HomeMy WebLinkAboutOrd 475-2009 Regarding Design and Maintenance of Toliet Rooms and Bathrooms.pdfCITY OF ANNA, TEXAS
ORDINANCE NO.475-2009
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART 11, ARTICLE 8, SECTION 1.34,
REGARDING DESIGN AND MAINTENANCE OF TOILET ROOMS AND
BATHROOMS; BY AMENDING PART 11, ARTICLE 8, SECTION 2.02 DEFINITIONS;
PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT
TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND
REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules and regulations governing Toilet Rooms and Bathrooms as defined in the
City's Property Maintenance Code; and
WHEREAS, the City of Anna, Texas City Council has investigated and determined
that it would be advantageous and beneficial to the City and its citizens to protect the
public health, safety and welfare to amend Part 11, Article 8, Section 1.34 of The
Anna City Code of Ordinances ("Anna Code") by adding additional design standards
and maintenance requirements for Toilet Rooms and Bathrooms shared by the
public;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporatedherein as if setforthfor all
purposes.
Section 2. Amendment to Anna Code, Part 11, Article 8, Section 1.34.
In accordance with Part II, Article 1, Section 9 of the Anna Code, the following
amendment is made to Part 11, Article 8, Section 1.34:
(a) Privacy. Toilet Rooms and Bathrooms shall provide privacy and
shall not constitute the only passageway to a hall or other space,
or to the exterior. A door and interior locking device shall be
provided for all common or shared Bathrooms and Toilet Rooms
located on or in a Public Accommodation, Apartment Complex or
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(b) Location. Toilet Rooms and Bathrooms serving inns, motel, hotel
units, Rooming Units, dormitory units or Housekeeping Units shall
have access by traversing not more than one flight of stairs and
shall have access from a common hall or passageway.
(c) Location of employee toilet facilities. Toilet facilities shall have
access from within the employees' working area. The required
toilet facilities shall be located not more than one story above or
below the employees' working area and the path of travel to such
facilities shall not exceed a distance of 500 feet (152 m).
Employee facilities shall either be separate facilities or combined
employee and public facilities.
Exception: Facilities that are required for employees in storage
Structures or kiosks, which are located in adjacent Structures
under the same ownership, lease or control, shall not exceed a
travel distance of 500 feet (152 m) from the employees' regular
working area to the facilities.
(d) Floor surface. In other than Dwelling Units, every Toilet Room
floor shall be maintained to be a smooth, hard, nonabsorbent
surface to permit such floor to be easily kept in a clean and
sanitary condition.
(e) Design Standards. All Toilet Rooms and Bathrooms located in or
on Public Accommodations, Apartment Complexes, or Apartment
Buildings shall have installed to surround each toilet a toilet stall
consisting of a combination of partitions and vertical supports
(collectively referenced below as "toilet -stall components"). Each
Toilet stall shall be configured to provide adequate privacy. The
material of any toilet -stall component shall be opaque such that it
is not in any manner transparent or translucent and shall have a
smooth, hard, nonabsorbent surface to permit such materials to
be easily kept in a clean and sanitary condition.
Maintenance. All Toilet Rooms and Bathrooms located in or on
Public Accommodations, Apartment Complexes, or Apartment
Buildings shall be maintained in a sanitary condition and all
materials used as toilet -stall components shall have no new or
aftermarket perforations, holes, openings or damage that would
permit viewing or the passage of matter into or out of a toilet stall
through said materials.
(g) It shall be an offense for any owner, operator or manager of a
premises to which this Section 1.34 applies to fail to construct
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accordance with the standards and requirements set forth in said
section . Each day that a condition exists that is a violation of said
section is a separate offense.
(h) The standards and requirements set forth in this Section 1.34 are
not intended to make any applicable federal or state law,
standard, or restriction —including but not limited to the
Americans with Disabilities Act —any less restrictive. To the
extent that a standard or requirement in this section conflicts with
an applicable federal or state law, the federal or state law shall
take precedence to the extent of such conflict unless the
standard or restriction in this section fulfills such applicable
federal and state law, and is more restrictive than same without
interfering with the purpose of same.
Section 3. Amendment to Anna Code, Part 11, Article 8, Section 2.02.
In accordance with Part 11, Article 1, Section 9 of the Anna Code, the following
amendment is made to Part 11, Article 8, Section 2.02, Definitions, to correct a
scrivener's error so that the provision defining "Public" is corrected to define "Public
Way" and to add to said Section 2.02 the following definitions:
Apartment Building means any Structure containing three or more
Dwelling Units used as a home, residence or sleeping place by one
Person, or more than one Person maintaining a common household, to
the exclusion of others, under a lease or rental contract or arrangement
with one or more Owners of the Structure.
Apartment Complex means an Apartment Building or more than one
adjacent Apartment Buildings, which are under common Ownership and
management.
Public Accommodation means any premises, Structure, building, room,
or facility that is privately owned and operated for profit and that is
generally accessible to the public regardless of whether payment is
required for the public to gain access and includes, but is not limited to
the following:
(a) an inn, hotel, motel, or other place of lodging, except for an
establishment located within a building that contains not more
than five rooms for rent or hire and that is actually occupied by
the proprietor of such establishment as the residence of such
proprietor;
a restaurant, bar, or other establishment serving food or
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(c) a motion picture house, theater, concert hall, stadium, or other
place of exhibition entertainment;
(d) an auditorium, convention center, lecture hall, stadium, or other
place of public gathering;
(e) a bakery, grocery store, clothing store, hardware store, shopping
center, or other sales or rental establishment;
(f) a laundromat, dry-cleaner, bank, barber shop, beauty shop,
travel service, shoe repair service, funeral parlor, gas station,
truck stop, office of an accountant or lawyer, pharmacy,
insurance office, professional office of a health care provider,
hospital, or other service establishment;
(g) a terminal, depot, or other station used for speced public
transportation;
(h) a museum, library, gallery, or other place of public display •
collection;
(i) a park, zoo, amusement park, or other place of recreation;
a nursery, elementary, secondary, undergraduate, or
postgraduate private school, or other place of education;
(k) a day care center, senior citizen center, homeless shelter, food
bank, adoption agency, or other social service center
establishment; and
(1) a gymnasium, health spa, bowling alley, golf course, or other
♦. of exercise or recreation.
Section 4. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
any such violation shall be fined in an amount not to exceed $2,000 for each incidence
of violation. Each violation is considered a separate offense and will be punished
separately. Each day that a condition exists that is a violation of this section is a
separate offense.
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All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
PASSED by the City Council of the City of Anna, Texas, this 27th day of October, 2009.
ATTESTED: APPROVED:
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