Every person who owns or is in possession of any premises on which there
is situated a swimming pool or wading pool (herein referred to as a pool)
any portion of which is two feet deep or more shall maintain, on the lot or
premises upon which such body is located and completely surrounding such body
of water, a fence, wall or other structure not less than four feet in height
with no openings, except doors or gates, with an area greater than 50 square
inches, except that a rectangular opening having no horizontal dimensions
exceeding four inches may have a greater area.
Such fence, wall or other structure shall be constructed of such material
and in such manner as to effectively prevent unauthorized access to the pool
by children and other persons.
All gates or doors opening through the fence or structure protecting
the pool shall be equipped with self-closing and self-latching devices not
less than 3 1/2 feet above grade capable of keeping such gate or door securely
closed at all times when not in actual use.
All doors or gates shall be of such size as to completely fill any opening
in the fence or wall. The owner or person in possession of the premises on
which such swimming pool exists shall keep such doors and gates closed and
securely latched at all times when such pool is not in use.
Nothing in this chapter shall apply to pools having sides extending
four feet above grade, provided that the stairs or other means of access to
the pool are effectively closed with a gate, as provided above, which shall
be closed and securely latched at all times when such pool is not in use.
Nothing in this chapter shall apply to portable swimming pools.
The provisions of this chapter shall be in addition to any ordinance
enacted on the subject of swimming pools by the Board of Health of the Township
of Mansfield.
[Amended 5-5-1988 by Ord.
No. 1988-11]
Any person, firm or corporation who violates any of the provisions of
this chapter shall, upon conviction thereof, be subject to a fine not exceeding
$1,000 or to imprisonment in the county jail for a term not exceeding 90 days
or to a period of community service not exceeding 90 days, or to such combination
of punishments as the Municipal Judge may, in his or her discretion, deem
appropriate and just; and each violation of any of the provisions of this
chapter and each day the same is violated shall be deemed to be a separate
and distinct offense.
This chapter shall take effect upon its final adoption and publication
according to law.