§ 58-208. Enforcement.

(a)

The health authority is authorized to issue citations charging the violation of any of the provisions of this article, and, to the extent authorized or permitted by law, any applicable state laws, rules, or regulations regarding pool safety. In addition, the health authority may order a facility closed if the health authority determines:

(1)

That it is being operated without a valid permit; or

(2)

That the continued operation of the facility will constitute a hazard to the health or safety of persons using the facility or those in close proximity to the facility.

(b)

Upon closure of a facility pursuant to this section, the person in charge of the facility shall immediately:

(1)

Properly post and maintain signs at all entrances to the facility that state: "CLOSED UNTIL FURTHER NOTICE"; and

(2)

Lock all doorways and gates that form a part of the facility enclosure so that the facility is only accessible to maintenance or authorized personnel for repairs.

(c)

Signs required to be posted under this section 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 and not less than one inch in height. Signs shall be positioned so that they are readily visible to a person seeking entry to the facility.

(d)

If the person in charge of the facility is absent, or fails or refuses to comply with the requirements of subsection (b), the health authority may post signs and secure the premises in accordance with this section.

(e)

A person commits an offense under this section if the person:

(1)

Removes, defaces, alters, covers, or renders unreadable a closure sign posted by the health authority; or

(2)

Uses a facility subject to a closure order for swimming, diving, or bathing; or

(3)

Is a person in charge of a facility subject to a closure order and knowingly allows persons to use the facility for swimming, diving, or bathing; or

(4)

Is a person in charge of a facility subject to a closure order and fails to comply with the requirements of this section.

(f)

An operator may appeal a closure order within three days after the issuance of the order by filing a written statement with the health authority setting forth the reasons why the closure order should be rescinded. The filing of an appeal does not stay the closure order.

(g)

A facility closed by the health authority shall not resume operation until a reinspection by the health authority establishes that the facility is in compliance with this article and all applicable state or federal laws and rules and regulations regarding pool safety.

(Ord. No. O-05-16 , § I, 3-14-2016)