The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Swimming pool.
Every body of water used for swimming purposes and all other bodies of water containing 24 inches or more in depth at any point (measured from the surrounding surface nearest the body of water), except bodies of water located in natural drainageways and bodies of water used for livestock watering.
(1993 Code, sec. 156.01; 2006 Code, sec. 18-161; Ordinance 220 adopted 7/24/84; Ordinance 05-04-650, sec. 2, adopted 4/18/05)
(a) 
Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not to exceed the sum of $2,000.00 for each offense, and each and every day such offense is continued shall constitute a new and separate offense.
(b) 
A person commits an offense if the person violates a permitting requirement, inspection requirement, or closure order issued under section 24.07.041. An offense under section 24.07.041 is a misdemeanor punishable by a fine of not less than $10.00 or more than $200.00. If it is shown at trial that the owner or operator has been previously convicted of an offense under section 24.07.041 within a year prior to the date of the current offense, the owner or operator shall be punished by a fine of not less than $10.00 or more than $1,000.00, confinement in jail for not more than 30 days, or both. Each day of a continuing violation is a separate offense.
(c) 
A person who violates a permitting requirement, inspection requirement, or closure order issued under section 24.07.041 shall be assessed a civil penalty of not less than $10.00 or more than $200.00 for each violation and for each day of a continuing violation. If it is shown at trial that the owner or operator has previously violated section 24.07.041, the owner or operator shall be assessed a civil penalty of not less than $10.00 or more than $1,000.00 for each violation and for each day of a continuing violation.
(1993 Code, sec. 156.99; 2006 Code, sec. 18-168; Ordinance 220 adopted 7/24/84)
(a) 
Every swimming pool located within the corporate limits of the city shall be protected by an enclosure surrounding the pool area to isolate that area from other activities, sufficient to make such pool reasonably inaccessible to neighboring children. Such enclosure shall be a fence, single-family residence, wall or building, not less than four feet in height for multifamily occupancy and not less than four feet in height for single-family residences. The wall of the pool shall not be considered a part of the required enclosure even though the pool wall extends four feet or more above the ground. The required enclosure shall comply with all adopted city codes and any applicable state law.
(b) 
Openings under the pool yard enclosure may not allow a sphere four inches in diameter to pass under the pool yard enclosure.
(c) 
If the pool yard enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is at least 45 inches, the openings may not allow a sphere four inches in diameter to pass through the enclosure.
(d) 
If the pool yard enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the openings may not allow a sphere 1-3/4 inches in diameter to pass through the enclosure.
(e) 
The use of chain-link fencing materials is prohibited entirely for a new pool yard enclosure.
(f) 
The use of diagonal fencing members that are lower than 49 inches above the ground is prohibited for a new pool yard enclosure.
(1993 Code, sec. 156.02; 2006 Code, sec. 18-162; Ordinance 220 adopted 7/24/84; Ordinance 05-04-650, sec. 3, adopted 4/18/05)
(a) 
Swimming pools, water features, and slides located in a single-family residential district, whether underground or above ground, may be located anywhere behind the front building line and shall have a minimum setback of five feet from the pool structure to the property line. Swimming pools may not be located in any area which cannot be fenced in accordance with the city or state pool enclosure regulations.
(b) 
Pool equipment and any decking must have a minimum setback of three feet from the property line.
(c) 
Pools shall be set back from the foundation of the main structure using a 1:1 ratio of the deepest point in the pool unless approved by a registered professional engineer.
(d) 
Any drainage swale adjacent to any property line located in the five-foot setback must be maintained to prevent drainage of any water onto neighboring properties.
(e) 
Swimming pools in a multiple-family residence district shall be subject to approval by the city planning and zoning commission after taking into consideration the location and size of the plot, the site, the detailed plans of said swimming pool and any required accessories, and such other factors as may be required for the health, safety and general welfare of the community. In addition, the city planning and zoning commission may require that any swimming pool, including mechanical equipment, be located at such distance from any property line as to not interfere with the peace, comfort and repose of the occupant of any adjoining building or residence. Any lights illuminating the pool shall be so erected as to eliminate direct rays and minimize reflected rays of light on adjoining premises.
(1993 Code, sec. 156.03; 2006 Code, sec. 18-163; Ordinance 220 adopted 7/24/84; Ordinance 05-04-650, sec. 4, adopted 4/18/05; Ordinance 23-01-1294 adopted 1/17/2023)
(a) 
In single-family occupancies, the pool enclosure may surround any portion of the area behind the front building line of the residence.
(b) 
In multifamily occupancies, the enclosure shall separate the pool from any dwelling unit and shall enclose the pool. The enclosure shall not extend at any point beyond 20 feet from the water’s edge.
(c) 
All gates and doors must open outward from the enclosure and shall be equipped with self-latching and self-closing devices capable of keeping the gates and doors securely closed.
(d) 
All pool enclosures must comply with any adopted city codes or applicable state laws.
(e) 
The post and rails on pool yard enclosures must be on the inside of the fence on any pool yard enclosure which abuts a street right-of-way. On any lot which has an existing fence on the interior lot line the rails may be made non-climbable by installing 30-degree beveled board on the rails.
(1993 Code, sec. 156.04; 2006 Code, sec. 18-164; Ordinance 220 adopted 7/24/84; Ordinance 05-04-650, sec. 5, adopted 4/18/05)
(a) 
All plans submitted to the city for swimming pools to be constructed shall show compliance with the requirements of this article, and final approval of the construction shall be withheld until all requirements of this section have been complied with by the owner, purchaser under contract, lessee, tenant or licensee.
(b) 
Submittals shall include three sets of plans with dimensions, and three copies of a certified survey plat showing the entire pool layout, decking, water features, and equipment location.
(c) 
Detailed building plans of any structure such as a gazebo or patio cover must be submitted under a separate building permit.
(1993 Code, sec. 156.05; 2006 Code, sec. 18-165; Ordinance 220 adopted 7/24/84; Ordinance 05-04-650, sec. 6, adopted 4/18/05)
All swimming pools completed and in existence as of the effective date of the ordinance from which this article is derived shall have until October 1, 1993, to comply with the terms of this article. After the effective date of the ordinance from which this article is derived, it shall be unlawful to construct a swimming pool within the corporate limits of the city without first complying with the terms of this article, and after October 1, 1993, it shall be unlawful to maintain any swimming pool within the corporate limits of the city which is not protected by an enclosure in accordance with the requirements of this article.
(1993 Code, sec. 156.06; 2006 Code, sec. 18-166; Ordinance 220 adopted 7/24/84)
This article shall not apply to bodies of water other than swimming pools (as that term is commonly used) which are owned or controlled by a federal, state, county, city or other governmental agency, subdivision or department thereof.
(1993 Code, sec. 156.07; 2006 Code, sec. 18-167; Ordinance 220 adopted 7/24/84)
(a) 
Definition.
In this section, the term “public/semi-public swimming pool” is defined to mean an artificial body of water, including a spa, maintained expressly for public/semi-public recreational purposes, swimming and similar aquatic sports, or therapeutic purposes.
(b) 
Permit required; expiration; denial.
No public/semi-public swimming pool shall be operated by any owner or operator without an operational permit issued by the city. Each permit shall expire one year from the date of issuance. A permit application may be denied due to the failure to operate and maintain a pool in accordance with applicable laws and regulations.
(c) 
Permit fee.
No operating permit shall be issued for a public/semi-public swimming pool until the applicant has paid the permit fee as provided in the fee schedule as printed in appendix A to this code.
(d) 
Inspections.
The city, at a reasonable time and after proper identification, may inspect a public/semi-public swimming pool, to determine compliance with state law and this article.
(e) 
Closure order.
The city may by order close, for the period specified in the order, a swimming pool if the operation of the pool violates the permitting or inspection requirements of this section.
(1993 Code, sec. 156.25; 2006 Code, sec. 18-191; Ordinance 03-12-597, sec. 1, adopted 12/1/03)
Each separate public/semi-public swimming pool operating within the corporate limits of the city shall pay an annual fee in accordance with the adopted fee schedule in appendix A of this code.
(1993 Code, sec. 156.26; 2006 Code, sec. 18-192; Ordinance 03-12-597, sec. 2, adopted 12/1/03; Ordinance adopting 2015 Code)