offense if the person is an owner, operator or manager of a RASG subject to a closure order and knowingly allows persons to use the recreational aquatic spray ground.
(i) A RASG closed by the director shall not resume operation until a re-inspection by the director determines that the facility has been brought into compliance with this article.
(j) (1) A permit holder may appeal a closure order to the director within three days after the issuance of the order.
(2) The appeal must:
a. Be in writing;
b. Set forth the reasons why the closure order should be rescinded; and
c. Be filed with the director.
(3) The filing of an appeal does not stay the closure order.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)