Fence.
A barrier or screening device constructed from approved materials located within a property or along a property boundary line.
Swimming pool.
Any structure intended for swimming or recreational bathing that contains water over twenty-four (24) inches deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas.
(Ordinance 07-118, sec. I, adopted 6/12/07)
Any person or entity found violating any provision of this article shall be deemed to be guilty of a misdemeanor and upon conviction shall be fined in an amount not in excess of $2,000.00; each violation of this article shall be deemed a separate offense and each day the violation continues shall be deemed a separate offense.
(Ordinance 07-118, sec. VIII, adopted 6/12/07)
A building permit shall be required for construction of swimming pools within the city limits. Plans for each swimming pool shall show compliance with this article and final inspection of such swimming pool shall be withheld until compliance with the requirements of this article has been obtained.
(Ordinance 07-118, sec. V, adopted 6/12/07)
(a) 
An “existing swimming pool” shall be any swimming pool which exists on or before the effective date of this article.
(b) 
All existing swimming pools shall have a fence which secures the perimeter of the swimming pool. The fence shall be composed of materials that will prohibit the entrance of individuals, animals, and/or foreign objects into the fenced area unless the entrance is gained through a properly secured gate.
(c) 
All fences surrounding existing swimming pools shall have all gates and/or other means of entrance properly secured with a self-latching mechanism that will allow the gate to close automatically and/or without the assistance of an individual.
(Ordinance 07-118, sec. II, adopted 6/12/07)
(a) 
All outdoor swimming pools shall be provided with a barrier fence.
(b) 
The top of the barrier fence shall be at least forty-eight (48) inches above grade, measured on the side of the fence which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the fence shall be two (2) inches, measured on the side of the fence which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above-ground pool, the fence may be constructed at ground level or mounted on the top of the pool structure. Where the fence is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the fence shall be four (4) inches.
(c) 
Openings in the fence shall not allow passage of a four-inch-diameter sphere.
(d) 
Solid fences which do not have openings, such as masonry or stone walls, shall not contain indentations or protrusions, except for normal construction tolerances and tooled masonry joints.
(e) 
Where the fence is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than forty-five (45) inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed one and three-quarters (1-3/4) inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-quarters (1-3/4) inches in width.
(f) 
Where the fence is composed of horizontal and vertical members and the distance between the tops of the horizontal members is forty-five (45) inches or more, the spacing between vertical members shall not exceed four (4) inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-quarters (1-3/4) inches in width.
(g) 
Maximum mesh size for chain-link 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.
(h) 
Where the fence is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than one and three-quarters (1-3/4) inches.
(i) 
Access gates shall comply with the same requirements as the fence and shall be equipped with a locking device. Access gates shall open outward, away from the pool, and shall be self-closing and have a self-latching device. Where the release mechanism of the self-latching device is located less than fifty-four (54) inches from the bottom of the gate, the release mechanism and opening shall comply with the following:
(1) 
The release mechanism shall be located on the pool side of the gate, at least three (3) inches below the top of the gate; and
(2) 
The gate and fence shall have no opening greater than one-half (1/2) inch within eighteen (18) inches of the release mechanism.
(j) 
Where a wall of a dwelling serves as part of the barrier, one of the following conditions shall be met:
(1) 
All doors with direct access to the pool through the wall shall be equipped with an alarm that produces an audible warning when the door and its screen, if present, are opened. The audible warning shall commence not more than seven (7) seconds after the door and door screen, if present, are opened, and shall sound continuously for a minimum of thirty (30) seconds. The alarm shall have a minimum sound pressure rating of eighty-five (85) dB(A) at ten (10) feet and the sound of the alarm shall be distinctive from household sounds such as smoke alarms, telephones and doorbells. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touch pad or switch, to deactivate temporarily the alarm for a single opening. Such deactivation shall last for not more than fifteen (15) seconds. The deactivation switches shall be located at least fifty-four (54) inches above the threshold of the door; or
(2) 
All doors with direct access to the pool through the wall shall be equipped with a self-closing and self-latching device with a release mechanism located a minimum of fifty-four (54) inches above the floor. Swinging doors shall open away from the pool area.
(k) 
Where an above-ground pool structure is used as a barrier or if the fence is mounted on the top of the pool structure, and the means of access is a ladder or steps:
(1) 
The ladder or steps shall be capable of being secured, locked or removed to prevent access; or
(2) 
The ladder or steps shall be surrounded by a barrier fence which meets all the above requirements for fences and access gates. When the ladder or steps are secured, locked or removed, an opening created shall not allow the passage of a four-inch-diameter sphere.
(l) 
Swimming pool fences shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the fence.
(Ordinance 07-118, sec. III, adopted 6/12/07)
(a) 
All swimming pool fences shall be maintained in good condition, free of loose, missing or broken boards or components, and not leaning to the point the top is one (1) foot or more off plumb from the bottom.
(b) 
In the event that it is determined by the city that a swimming pool fence is in need of repair, the home owner or owners shall be informed by letter that the fence requires repair and that ten (10) days shall be allowed from the date of the letter to accomplish the necessary repairs. The city administrator is authorized to grant extensions to the ten (10) days for circumstances beyond the homeowner’s control; however, the extension shall not exceed sixty (60) days.
(c) 
If the fence remains unrepaired after the time allowed by the city, a citation for violation of this article shall be issued to the responsible home owner or owners, and the city shall take action to get the fence repaired and send the bill to the home owner or owners. If the bill is not paid within thirty (30) days, a lien shall be placed on the property, which will accrue interest at the rate of ten percent (10%) per year until the debt is settled.
(Ordinance 07-118, sec. IV, adopted 6/12/07)