The city council finds that the maintenance of swimming pools without adequate protective measures constitutes a severe hazard to the safety of the inhabitants, and particularly to the small children of the city.
(Ord. 347 § 1; prior code § 26A.1)
Upon presentation of proper credentials the building inspector, or his duly authorized representatives, may enter at reasonable times any premises in the city to perform any duties imposed upon him by this chapter.
(Ord. 347 § 2 (part); prior code § 26A.3)
An approved fence shall be a fence meeting the requirements of this section:
A. 
Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool or other out-of-doors body of water designed, constructed and used for swimming, dipping or immersion purposes by men, women or children, having a depth in excess of eighteen inches, or with a surface area exceeding two hundred fifty square feet, shall maintain on the lot or premises upon which such pool or body of water is located and completely surrounding such pool or body of water, a fence or wall not less than four and one-half feet in height, with openings, holes or gaps therein no larger than four inches measured horizontally, except for doors or gates; provided, however, that a dwelling house or accessory building may be used as a part of such enclosure.
B. 
All gates or doors opening through such enclosure shall be equipped with a self-closing device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure required above in this section need not be so equipped, with the exception of breezeways, back doors of garages, and similar structures, affording access to pools which shall be self-closing and self-latching, with such latching placed at least four feet above the ground level, or otherwise made inaccessible from the outside to small children.
(Ord. 347 § 3; prior code § 26A.5)
The fence required by this chapter shall be installed around all pools within ninety days from and after the effective date of this chapter and before any newly constructed pool is put into use.
(Ord. 347 § 5; prior code § 26A.6)
The fence required by this chapter need not be erected or maintained when all of the following conditions exist:
A. 
The lot is not smaller than twenty thousand square feet, not including any area within the lines of a public road.
B. 
The density of a residential development within a radius of two hundred and fifty feet surrounding the pool does not exceed a total of four residences, including the residence with the pool.
C. 
The pool is not within three hundred feet of a public school, private school or public playground.
D. 
The pool is not within fifty-five feet of an inhabited dwelling on adjacent property.
(Ord. 347 § 6; prior code § 26A.7)
The building inspector may grant an exception to the requirements of fencing a swimming pool when he finds that there is a barrier existing on the premises by reason of vegetation, landscaping or topography suitable to protect children from straying into the pool.
(Ord. 347 § 7; prior code § 26A.8)
Any swimming pool constructed after the effective date of this chapter shall be constructed so there shall be at least five feet between a side lot line or a rear lot line and the swimming pool.
(Ord. 347 § 4; prior code § 26A.9)
Any person who is dissatisfied with the decision of the building inspector in his application of this chapter, may submit an appeal to the city council.
(Ord. 347 § 8; prior code § 26A.10)
Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and shall be punishable as set forth in Section 1.08.020.
(Ord. 347 § 9; prior code § 26A.11; Ord. 677 § 1 (part), 1975)