(A) 
As a condition to the approval of its health permit, the DCO may enter the premises of public and semi-public pools, spas, or IWFFs at all reasonable times to make an inspection, to enforce any of the provisions of this article, to collect water samples, or whenever the DCO has probable cause to believe that a violation of this chapter exists on such premises.
(B) 
The DCO shall first present appropriate credentials and demand entry if the premises are occupied. If the premises are unoccupied, the DCO shall first make a reasonable attempt to locate the site operator, health permit holder, or person in control of the premises and demand entry.
(C) 
If entry is denied or if the site operator, health permit holder, or person in control of the premises cannot be located, the DCO shall have every recourse provided by law to secure entry.
(Ordinance 3670, adopted 3/17/2015; Ordinance 4190 adopted 3/5/2024)
(A) 
After inspecting a public or semi-public pool, spa, or IWFF pursuant to this chapter, the DCO may prepare a written inspection report. Such report may specify the violations observed during the inspection and require the health permit holder or site operator to bring the facility into compliance with this chapter by a specified time.
(B) 
The DCO shall furnish a copy of the inspection report to the site operator or health permit holder.
(C) 
The inspection report shall state that failure to comply with the orders of the report may result in the issuance of criminal citations, the closure of the facility, the suspension or revocation of the pool, spa, or IWFF health permit, and the exercise of all other remedies allowed by law.
(D) 
A person commits an offense if the person owns, is the health permit holder, or is the site operator of the pool, spa, or IWFF and fails to comply with an order issued pursuant to this section.
(Ordinance 3670, adopted 3/17/2015; Ordinance 4190 adopted 3/5/2024)
(A) 
The DCO may order a public or semi-public pool, spa, or IWFF closed if the DCO determines that:
(1) 
It is being operated without a valid pool, spa, or IWFF health permit;
(2) 
It is being operated without a trained and certified site operator;
(3) 
The continued operation of the pool, spa, or IWFF constitutes an imminent hazard to the health or safety of persons using the facility, or those in close proximity to the facility.
(B) 
After the DCO closes a public or semi-public pool, spa, or IWFF, the health permit holder, owner, or site operator shall immediately:
(1) 
Properly post and maintain easy-to-read and visible signs at all entrances to the pool, spa, or IWFF that state: "CLOSED UNTIL FURTHER NOTICE" in letters at least four inches high; and
(2) 
Lock and keep locked all doorways and gates that form a part of the pool, spa, or IWFF enclosure.
(C) 
Every permit holder, owner, or site operator shall make reasonable efforts to keep users out of the water until the pool, spa, or IWFF is re-opened. Reasonable exclusion may include locking gates, taping off the area, utilizing other appropriate barriers, or draining the facility.
(D) 
The permit holder or site operator of a pool, spa, or IWFF subject to a closure order commits an offense if he/she knowingly allows a person or persons to use the pool, spa, or IWFF.
(E) 
A person commits an offense if the person uses a pool, spa, or IWFF that has been ordered closed by the DCO and which is properly posted or locked as required by this section.
(F) 
If the health permit holder, owner, or site operator is absent, fails or refuses to comply with an order to close issued pursuant to this chapter, the DCO may post signs and secure the premises in accordance with this section.
(G) 
The DCO shall have the right to lock and/or chain entrances to public and semi-public pools, spas, and IWFFs if in the DCO's opinion the facility is dangerous to public health, the permit holder, owner, or site operator is not enforcing closure, or users are disregarding warnings.
(H) 
A person other than the DCO commits an offense if the person removes, defaces, alters, covers, or renders unreadable a closure sign posted by the DCO.
(I) 
A pool, spa, or IWFF closed by the DCO shall not resume operations until a re-inspection by the DCO determines, in writing, that the closure order is revoked and the facility has been brought into compliance with this chapter.
(J) 
A permit holder or owner may appeal a closure order to the DCO within 10 days after the issuance of the order. The appeal shall be in writing, shall set forth the reasons why the closure order should be rescinded, and shall be filed with the DCO. The filing of an appeal does not stay the closure order.
(Ordinance 3670, adopted 3/17/2015; Ordinance 4190 adopted 3/5/2024)
It shall be unlawful for any person to violate any provision of this chapter, and any such violation shall be deemed to be a misdemeanor and, upon conviction of such violation, such person shall be punished by a penalty as set forth in section 10.99 for each offense. Each and every day any such violation continues shall be deemed to constitute a separate offense.
(Ordinance 3670, adopted 3/17/2015; Ordinance 4190 adopted 3/5/2024)