(Code 1983, § 5-150; Ord. No. B-315, § 5, 3-24-1983)
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:
A body of water in an artificial or semiartifical receptacle
or other container located outdoors, used or intended to be used for
public, semipublic, or private swimming by adults or children, or
both adults and children, operated and maintained by any person, whether
he is an owner, lessee, operator, licensee or concessionaire, and
shall include swimming pools used or intended to be used solely by
the owner or friends invited to use it without payment of any fee.
(Code 1983, §§ 5-151—5-153; Ord. No. B-315, §§ 1, 2, 3-24-1983)
(a)
Required.
Every outdoor swimming pool in the city shall be enclosed or
completely surrounded by a fence or wall as required in this section.
(b)
Height
and construction.
Outdoor swimming pool fences or walls
shall be not less than four feet in height, which shall be so constructed
as not to have openings, holes or gaps larger than four inches in
any dimension except for doors and gates; and if a picket fence is
erected or maintained, the horizontal spacing between pickets shall
not exceed four inches. A dwelling house, or accessory building, may
be used as part of such enclosure.
(c)
Gates
and doors.
All gates or doors opening through such enclosure
shall be equipped with a self-closing and self-latching device for
keeping the gate or door securely closed at all times when not in
actual use, except that the door of any dwelling or accessory building
which forms a part of the enclosure need not be so equipped.
(Code 1983, § 5-154; Ord. No. B-315, § 3, 3-24-1983)
This article shall be applicable to all new swimming pools hereafter
constructed, other than indoor pools, and shall apply to all existing
pools which have a depth of 18 inches or more of water at any point,
except for deflatable pools and temporary portable pools generally
described as "kiddie pools," which are exempt from the provisions
of this article. No person in possession of land within the city,
whether as owner, purchaser, lessee, or a licensee, upon which is
situated a swimming pool having a depth of 18 inches or more of water
at any point, shall fail to provide and maintain such fence or wall
as herein provided. Any and all fenced swimming pools existing at
the time this article is passed shall be deemed to be in compliance
with this article.
(Code 1983, § 5-155; Ord. No. B-315, § 4, 3-24-1983)
The building board of adjustments and appeals may make modifications
in individual cases, upon a showing of good cause with respect to
the height, nature of location of the fence, wall gates or latches,
or the necessity therefor, provided that the protection as sought
hereunder is not reduced thereby. Said board may permit other protective
devices or structures to be used so long as the degree of protection
afforded by the substitute devices or structures is not less than
the protection afforded by the substitute fence, gates and latch described
herein.
