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1994-223 ORDINANCE NO. ~ --~3 /tN ORD%NANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 28-297 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO ALLOW A 180-DAY GRACE PERIODt COMMENCING UPON APPROVAL OF AN ANNEXATION ORDINANCE, FOR OWNERS OF EXISTING PRIVATE OR SEMIPUBLIC SWIMMING POOLS, SPAS OR HOT TUBS LOCATED WITHIN SUCH NEWLY ANNEXED AREAS TO COMPLY WITH THE REQUIREMENTS OF SUBSECTION (5) (a) OF SECTION 28-297 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AND ESTAB- LISHING AN EFFECTIVE DATE. WHEREAS, to protect the public safety of its inhabitants, it is the desire of the City Council of the City of Denton, Texas to promote rapid compliance with ordinances mandating erection and maintenance of required fences and enclosures around private and semipublic swimming pools, spas and hot tubs, by owners of such existing facilities newly annexed into the city limits; and WHEREAS, the City Council of the City of Denton, Texas, recog- nizes that, at the time of passage of the ordinance mandating such fences and enclosures, owners of existing pools, spas and hot tubs within the city limits were allowed a grace period of approximately six months to construct such enclosures; and WHEREAS, the City Council of the city of Denton, Texas understands that the owners of existing pools, spas and hot tubs within newly annexed areas face similar economic barriers and time constraints, such that immediate compliance with ordinances mandat- ing such enclosures within newly annexed areas would impose a huge burden; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 28-297 of the Code of Ordinances, city of Denton, Texas, is hereby amended by adding a new subsection (5) (e) (3) to read as follows: Sac. 28-297. Deletions and amendments to swimming pool code. The swimming pool code adopted by section 28-296 is hereby amended and changed as follows: (1) [unchanged] (2) [unchanged] (3) [unchanged] (4) [unchanged] (5) Section 305. Enclosure. A new section 305 is added to read as follows: Section 305. Enclosure. (a) [unchanged] (b) [unchanged] (c) [unchanged] (d) [unchanged] (e) Existing Swimming Pool, Spa or Hot Tub ~clo- sures. (1) [unchanged] (2) [unchanged] (3) Within 180 days of final passage of an ordinance annexing his or her property into the city limits, an owner of a pri- vate or semipublic swimming pool, spa or hot tub having a depth of twenty-four (24) inches or more at any point, shall comply with subsection (5) (a) hereof. (6) [unchanged] SECTION II. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub- lished twice in the Denton Record-Chronicle, the official newspaper of the city of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ~+~ day of~-c~~ , PAGE 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY PAGE 3