G78-86 Ordinance No. G78-86
AN ORDINANCE
ADDING CHAPTER 6.65 ENTITLED "SWIMMING POOLS" TO THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section I. That Chapter 6.65 be and is hereby added to the Elgin Municipal Code,
1976, as amended, to read as follows:
"SWIMMING POOLS
6.65.010 License required.
It is unlawful to operate or maintain a swimming pool in the city
without first having obtained a license therefor as provided in this chapter.
6.65.020 Adoption of state regulations.
The Swimming Pool and Bathing Beach Act (Illinois Revised Statutes,
1986, Chapter 1111/2, paragraphs 1201 through 1227 inclusive, as amended) is
adopted as the regulations governing swimming pool operation and mainte-
nance procedures.
6.65.030 Definitions.
A. Words or phrases as used in this chapter shall be defined as
provided by Illinois Revised Statutes, 1986, Chapter 1111/2, Paragraphs 1201
through 1227 inclusive, as amended, with such exceptions as are hereinafter
set forth in this section.
B. "Health Officer" means the code enforcement officer of the city
or his designee.
6.65.040 Licensee--Application.
All applications for a license to operate a swimming pool shall be
made in conformity with the standard application procedure in
Chapter 6.03. All applications shall be referred to the health officer, who
shall make or cause to be made an investigation of the premises, and report
his finding thereon, recommending or advising against the issuance of a
license.
6.65.050 License Fee--Exempt Facilities
The annual license fee of a swimming pool shall be $30.00. Swimming
pools operated by the city shall be exempt from the license fee require-
ment.
•
6.65.060 Inspection.
A. At least four times during each license period the health officer
shall inspect every swimming pool located within the city. Upon discovery
by the health officer of any swimming pool operation or maintenance
violation, he shall issue a written inspection report to the license holder or
operator citing such conditions, specifying the corrective action to be
taken and specifying the time period within which action shall be taken.
The health officer shall make a second inspection after the lapse of such
time as he deems necessary for the defect to be remedied. Any violation
of the same requirement of this chapter on such second inspection may be
grounds for suspension of the license.
B. The owner or person operating the swimming pool shall upon
request of the health officer permit access to all parts of the premises.
6.65.070 Suspension of license.
A. The health officer shall be authorized to order the cessation of
business, the closing of the premises, and the temporary suspension of any
license for the failure of the holder to comply with the requirements of this
chapter so that the continued conduct of the swimming pool does not
constitute a nuisance or present a danger to the public health, safety or
general welfare.
B. The license holder and/or operator shall be given written notice,
along with the inspection report, that upon service of the notice the license
is immediately suspended. A license holder may appeal an order of suspen-
sion by written request for a hearing by the board of health filed with the
health officer who shall promptly notify the chairman of the board of
health.
6.65.080 Revocation of license.
A. For serious or repeated violations of any requirements of this
chapter, or for interference with the health officer in the performance of
his duties, the health officer may seek a hearing before the city's board of
health for the purpose of determining whether or not the license should be
revoked. Such revocation, if ordered, shall not preclude prosecution and
imposition of any other penalties. A license may be suspended for cause
under Section 6.65.070 pending its revocation or a hearing relative thereto.
B. The license holder and/or operator shall be given written notice,
along with the inspection report, that upon service of the notice the license
is immediately suspended pending a hearing on the request for revocation
before the board of health.
6.65.090 Reinstatement of license.
Any person whose license has been suspended may, at any time, make
application for a reinspection for the purpose of reinstatement of the
license. Within two days following a receipt of a written request, including
a statement signed by the applicant that in his opinion the condition
causing suspension of the license has been corrected, the health officer
shall make a reinspection. If the applicant is complying with the require-
ments of this chapter, the licensed shall be reinstated and the request for
revocation shall be dismissed by the board of health.
6.65.100 Hearings.
A. All hearings required by this chapter shall be before the board of
health. The chairman of the board of health shall cause a hearing to be
held not later than ten days from the date of the notice or application for
hearing. Hearings shall be conducted by not less than four members of the
board of health. The license holder or person in charge shall be given
notice of the time and place of the hearing by certified mail to the
licensee's last known address or delivered personally to the license holder
or person in charge at least three days prior to the hearing date. At the
hearing the licensee shall be permitted counsel and shall have the right to
submit evidence and cross-examine witnesses.
B. At the conclusion of the hearing, the board of health may
sustain, modify or reverse any order of the health officer and may suspend
or revoke the license. The decision of the board of health shall be rendered
in writing within two days and shall be final."
Section 2. That all ordinances or parts of ordinances in conflict with the provi-
sions of this ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its
passage and publication in the manner provided by law.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: October 13, 1986
Passed: October 13, 1 986
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
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