ORDINANCE #85-545
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CITY OF HOPKINS
Hennep1n County, M1nnesota
Ord1nance No. 85- 545
AN ORDINANCE PERTAINING TO THE LICENSING AND
REGULATING OF SWIMMING POOLS AND
SPECIAL PURPOSE POOLS IN THE CITY OF HOPKINS
BE IT ORDAINED by the C1ty Counc11 of the CIty of Hopk1ns
that Ord1nance 82-503 1S repealed and there 1S hereby enacted and
adopted 10 place thereof the follow1ng:
Sect10n I. DEFINITIONS. The follow1ng def1n1t10ns shall
apply 1n the 1nterpretat10n and enforcement 1n th1S Ord1nance and
the follow1ng words and terms wherever they apply are def1ned as
follows:
a. HEALTH AUTHORITY shall mean the duly app01nted health
off1c1als of the C1ty of Hopk1ns.
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b. HEALTH DEPARTMENT, HEALTH OFFICER, STATE BOARD OF HEALTH OR
BOARD, used at any place 1n th1S Ord1nance and 1n the
requ1rements adopted by reference shall mean the Health
Authority of Hopk1ns.
c. PERSON shall mean any 1nd1v1dual, natural person, f1rm,
corporat1on, assoc1at10n, organ1zat1on, partnersh1p,
bUS1ness 10St1tUt100, agency or any federal, state or local
government agency or 1nstrumental1 ty or other entl ty
recogn1zed by laws as the sUbJect of r1ghts and dut1es and
shall 1nclude, but not be 11m1ted to, employees, 11censees,
tenants, caretakers, lessees, managers and operators of
sWImmIng pools.
d. SWIMMING POOL shall mean any structure, bas1n, chamber or
tank conta1n1ng an art1f1cal body of water for sW1mmlng,
d1v1ng, relaxat10n or recreatIonal bath1ng.
e. SPECIAL PURPOSE POOL shall mean any structure, bas1n, vessel
or tank conta1n1ng an art1f1cal body of heated water for
1mmers10n, relaxat1on, water therapy, wh1rlpool, spa, cold
plunge, therapy or treatment.
f. PRIVATE RESIDENTIAL SWIMMING POOL OR SPECIAL PURPOSE POOL
shall mean any sW1mm1ng pool or spec1al purpose pool located
on pr1vate property under the control of the homeowner, the
use of Wh1Ch 1S 11m1ted to usage by members of h1S fam1ly or
the1r 1nv1ted guests.
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g. PUBLIC SWIMMING POOL shall mean any pool other than a
prIvate res1dent1al pool, intended to be used by numbers of
persons and operated by an owner, lessee, operator,
11censee, or concess1ona1re, regardIng of whether a fee 1S
charged for such use.
h. PUBLIC SPECIAL PURPOSE POOL such mean any spec1al purpose
pool other than a prIvate res1dent1al spec1al purpose pool
1ntended to be used by numbers of persons and operated by an
owner, lessee, operator, 11censee or conceSS10na1re
regardless of whether a fee 1S charged for such use.
1. PRIVATE SPECIAL PURPOSE POOL means any sW1mm1ng pool located
on pr1vate property under the control of the homeowner, the
use of Wh1Ch 1S 11m1ted to use by members of h1S fam1ly or
theIr 1nv1ted guests.
Sect10n II. LICENSE REQUIRED. No person shall own,
operate, ma1ntain, lease, or be responsible for any publ1C sW1mm10g
pool or spec1al purpose pool unless a 11cense therefor 1ssued
pursuant to th1S OrdInance shall have been obta1ned from the C1ty
of Hopk1ns. Wherever more than one such pool 1S located upon any
property, a separate llcense shall be obta1ned for each.
Sect10n III. LICENSE FEE. The llcense fee for each publ1C
sW1mmIng pool or spec1al purpose pool shall be 1n the amount Wh1Ch
the C1ty Counc11 shall from t1me to tIme establ1sh by proper
Resolut10n or Ord1nance.
Sect10n IV. LICENSE EXPIRATION AND RENEWAL. L1censes
1ssued pursuant to th1S Ord1nance shall exp1re on the 3lst day of
December of each year. L1cense renewal appl1cat1ons shall be f1led
w1th the C1ty Clerk pr10r to January I of each year.
SectIon V. LICENSE APPLICATION, ISSUANCE, MAINTENANCE AND
ADMINISTRATION. All appl1cat10ns for 11censes shall be made on
forms furnlBhed by the C1ty Manager and shall set forth such
1nformat10n as the C1ty shall from t1me to t1me requ1re.
Sect10n VI. RULES AND REGULATIONS PERTAINING TO
CONSTRUCTION, CARE AND OPERATION OF PUBLIC SWIMMING POOLS AND
PUBLIC SPECIAL PURPOSE POOLS. All publ1C sW1mm1ng pools and publ1C
spec1al purpose pools as def1ned 1n th1S Ord1nance shall be
operated, governed and regulated by all of the prov1s10ns and all
regulat10ns establ1shed and 1ssued by the M1nnesota State Board of
Health as contaIned In Its Regulat10n MHD 4717, all of which
prov1s10ns of sa1d Regulatlon MHD 4717 are hereby enacted and
adopted as a part of th1S Ord1nance by reference Wh1Ch prov1s1ons
shall have the same force and effect as though all of such
regulat10ns were here1n set forth verbat1m. Two cop1es of the
M1nnesota State Board of Health Regulat10ns MHD 4717 shall be on
f1le for publ1C 1nspect1on at the off1ce of the Hopk1ns C1ty
Manager and of the C1ty Clerk. In addit10n to all other ord1nances
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as here1nabove set forth, such pools shall also be regulated,
governed and controlled by any and all other OrdInances and
RegulatIons enacted or adopted by the C1ty of Hopk1ns, WhICh may be
passed and adopted by the C1ty Counc11.
SectIon VII. INSPECTION OF PUBLIC SWIMMING POOLS AND
PUBLIC SPECIAL PURPOSE POOLS. The Health Author1ty desIgnated by
the CIty or the State of MInnesota shall Inspect every such pool
as frequently as may be necessary or des1rable to 1nsure compl1ance
w1th the prov1s10nS of th1S Ord1nance and Regulat10ns 1ssued
thereunder.
Sect10n VIII. REVOCATION OF LICENSE. Any 11cense Issued
under th1S Ord1nance may be revoked by the C1ty Counc11 for a
v10lat10n of any prov1s1on of th1S Ord1nance or of any rule or
rules Issued and adopted thereunder.
Sect10n IX. PENALTY. Any person v10lat1ng any prov1s10n
of th1S OrdInance shall be gUIlty of a m1sdemeanor.
F1rst read at a regular meet1ng of the Counc11 of the C1ty
of Hopk1ns held on February 5, 1985 and f1nally read, approved,
adopted and ordered publ1shed at a regular meet1ng of sa1d CounC11
of sa1d C1ty on March 5, 1985 . U .l
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t I 11Jf; ~~J/ Vv
Ro~ert F. Mlller
Mayor
J. Scott Renne
C1ty Clerk
Jerre A. Miller
C1ty Attorney