[Adopted 10-5-1978 by Ord. No. 2335 as §§ 23-10 to 23-24 of the 1978 Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
PRIVATE SWIMMING POOL
Any pool designed, used and maintained for swimming purposes by an individual for use by members of his or her household and guests.
WADING POOL
Any artificially constructed pool, not designed or used for swimming purposes, with a maximum area of 120 square feet and a maximum water depth of 24 inches.
It shall be unlawful to construct or establish a private swimming pool or wading pool (other than a portable wading pool not more than 12 feet in diameter and not more than 19 inches deep) without having obtained a permit therefor in the manner hereinafter prescribed.
A. 
An application for a permit to construct or establish a swimming pool or wading pool shall be made to the Chief Inspector and shall include plans showing the location and dimensions of the property, the location and dimensions of the proposed pool and any other buildings or improvements to be constructed, and the location, height and a description of all existing and proposed fencing and walls on the property.
B. 
The fee for the issuance of a permit, which shall be in addition to any other fee required for construction of any building to be used in connection with the proposed pool, shall be computed as provided for in Chapter 191, Fee Schedule.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The foregoing permit fees are exclusive of any fee required for the construction of accessory buildings to be used in connection with the swimming pool.
D. 
No permit for a private swimming pool or wading pool shall be issued by the Chief Inspector until the plans, specifications and plot plan have been approved by the Health Officer and the City Engineer.
All pools shall be constructed of easily cleanable, waterproof materials, shall be designed and constructed so as to be capable of being maintained and operated in a safe and sanitary condition, and shall be maintained so as to prevent breaks, leaks and overflows onto any other property.
There shall be no connection between a potable public or private water supply system and any private swimming pool at a point below the maximum waterline of the pool, nor to any recirculating or heating system for such pool.
A. 
No water from a private swimming pool shall be discharged onto any public street.
B. 
Water from a private swimming pool may be discharged for use in connection with a lawn sprinkler system or, with the prior approval of the City Engineer, into a storm sewer or natural waterway.
C. 
Water from a private swimming pool may be discharged into a sanitary sewer only with the prior approval of the City Engineer, which approval shall be granted only if there is no feasible alternative system of discharge available.
D. 
No permit for construction or establishment of a private swimming pool shall hereafter be issued unless the provisions for discharging water therefrom, including the place where the water is to be discharged, has first been approved by the City Engineer.
Where water from a private swimming pool is to be discharged into the sanitary sewerage system, the owner of said pool shall pay an annual sewer charge to the City in accordance with the following schedule, with the first such payment to be made before issuance of a permit, and each subsequent annual charge to be paid on or before June 1 of each year:
A. 
For pools reusing or recirculating water: $1.90 per 10,000 gallon of water used.
B. 
For pools not reusing or recirculating water: $7.60 per 10,000 gallon of water used.
All private swimming pools shall be treated with chlorine or its compounds in sufficient quantity so that there will be present in the water at all times when the pool is in use a residual of excess chlorine of not less than 0.40 parts per million of available free chlorine, and so that the pH measurement of the pool water shall be within the range of 7.2 to 8.2.
Not more than 20% of the samples of water taken from any private swimming pool, when more than 20 samples have been examined, and not more than three samples, when less than 20 samples have been examined, shall contain more than 200 bacteria per cubic centimeter or shall show positive test (confirmed) for coliform in any of five ten-cubic centimeter portions of water at times when the pool is in use. For the purpose of this section, any number of samplings of water on a single day shall be considered as one sample. The Board of Health is hereby authorized to take samples to ensure compliance with these requirements.
Locker rooms, bathhouses, cabanas, shower rooms, toilets, runways and all other physical facilities or equipment incident to the operation of any private swimming pool shall be kept in a sanitary condition at all times.
A. 
No private swimming pool or wading pool shall be erected on any premises within any of the following setback distances from the front, side or rear property line of such premises:
(1) 
Residence Districts R-AAA, R-AA, R-A and R-B.[1]
(a) 
Minimum setback from front property line: 50 feet.
(b) 
Minimum setback from side and rear property lines: 20 feet.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Residence District RIB.
(a) 
Minimum setback from front property line: 50 feet.
(b) 
Minimum setback from side and rear property line: 15 feet.
B. 
On a corner lot where the street frontages are such that the shorter frontage is 90% or less of the longer frontage, the lot shall be deemed to front on the street possessing the shorter frontage, and the longer frontage shall be considered the side property line.
All private swimming pools with water more than 18 inches deep shall include fencing as follows:
A. 
If the pool is less than 200 feet distant from the front property line of the property on which it is located, the pool shall be completely enclosed by a fence or wall.
B. 
If the pool is distant 200 feet or more from the front property line, the pool shall either be completely enclosed by a fence or a wall, or a fence or wall shall be provided along all of the side and rear property lines of the property on which the pool is located.
C. 
The height of any required fence or wall shall be as required in applicable provisions of Chapter 250, Land Use.
D. 
Any required fence or wall shall be such as to reasonably prevent persons from gaining access to the pool by passing under, over or through the same, and shall include a self-closing gate or gates which can be locked when the pool is unguarded or unattended.
No artificial lighting shall be maintained or operated in connection with private swimming pools in such a manner as to be a nuisance or an annoyance to neighboring properties, and underwater lighting facilities shall be permitted in any private swimming pool only if the electrical fixtures and installation thereof are approved by and conform to the standards of the Underwriters' Laboratories, Inc., or some other recognized and duly qualified testing laboratory, and have been inspected and approved for that purpose by the Chief Inspector.
Every private swimming pool or wading pool shall at all times comply with the requirements of the Board of Health. Any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with any pool shall be abated and removed by the owner, lessee or occupant of the premises on which the pool is located within 10 days of receipt of notice from the Chief Inspector, City Engineer, or Board of Health of the City.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.