The term “swimming pool,” as used herein, shall
mean a body of water in an artificial or semi-artificial receptacle
or other container located outdoors, used or intended to be used for
public, semi-public, or private swimming by adults or children, or
both adults and children, operated and maintained by any person, whether
he be an owner, lessee, operator, licensee or concessionaire, and
shall include swimming pools used or intended to be used without payment
of any fee.
(2005 Code, sec. 15.1.55)
Every outdoor swimming pool shall be completely surrounded by
a fence or wall not less than four (4) feet in height, which shall
be so constructed as not to have openings, holes, or gaps larger than
four (4) 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 (4) inches. A dwelling house or accessory
building may be used as part of such enclosure.
(2005 Code, sec. 15.1.51)
Any gate or door opening through a pool 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.
(2005 Code, sec. 15.1.52)
The requirements of this division 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. No person in possession of land within
the city, whether as owner, purchaser, lessee, tenant, 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 fences or wall as herein provided.
(2005 Code, sec. 15.1.53)
The development board of appeals may make modifications in individual
cases, upon a showing of good cause with respect to the height, nature
or location of fences, wall gates or latches, or the necessity therefor,
provided 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.
(2005 Code, sec. 15.1.54)
