§ 43-4. Applicability of chapter; inspection and compliance; penalty for violation.

(a)

Unless a variance is granted pursuant to section 43-7 of this Code, all provisions of this chapter shall apply to aquatic structures. No aquatic structure shall be operated within the city unless it conforms to the requirements of this chapter.

(b)

The operator of a facility shall maintain on site a water quality testing device or kit capable of accurately testing for and measuring pH and disinfectant levels within certain chemical ranges in accordance with section 43-6 of this Code. Operational records of testing results and maintenance activities, including documentation of approved drain covers, shall be retained on site at a facility for not less than two years. However, to the extent that state or federal law requires a more lengthy record retention period, the records shall be retained for the entirety of the state or federally-mandated period.

(c)

The health officer may inspect all aquatic structures to protect the public health and to ensure compliance with the provisions of this chapter; provided that in any case in which permission to inspect is denied, the health officer shall obtain an administrative search warrant.

(d)

Except as provided in subsection (e), any person who violates any provision of this chapter, any rule or regulation promulgated by the health officer or any applicable state law, rule or regulation regarding pool safety shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $250.00 nor more than $2,000.00 for the first conviction. For any succeeding conviction, such person shall be fined not less than $500.00 nor more than $2,000.00. Each day that a violation continues shall constitute a separate offense.

(e)

Notwithstanding any other provision of this chapter, the penalty for a violation of section 43-33(b) of this Code shall not exceed $1,000.00.

(Ord. No. 2010-908, § 2(Exh. A), 11-17-2010, eff. 1-1-2011)