This article and the provisions set forth herein shall apply to a swimming pool, herein defined as any structure intended for swimming or recreational bathing that contains water over twenty-four (24) inches deep and a capacity of at least 500 gallons, specifically including in-ground, above-ground and on-ground swimming pools, hot tubs and spas.
(Ordinance 617-A adopted 5/17/12)
For the purpose of this article, the following words and phrases shall have the meanings ascribed to them:
Above-ground/on-ground pool.
See “swimming pool.”
Barrier.
A fence, wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.
Hot tub.
See “swimming pool.”
In-ground pool.
See “swimming pool.” That is situated on the premises of a commercial building, community grounds, or any type of residential dwelling.
Spa, nonportable.
See “swimming pool.”
Spa, portable.
A nonpermanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product.
Swimming pool.
Any structure intended for swimming or recreational bathing that contains water over twenty-four (24) inches deep and a capacity of at least 500 gallons. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas.
Swimming pool, indoor.
A swimming pool which is totally contained within a structure and surrounded on all four sides by walls of said structure.
Swimming pool, outdoor.
Any swimming pool which is not an indoor pool.
(Ordinance 617 adopted 7/–/11; Ordinance 617-A adopted 5/17/12)
(a) 
No person, firm or association shall install, construct, equip, operate or maintain a swimming pool without first having applied for and been issued a valid permit. Permit applications shall be made on a form furnished by the city and shall be accompanied by the appropriate permit fee as set by the city council.
(b) 
All existing pools filled prior to the effective date of this article are required to apply for a permit but are exempt from the permit fees. Existing pools which are not in compliance with this article will have 90 days from the effective date of this article to make necessary repairs or improvements to become compliant.
(c) 
The code enforcement officer may deny, suspend or revoke a permit if the applicant or occupant or owner of the property on which the pool is situated is in violation of any of the terms of this article, if the code enforcement officer determines that the pool is kept or maintained in a condition that presents a risk of danger or injury to persons or property, or if a property owner or occupant fails to allow access to the premises on which the pool is or may be situated for the purposes of inspection.
(d) 
If a permit is denied, revoked or suspended, a new permit application may be made, and the appropriate permit fee paid, or a request to lift the suspension may be made, if the violation or condition that caused the denial, revocation or suspension is corrected.
(e) 
The denial, suspension or revocation of a permit by the code enforcement officer may be appealed to the city council. Action by the city council shall be final and binding.
(Ordinance 617 adopted 7/–/11)
(a) 
For new pool construction the minimum distance from the water’s edge to the side and rear property line of the property on which the pool is situated shall be not less than five (5) feet. The minimum distance from the water’s edge to any part of any structure including its overhang (dwelling or accessory building) shall be not less than five (5) feet as measured laterally.
(b) 
No swimming pool shall be located within the front-yard setback or within a public or private easement.
(Ordinance 636 adopted 2/11/14)
An outdoor swimming pool, including an in-ground, above-ground or on-ground pool, hot tub or spa, shall, prior to being filled with water, be provided and continuously maintained with a barrier, with gates or doors equipped with self-closing and self-latching devices designed to keep and capable of keeping such gates or doors securely closed at all times when not in actual use, which barrier shall comply with the following:
(1) 
The top of the barrier shall be at least 48 inches abovegrade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 4 inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is abovegrade, such as an above-ground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches.
(2) 
Openings in the barrier shall not allow passage of a 4-inch-diameter sphere.
(3) 
Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
(4) 
Access gates shall also comply with the barrier requirements of subsections (1), (2), and (3), and shall be securely locked with a key, combination or other childproof lock sufficient to prevent access to the swimming pool through such gate when the swimming pool is not in use.
(5) 
Pedestrian access gates shall also comply with barrier requirements in subsections (1), (2), and (3) and be self-closing and have a self-latching device.
(6) 
Maximum mesh size for chainlink fences shall be one and one-quarter (1-1/4) inches square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than one and three-quarters (1-3/4) inches.
(7) 
Where a wall of a dwelling serves as part of the barrier for newly constructed pools, all doors with direct access to the pool through that wall shall be equipped with self-closing doors with self-latching devices, and one of the following conditions shall be met for newly constructed pools only:
(A) 
The pool shall be equipped with a powered safety cover which complies with American Society for Testing and Materials F1346 as such exists on the effective date of this article, copies of which shall be kept and maintained in the offices of the city secretary; or
(B) 
All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the doors are opened.
(8) 
Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then:
(A) 
The ladder or steps shall be secured, locked or removed to prevent access at all times when the swimming pool is not in use or when the swimming pool is unsupervised; or
(B) 
The ladder or steps shall be surrounded by a barrier which meets barrier requirements in subsections (1) through (3). When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter sphere.
(9) 
Indoor swimming pool.
All walls surrounding an indoor swimming pool shall comply with the requirements of the foregoing subsection (6).
(10) 
Prohibited locations.
Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.
(11) 
Barrier exceptions.
Spas or hot tubs containing less than 500 gallons of water and which have a safety cover that complies with American Society for Testing and Materials F1346, as such exists on the effective date of this article, copies of which shall be kept and maintained in the offices of the city secretary, shall be exempt from the provisions of this article.
(Ordinance 617 adopted 7/–/11; Ordinance 617-A adopted 5/17/12)
(a) 
It shall be unlawful to maintain any pool which does not meet the barrier requirements of this article or this code.
(b) 
A pool shall be continually kept and maintained in a clean and sanitary condition, free of algae and harmful bacteria. The water clarity of a pool shall be continually maintained so that the bottom surface of the pool is visible.
(c) 
Any person, individual, firm, corporation or association violating any provision of this section or article shall be deemed guilty of a misdemeanor, and shall upon conviction be fined a sum not to exceed one thousand dollars ($1,000.00).
(Ordinance 617 adopted 7/–/11)
(a) 
In addition to any other remedy allowed herein or by other law, in the event that any person, owner or occupant of premises on which a pool is situated fails to comply with the requirements of this article, the city may issue and serve written notice of such as follows:
(1) 
Delivered personally to the owner and occupant in writing;
(2) 
By letter addressed to the owner at the owner’s address as recorded in the appraisal district records of the appraisal district in which the property is located;
(3) 
If personal service cannot be obtained or the owner’s or occupant’s address is unknown:
(A) 
By publication in the city’s official newspaper at least once;
(B) 
By posting the notice on or near the front door of each building on the property to which the violation relates; or
(C) 
By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.
(b) 
If the owner or occupant of the property does not comply with the notice and this article within seven (7) days of notice of the violation given as stated above, the city may, on written request with good cause demonstrated, grant up to twenty-one (21) additional days for correction of the violation, or may:
(1) 
Issue a citation charging such owner or occupant with a violation of this article;
(2) 
Do the work or make the improvements required, including but not limited to draining or filling; and
(3) 
Pay for the work done or improvements made and charge the expenses to the owner of the property.
(c) 
The city may assess expenses incurred under this section against the real estate on which the work is done or improvements made in accordance with this section.
(d) 
To obtain a lien against the property, the code enforcement officer, including any other designated city official, must file a statement of expenses with the county clerk. The statement of expenses must identify the name of the owner, if known, and the legal description of the property.
(e) 
The lien obtained by the city is security for the expenditures made and interest accruing at the rate of ten (10%) percent per annum on the amount due from the date of payment by the city for the work done or improvements made. The lien is inferior only to tax liens and liens for street improvements.
(f) 
The city may authorize a suit for foreclosure in the name of the city to recover the expenditures and interest due. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work or making the improvements.
(g) 
The remedy provided in this section is in addition to any fine which may be imposed for a violation of this article and is cumulative of and in addition to any other remedies which may be provided for by this code or other law, whether civil or criminal.
(Ordinance 617 adopted 7/–/11)