The purpose of this chapter is to require owners of property having swimming pools, fish ponds, or other bodies of water which constitute or may constitute a danger to small children to fence or otherwise enclose the body of water so as to make the body of water inaccessible to small children.
[HISTORY: Adopted by the Mayor and Council of the Town of Chesapeake City 11-8-1976 as Art. 4 of the 1976 Code. Amendments noted where applicable.]
Every owner of real property on which is situated a swimming pool, fish pond, or other body of water containing 12 inches or more of water in depth at any point shall erect and maintain a fence or other enclosure either surrounding the property or surrounding the pool, pond, or other body of water.
The top of the fence or other enclosure, including gates, shall not be less than four feet above the underlying ground. Each gate shall have a latch placed not less than four feet above the underlying ground.
As used in this chapter, the following terms shall have the meanings indicated:
Includes pools, fountains, decorative ponds, and all other bodies of water of every kind and description except natural streams, runs, or creeks, and the Chesapeake and Delaware Canal.
Any person, firm, or corporation having an ownership in real property and any person, firm, or corporation in possession of real property as a tenant, lessee, or occupant.
An in-ground pool or an aboveground pool of every type and description having a depth of 12 inches or more of water at any point.
Other enclosures which are acceptable substitutes for fences include natural barriers, hedges, pool covers, or other protective devices provided the degree of protection afforded by the substituted enclosure is not less than the protection afforded by a fence with gate and latch as specified above. An aboveground pool having sides not less than four feet high that has removable ladders shall not be required to have any other enclosure provided the ladders and other means of access to the water in the pool are removed when the pool is not being used.
The following shall constitute a violation of this chapter:
[Amended 5-22-2023 by Ord. No. 2023-003]
The violation of this chapter is hereby made a misdemeanor, and any person who violates this chapter, either by act or omission, upon conviction by the District Court for Cecil County, shall be punished by a fine not exceeding $100 or imprisonment for not exceeding 30 days, or both, in the discretion of the Court.