It is determined and declared that the maintenance of private swimming pools without appropriate precautionary measures constitutes a hazard to the safety of the inhabitants of the City, particularly children.
(Ord. 1430 § 1, 1979)
A. 
Every person, firm, or corporation in possession of land within the City, either as an owner, purchaser under contract, lessee, tenant, or licensee, in which there is situated an excavated or portable swimming pool containing or capable of containing water 18 inches or more in depth at a point, shall erect and maintain on the lot or premises upon which such pool is located an adequate physical barrier sufficient to make such pool inaccessible to unsupervised small children.
B. 
Such physical barrier shall completely surround such pool and shall extend not less than four feet above the adjacent ground level; provided, however, that a dwelling house or accessory building may be used as part of such enclosure.
C. 
Such physical barrier shall be constructed in such a way as to prevent access under the lower edge by small children.
D. 
All access ways, gates or doors through such enclosure, except the door of any dwelling occupied by human beings and forming any part of the enclosure required by this section, shall be self-closing and equipped with a self-latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use. No such enclosing wall or fence shall be constructed nearer than five feet to the outer walls of the pool.
(Ord. 1430 § 2, 1979)
A. 
The primary method for enforcement of this chapter shall be by discovery or the filing of a complaint with the City.
B. 
The provisions of this chapter shall not apply to swimming pools which are owned, operated, and maintained by a legally constituted public jurisdiction.
C. 
All new swimming pools erected after the adoption of this chapter shall meet the conditions set forth in this chapter.
D. 
Any person, firm, or corporation in possession of land within the City, either as an owner, purchaser under contract, lessee, tenant, or licensee, in which there is situated an excavated or portable swimming pool, shall erect some sort of fencing within 60 days of adoption of this chapter and be in full compliance with the requirements contained in this chapter by May 1, 1980.
(Ord. 1430 § 3, 1979)
A. 
The City Public Works Director may allow slight or minor modifications for good cause shown in individual cases with respect to nature or location of fences, walls, gates, or latches, or the necessity therefor, provided the degree of protection is not reduced thereby.
B. 
The Public Works Director, upon application of a person, firm, or corporation may grant an extension of time for compliance in individual cases upon showing of good cause. Such extension of time shall not exceed 30 days.
(Ord. 1430 § 4, 1979)
Any person, firm, or corporation found in violation of the terms of this chapter, and upon conviction, shall be punished by a fine of not more than $100. Any person, firm, or corporation continuing, committing, or permitting any violation of this chapter for more than one week shall be deemed guilty of a separate offense for each week of violation.
(Ord. 1430 § 6, 1979)