[Added by Ord. 105; amended by Ord. 403]
Every person in possession of land within the City of Lakewood, either as owner, purchaser under contract or otherwise, fee holder, lessee, tenant or licensee upon which is situated a swimming pool, fish pond, or other body of water, which contains water eighteen inches or more in depth at any point, either above or below ground level, said pool, pond or water, hereinafter referred to for the purpose of simplicity as "pool", shall at all times erect and maintain on said land, premises or lot upon which said pool is located, and completely surrounding such pool or such lot, land or premises containing said pool, a fence or other solid structure not less than five feet in height above the underlying ground, with no openings therein (other than doors or gates as hereinafter provided) larger than fifty square inches, except that a rectangular opening having no horizontal dimension exceeding four inches may have a greater area. In addition to the foregoing, the following rules and regulations shall apply and no permit shall be issued in violation thereof and all such persons shall maintain said lot or premises at all times in accordance with:
A. 
Wood fences shall be constructed of redwood or pressure treated posts not less than three inches by three inches, set not more than ten feet apart, imbedded at least eighteen inches in the ground. Vertical boards at least one-half inch thick shall be fastened securely to not less than two horizontal rails at least two inches by three inches in dimension. Wire fences shall consist of galvanized wire mesh, minimum eleven gauge, with galvanized pipe posts of at least one and one-quarter inches diameter based not more than ten feet apart. Posts shall be set not less than twelve inches in concrete, in post holes six inches in diameter and eighteen inches deep. Masonry fences shall have a concrete footing at least twelve inches wide and six inches thick with the bottom not less than twelve inches below ground surface. Any wall re-enforcing steel shall be imbedded in the footing.
B. 
All gates or door openings through such enclosures shall meet the fence requirements for height and durability. Said gates or doors shall be equipped at all times with fully operating self-closing and self-latching devices placed at least four and one-half feet above the underlying ground or otherwise made inaccessible from the outside to small children.
C. 
Gate and door closers shall have adequate capacity and strength to readily and automatically close the door or gate and engage the latch after each time or purpose of operation. The device may be gravity or spring loaded. Any mechanism exposed to the weather shall be of a type intended for such location.
D. 
Gate or door latching mechanism and installation shall be capable of keeping the gate or door closed at all times when not in actual use. The devise shall be self-latching.
E. 
Double doors or pairs of gates shall not be installed or maintained as part of the aforementioned required fence or enclosure if so designed that one leaf must be fixed or inactive to engage the hardware or latching device from the other or active leaf. No double door or pairs of gates shall be installed or maintained in any such fence or enclosure except in the manner approved by the Chief Building Official.
F. 
Garage doors and driveway gates shall not be installed or maintained as part of the required fence or enclosure.
G. 
Doors that provide access to the pool area from dwelling units are not required to have the aforementioned self-closing and self-latching devices.
[Added by Ord. 105]
Lights used to illuminate such pool shall be so arranged and shaded as to reflect light away from any adjoining premises.
[Added by Ord. 105]
No person, firm or corporation shall build, erect, construct, enlarge, relocate, or structurally alter any pool, as herein defined, or any fence or wall surrounding or containing said pool as hereinbefore required, within the City of Lakewood, without first having obtained therefor a permit from the Building Department in conformity with the provisions of this Chapter, The provisions of this Chapter in respect to approval of the work to be so performed shall govern with the exception, however, that Section 8013 shall govern to the exclusion of the other provisions of this Chapter in respect to appeals from the decision of the Building Department. In addition to any other provisions of this Chapter, the application for said permit shall show clearly and concisely be description, plan or otherwise and as indicated by the Building Department, the type, size and location of said pool and the type, size and location of the proposed fence. If the Building Department finds that said permit conforms with the provisions of this Chapter and any other provisions of the Lakewood Municipal Code, such a permit may be issued. The Building Department may make slight modifications for good cause shown in individual cases with respect to the height of the fence or the nature or the position of the latch. The Building Department 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 fence, wall, gate and latch described herein. Upon the application of a property owner, the Building Department may grant extensions of time for compliance for good cause shown in individual cases. Such extensions of time shall not exceed 30 days at a time.
[Added by Ord. 105]
Any person aggrieved by the decision of the Building Department may appeal said decision to the City Planning Commission. The rules pertaining to the granting of variances and conditional use permits as set forth and hereafter amended in Chapter 3, entitled "Zoning", of Article IX of the Lakewood Municipal Code, shall govern the hearing and procedure before the City Planning Commission with the exception that the appeal from the decision of the Building Department shall be considered the application required by said Chapter 3, Article IX, and that said appeal must be in writing and filed with the Secretary of the City Planning Commission within fifteen (15) days from the date the party aggrieved has received notice or knowledge of the decision of the Building Department.
[Added by Ord. 105]
No barbed wire or other sharp pointed fence or electrically charged wire shall be erected, maintained or constructed in the City unless a permit for the same has been issued by the City Planning Commission upon application and pursuant to the terms and provisions of Chapter 3 of Article IX of the Lakewood Municipal Code.
[Added by Ord. 105]
All persons coming within the provisions of Sections 8010, 8011, and 8014, shall comply with the provisions of Sections 8010-8016 herein within ninety (90) days after its effective date.
[Added by Ord. 105]
In lieu of maintaining a fence, wall or other structure as required in Section 8010, such person 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 observation of a competent person, a pool cover or other protective device approved by the Building Department must be used. No person shall qualify for the "in lieu" provisions of this section unless he has received a permit to do so upon application as provided in Section 8012 and 8013. The Building Department or City Planning Commission in hearing such an application shall consider the competency of the person keeping the pool under observation, the method of observation, the nature and type of protective device and the programming or scheduling in respect to times of observation and in respect to placement of the protective device. The Building Department and the City Planning Commission, in their discretion, may decide whether or not such a proposed "in lieu" program will safely and adequately protect the general public and especially small children. The Building Department and/or City Planning Commission in issuing such an "in lieu" permit, may impose any reasonable additional conditions necessary for the protection and safety of the general public and in particular small children.
[Added by Ord. 105]
In lieu of the requirement of Sections 8010 through 8016 of this Chapter where bodies of water otherwise within the definition of Section 8010 are located on public land with the City of Lakewood, the City Planning Commission may, upon application, and where it has determined that dispensing with the provisions of Section 8010 through 8016 will adequately protect the public health, safety and welfare, under such conditions, if any if may decide to impose, Sections 8010 through 8016 need not be complied with. This Section shall apply only to public bodies of water located on land owned possessed, or under control of state, county, municipal or other governmental entities, or their lessees or assigns.
[Added by Ord. 111]
Every person in possession of land within the City of Lakewood, either as owner, purchaser under contract, or otherwise, fee holder, lessee, tenant, or licensee, adjacent to land coming within the definition of Section 8010 upon which there is located a pool and for which a permit has been obtained in accordance with Section 8010, shall not change, alter, or increase the level of the underlying ground in possession of said person and adjacent to any fence or structure approved under Section 8010 so as to place the holder of a permit issued in accordance with Section 8010 in violation of said Section, without a permit to do so from the Building Department. Said permit shall be subject to the provisions of Section 8010, 8012, 8013 and 8014 of the Lakewood Municipal Code.
[Added by Ord. 111]
All persons who otherwise come within the provisions of Section 8018 and who have, prior to the effective date of the ordinance adopting Section 8018, so changed, altered, or increased the level of said adjacent underlying land shall comply with the provisions of Section 8018 within 90 days of the effective date of the ordinance adopting Sections 8018 and 8018.1 by restoring said adjacent land to the level the same existed on the date permit required under Section 8010 was so issued or by obtaining a permit as otherwise required by Section 8018.
[Added by Ord. 90-1; amended 11-11-2025 by Ord. No. 2025-2]
No construction shall take place within the City except between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. Construction shall be prohibited on Sundays and on such holidays as may be designated by Council resolution. The Community Development Director may extend the hours of operation for special circumstances by providing written notice to surrounding residents in advance. The restriction on construction hours shall not apply to emergency repairs required to protect the public health, safety, and welfare, whether performed by a public agency, utility, company, or private owner. The restrictions also shall not apply to residential property owners and or members of their immediate family, performing work on their personal property.
[Added by Ord. 90-1]
The following activities are exempt from the provisions of Section 8019 of this code:
A. 
Work performed in a zone prohibiting residential use when such work is at least five hundred (500) feet from a residential zone within any jurisdiction.
B. 
Work performed by a public utility or governmental agency when such work is necessary for the preservation of life or property and such necessity requires work within the prohibited hours.
C. 
Emergency work necessary for the preservation of life or property when such necessity arises during prohibited hours or where immediate action is required prior to the time permission could be obtained except when this work is performed by a public utility or governmental agency. A permit shall be obtained for such work from the Director of Community Development within one (1) working day after such work is started.
D. 
The Director of Community Development may approve a written request for construction activity during prohibited hours, provided the written request states the reason and the facts upon which the reasons are based, and the Director makes the following findings:
1. 
The work to be done is in the best public interest; or
2. 
Hardship or injustice or unreasonable delay would result from the interruption of the work during the specified times; or
3. 
The building or structure involved is devoted or intended to be devoted to a use immediately incident to public defense.
Any person dissatisfied with the decision of the Director of Community Development may appeal said decision to the Planning Environment Commission within ten days of the decision.