Editor's Note: Former Chapter 225, Health and Sanitation, containing
Sections 225.010 through 225.180, was repealed 8-19-2021.
[R.O. 2013 §21.5-1; Ord. No. 6.14 (Bill No. 600) §1, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
This Chapter is enacted to regulate the construction, operation
and maintenance of swimming pools, bathing places and water slides
and the equipment and apparatus thereof for the purpose of assuring
the public health, safety and welfare. This Chapter shall be liberally
construed and applied to promote this underlying purpose.
[R.O. 2013 §21.5-2; Ord. No. 6.14 (Bill No. 600) §2, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord.
No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill
No. 2832), 7-21-2022]
The following definitions shall apply in the interpretation
and application of this Chapter:
BATHING PLACE
A body of water used or intended to be used for public, semi-public
or private swimming and recreational bathing by adults or children,
or both adults and children, whether or not any charge is imposed
upon such adults or children, operated and maintained by any person
as herein defined, whether such person be an owner, lessee, operator,
licensee or concessionaire, exclusive of cleansing or healing baths
as defined herein, and shall include all shores, structures, appurtenances,
equipment, appliances and other facilities, areas and enclosures appurtenant
to and intended for the operation and maintenance of bathing places
and also all such bathing places operated and maintained in conjunction
with or by clubs, motels, hotels and community associations.
CLEANSING AND HEALING BATHS
Bathing places used or intended to be used for the cleansing
of the body or for the practice of healing under accredited and licensed
medical supervision unless such bathing places contain pools, tanks
or other such bodies of water in artificial or semi-artificial receptacles
or other containers used or intended to be used collectively by a
number of persons.
FAMILY POOL
A swimming pool used or intended to be used solely by the
owner, operator or lessee thereof and such owner's, operator's or
lessee's family and guests invited to use it without payment of any
fee.
PERSON
Any person, firm, partnership, association, corporation,
company, or any organization of any kind and, as used herein, includes
the plural as well as the singular.
SWIMMING POOL
A body of water in an artificial or semi-artificial receptacle
or other container, whether located indoors or outdoors, used or intended
to be used for public, semi-public or private swimming, wading or
spraying by adults or children, or both adults and children, whether
or not any charge is imposed upon such adults or children, operated
and maintained by any person as herein defined, whether such person
be an owner, lessee, operator, licensee or concessionaire, exclusive
of a family pool as defined herein, and shall include all structures,
appurtenances, equipment, appliances, and other facilities, areas
and enclosures appurtenant to and intended for the operation and maintenance
of a swimming pool, wading pool or spraying pool and also all such
swimming pools, wading pools and spraying pools operated and maintained
in conjunction with or by clubs, motels, hotels and community associations.
WATER SLIDE
A facility comprised of flume, pool, pump, and other components
used or intended to be used for public, semi-public or private slide
and water recreation by adults or children, or both adults and children,
whether or not any charge is imposed upon such adults or children,
operated and maintained by any person as herein defined, whether such
person be an owner, lessee, operator, licensee or concessionaire and
shall include all structures, appurtenances, equipment, appliances
and other facilities, areas and enclosures appurtenant to and intended
for the operation and maintenance of a water slide and also all water
slides operated and maintained in conjunction with or by clubs, motels,
hotels and community associations.
[R.O. 2013 §21.5-3; Ord. No. 6.14 (Bill No. 600) §3, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord.
No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill
No. 2832), 7-21-2022]
The Code Enforcement Officer may promulgate rules and regulations
to carry out the purpose and intent of this Chapter to protect the
public health, safety and welfare.
[R.O. 2013 §21.5-6; Ord. No. 6.14 (Bill No. 600) §6, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord.
No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill
No. 2832), 7-21-2022]
The water at swimming pools, bathing places and water slides
shall be of such bacterial, chemical and physical quality as the Code
Enforcement Officer or that officer's duly authorized agents shall
from time to time determine is required to assure compliance with
the sanitary requirements of this Chapter and any rule or regulation
issued hereunder.
[R.O. 2013 §21.5-7; Ord. No. 6.14 (Bill No. 600) §7, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord.
No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill
No. 2832), 7-21-2022]
The sanitary conditions at swimming pools, bathing places and
water slides shall be of such satisfactory bacterial, chemical and
physical quality as the Code Enforcement Officer or that officer's
duly authorized agents, from time to time shall determine to be necessary
to assure compliance with the sanitary requirements of this Chapter
and any rule or regulation issued hereunder.
[R.O. 2013 §21.5-8; Ord. No. 6.14 (Bill No. 600) §8, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord.
No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill
No. 2832), 7-21-2022]
No person shall operate or maintain a swimming pool, bathing
place or water slide until a license therefor shall have been issued
by the Code Enforcement Officer or that officer's duly authorized
agents, which license shall not be valid for longer than one (1) year
from the date of issuance. A new license must be secured on or before
May fifteenth (15th) of each year which will permit operation or maintenance
until the following May fifteenth (15th). All licenses shall be in
writing and shall state the conditions thereof and the term for which
the license is granted. It shall be unlawful for any person to conduct,
operate, maintain or manage any swimming pool, bathing place or water
slide without complying with the requirements of this Chapter; and
the Code Enforcement Officer is charged with the administering and
enforcing licensing provisions of this Chapter. The Code Enforcement
Officer is hereby authorized to promulgate rules and regulations for
the construction, operation and maintenance of swimming pools, bathing
places and water slides for the protection and promotion of the public
health, safety, morals and public welfare.
[R.O. 2013 §21.5-9; Ord. No. 6.14 (Bill No. 600) §9, 4-2-1981; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord.
No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill
No. 2832), 7-21-2022]
Any license granted by the Code Enforcement Officer hereunder
may be revoked by that officer for failure to comply with the rules
and regulations promulgated under this Chapter or whenever, in the
determination of the Code Enforcement Officer or that officer's duly
authorized agents, further operation under such license creates a
menace to the health, safety or morals of the users of the swimming
pool, bathing place or water slide; provided that the holder of any
license which has been revoked may appeal to the Board of Appeals
of the City the Code Enforcement Officer's revocation of the license
and may have the Board of Appeals determine the legality or reasonableness
of the revocation of the license. No appeal under this Section, however,
shall entitle the license holder to continue operation of the swimming
pool, bathing place or water slide pending action by the Board of
Appeals.
[R.O. 2013 §21.5-10; Ord. No. 6.14 (Bill No. 600) §10, 4-2-1981; Ord. No. 14.541 (Bill
No. 2761), 12-19-2019; Ord. No. 6.39 (Bill No. 2799), 8-19-2021; Ord.
No. 14.559 (Bill No. 2832), 7-21-2022]
No person shall operate or maintain a swimming pool, bathing
place or water slide without display in a prominent and conspicuous
place of an unrevoked license from the Code Enforcement Officer of
the City of Arnold or that officer's duly authorized agents. Such
license shall be displayed in a prominent and conspicuous place in
full view of any persons using the facility, together with the current
certification of the Code Enforcement Officer as to the satisfactory
sanitary and water quality conditions of the swimming pool, bathing
place or water slide.
[R.O. 2013 §21.5-11; Ord. No. 6.14 (Bill No. 600) §11, 4-2-1981; Ord. No. 14.541 (Bill
No. 2761), 12-19-2019; Ord. No. 6.39 (Bill No. 2799), 8-19-2021; Ord.
No. 14.559 (Bill No. 2832), 7-21-2022]
Before issuing any license and before any swimming pool, bathing
place or water slide is opened for public use, and at such other times
as the Code Enforcement Officer shall determine to be necessary, the
Code Enforcement Officer or that officer's duly authorized agents
shall inspect or cause to be inspected all swimming pools, bathing
places and water slides within the City at such times as the Code
Enforcement Officer may deem it necessary to carry out the purposes
and intent of this Chapter. The Code Enforcement Officer or that officer's
duly authorized agents are hereby authorized to enter upon any premises,
private or public, to take such samples of water at such times as
that officer may deem necessary and to require the owner, proprietor
or operator to comply with rules and regulations pertaining to swimming
pools, bathing places or water slides promulgated by the Code Enforcement
Officer in accordance with this Chapter. In the event of the failure
of compliance after due notice with the rules and regulations and
requirements of the Code Enforcement Officer or the requirements of
this Chapter, the Code Enforcement Officer or that officer's duly
authorized agents shall have the power to abate or cause a suspension
of the use of such swimming pool, bathing place or water slide until
such time as the same is, in the opinion of the Code Enforcement Officer
or that officer's duly authorized agents, no longer a menace or a
hazard to health, safety or morals.
[R.O. 2013 §21.5-12; Ord. No. 6.14 (Bill No. 600) §12, 4-2-1981; Ord. No. 14.541 (Bill
No. 2761), 12-19-2019; Ord. No. 6.39 (Bill No. 2799), 8-19-2021; Ord.
No. 14.559 (Bill No. 2832), 7-21-2022]
Persons operating or maintaining a swimming pool, bathing place
or water slide shall make and maintain such records of operation and
maintenance as may be required by the Code Enforcement Officer and
provide reports of the same to the Code Enforcement Officer as that
officer may require.
[R.O. 2013 §21.5-13; Ord. No. 6.14 (Bill No. 600) §13, 4-2-1981; Ord. No. 14.541 (Bill
No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
In the construction, operation and maintenance of any swimming
pool, bathing place or water slide, the laws of the State of Missouri
and the rules, regulations and requirements of the State's Department
of Health and Senior Services shall be observed. In the event of any
conflict between the provisions of this Chapter and any provision
of State law or requirement, rule or regulation of the State Department
of Public Health, the provision imposing the higher standard or the
more stringent requirement shall be controlling.
[R.O. 2013 §21.5-39; Ord. No. 6.19 (Bill No. 830) §6, 8-1-1985; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord.
No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill
No. 2832), 7-21-2022]
A. It
shall be unlawful for any person to discharge water from a pool except
in compliance with the following provisions:
1.
Water shall only be discharged into a sanitary sewer.
2.
In the event that sanitary sewers are not available, water from
pools shall be discharged in such locations, and in such a manner,
as authorized by the Code Enforcement Officer.
[R.O. 2013 §21.5-40; Ord. No. 6.19 (Bill No. 830) §7, 8-1-1985; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord.
No. 6.39 (Bill No. 2799), 8-19-2021; Ord. No. 14.559 (Bill
No. 2832), 7-21-2022]
The Code Enforcement Officer is hereby empowered to conduct
such tests and inspections as necessary to determine compliance with
this Article.
[R.O. 2013 §21.5-42; Ord. No. 6.19 (Bill No. 830) §9, 8-1-1985; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord.
No. 14.559 (Bill No. 2832), 7-21-2022]
Any pool determined to be in violation of the bacteriological
standards or physical standards shall be issued a notice to correct
the violations within five (5) days from the receipt or posting of
the notice of violation.