Every person who owns or is in possession of any premises on
which there is situated a swimming pool, fish pond, wading pool or
any other outside body of water created by artificial means, designed
or used for swimming or other immersion purposes by men, women or
children, any portion of which is two feet deep or more, and the surface
area of the water in which does not exceed ten thousand square feet,
shall maintain on the lot or premises upon which such swimming pool,
fish pond, wading pool or other artificial body of water is located,
and completely surrounding such body of water, lot or premises, a
fence, wall or other structure not less than five feet in height with
no openings, except doors or gates, with an area greater than fifty
square inches; except, that a rectangular opening having no horizontal
dimension exceeding four inches may have a greater area.
This section does not apply to portable swimming pools which
are so designed that the water in them can at no time exceed two feet
in depth, but does apply to all other portable swimming pools.
(Prior code § 25-1)
Construction of the fence, wall or other structure required by Section 8.24.010 shall be according to the following specifications:
A.
Wood
Fences. Wood fences shall have posts not less than three inches by
three inches, spaced not over ten feet on centers and embedded at
least eighteen inches into the ground. Posts, other than redwood,
shall be treated with a preservative. Fencing shall be at least one-half
inch in thickness and fastened securely to at least two rails not
less than two inches by three inches in cross section;
B.
Wire
Fences. Wire fences shall be constructed of wire mesh of not less
than eleven gauge galvanized steel wire supported on one and one-fourth
inch diameter galvanized pipe spaced not over ten feet on centers.
Posts shall be embedded at least twelve inches into concrete fill-in
holes not less than six inches in diameter and eighteen inches in
depth;
C.
Masonry
Fences. Masonry fences shall be supported on a foundation of concrete
extending at least twelve inches below grade, at least twelve inches
in width and at least six inches in thickness. Wall steel, which required,
shall be embedded sixteen inches into the footing;
D.
Approved
Alternate. If the city engineer finds that any other type of construction
has resulted in, or will result in a fence in all respects the equivalent
in strength and durability to a fence constructed as provided in this
section, such type of construction may be used;
(Prior code § 25-2)
A.
All
gates or doors opening through a fence or structure protecting a swimming
pool, required by this chapter, shall be equipped with self-closing
and self-latching devices not less than four feet above grade, capable
of keeping such gate or door securely closed at all times when not
in actual use.
B.
All
doors or gates shall be of such size as to completely fill any opening
in the fence or wall. The owner or person in possession of the premises
on which such swimming pool exists shall keep such doors and gates
closed and securely latched at all times when such swimming pool is
not in use.
(Prior code § 25-3)
In lieu of maintaining a fence as required by Section 8.24.010, such persons may provide a competent person who shall keep the pool under observation at all times while water is kept in the pool. In the event the pool is not under the observation of a competent person, a pool cover or other protective device approved by the city engineer may be used.
(Prior code § 25-4)
Every person making, maintaining or using any oil well sump,
every person making, maintaining or using any other man-made excavation,
three feet or more in depth, and every person owning or having possession
of any premises on which such excavation exists shall either cover
such excavation or erect and maintain around such excavation, at all
places if an oil sump, and in other cases at all places where the
slope is steeper than one foot vertical to two feet horizontal if
not under water, or one foot vertical to four feet horizontal if under
water, a fence not less than five feet high, mounted on steel posts,
with not less than three strands of barbed wire mounted at a forty-five
degree angle from the top of the fence.
(Prior code § 25-5)
The fence required by Section 8.24.050 shall be constructed of chain link or other industrial type fencing of not less than nine gauge wire and of not greater than two inch mesh. The posts supporting such fence shall be set thirty-six inches in a concrete base and shall be spaced approximately ten feet apart. Tension wires of at least No. 9 gauge coil spring wire or equivalent shall be stretched at the top and bottom of the fence fabric and fastened to the fabric at twenty-four inch intervals. Gates shall be of a structure substantially the same as the required fence and shall be kept locked when not attended by an adult. There shall be no apertures below the fence large enough to permit any child to crawl under such fence.
(Prior code § 25-6)
A.
An oil
sump constantly and immediately attended while drilling operations
are continuously proceeding;
B.
An excavation
covered by Sections 24400, 24401 or 24402 of the Health and Safety
Code of the state;
C.
An excavation
more than one-quarter mile from the nearest highway and within one-half
mile of which excavation there are less than twenty residences;
D.
An excavation
for the installation of a public utility, if not abandoned;
E.
An excavation
in connection with the construction of a private residence, if not
abandoned;
F.
A swimming pool, fish pond, wading pool or other outside body of water created by artificial means, designed or used for swimming or other immersion purposes by men, women or children, if it is protected as required by Section 8.24.010;
G.
An excavation
not more than one-half mile in length which becomes a portion of a
natural watercourse;
H.
Portable
swimming pools.
(Prior code § 25-7)
A.
Whenever any body of water, whether natural, man-made or partially natural and partially man-made, is a hazard to children because of its size, depth, vegetable growth therein, nature of soil or for any other reason, and the city council so finds, within ten days after such finding every person owning or in possession of any premises on which the whole of such body of water exists shall erect and thereafter continuously maintain, completely around such body of water, a fence which shall comply with Sections 8.24.020 or 8.24.060.
B.
If such
a body of water occupies more than one premises, the owner or person
in possession of each such premises, within such ten days, shall erect
that portion of the fence on his premises so that there will be, completely
around such body of water, a fence which shall comply with this section.
(Prior code § 25-8)
All gates in any fences erected pursuant to this chapter shall
be kept locked when not attended by an adult.
(Prior code § 25-9)
Whenever there is located upon a lot or parcel an unattended,
undrained swimming pool and such premises are vacated or unoccupied,
such unattended, undrained, swimming pool is a public nuisance and
shall be immediately drained by the person in possession of such land,
either as owner, purchaser, lessee, tenant, licensee or otherwise.
(Prior code § 25-12)
A.
Where Article 9 of Chapter 1 of Division 1 of Title 5 of the Government Code of the state applies, the city council shall proceed as provided in such article. In all other cases, whenever any person in possession of such land, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, fails or refuses to comply with the provisions of this chapter, the public works director may, after giving five days' written notice as hereinafter described, enter upon private property to abate the nuisance by draining the swimming pool or take other necessary action to insure compliance with the provisions of this chapter. The public works director shall give the owner, purchaser under contract, lessee, tenant, licensee or person in possession of such land, written notice of his intention to abate such nuisance by mailing such notice by certified mail to the owner of such land according to the tax assessment records at least five days before taking such action. Such written notice shall describe the nuisance, require the owner to comply with this chapter within five days of the date of the notice and provide that unless such action is taken by the owner, the nuisance will be abated by the city and the cost of such abatement assessed upon such land until paid. The notice shall state the time and place when the public works director will do the work of abatement and request that the owner or his representative be present at such time and place. The public works director shall keep an account of the cost of abatement on each separate parcel of land where the work is done by him or her and shall send a copy of such account to the property owner of each parcel of land and shall submit to the city council for confirmation an itemized report showing such cost.
B.
A copy
of the report shall be posted, for at least three days prior to its
submission to the city council, on or near the chamber door of the
city council with a notice of the time of submission. At the time
fixed for receiving and considering the report, the city council shall
hear with it any objections of the property owners liable to be assessed
for the abatement. It may modify the report if it deems necessary.
The city council shall then confirm the report by motion or resolution
and its decision shall be final.
C.
The
cost of abatement upon each parcel of land constitutes a special assessment
against that parcel. After the assessment is made and confirmed, it
is a lien on the parcel. Such lien attaches upon recordation, in the
office of the county recorder, of a certified copy of the resolution
of confirmation.
D.
After
confirmation of the report, a copy shall be given to the assessor
and tax collector who shall add the amount of the assessment to the
next regular tax bill levied against the parcel for municipal purposes.
A certified copy of the report shall be filed with the county auditor
on or before August 10th of each year. The county auditor shall enter
each assessment on the county tax roll opposite the parcel of land.
E.
The
amount of the assessment shall be collected at the time and in the
manner of ordinary municipal taxes. If delinquent, the amount is subject
to the same penalties and procedure of foreclosure and sale provided
for ordinary municipal taxes.
F.
As an
alternative method, the county tax collector may collect the assessments
without reference to the general taxes by issuing separate bills and
receipts for the assessments.
G.
The
director of public works may receive the amount due on the abatement
cost and issue receipts at any time after the confirmation of the
report and until ten days before a copy is given to the assessor and
tax collector or until August 1st of each year following confirmation
of the report.
(Prior code § 25-13)
