[HISTORY: Adopted by the Town Meeting of the Town of Merrimac as Art. XII, Sec. 12.5, of the 2016 General Bylaws. Amendments noted where applicable.]
The following words, terms and phrases, as used in and for the purpose of this bylaw, shall be deemed to have the following meanings:
FENCE
A permanent barrier or obstruction not less than four feet nor more than six feet in height, so constructed as entirely to enclose the area on which the swimming pool is located and to bar all reasonable and normal access to the swimming pool except through a substantial, self-closing gate or gates of the same height as the fence, equipped with facilities for locking said gate or gates when the pool is unattended or unguarded.
PERSON
Any individual, firm or corporation having an interest in the lot or lots on which the swimming pool is located, as owner, tenant, occupant, or the agent, servant or employee of such owner, tenant or occupant.
SWIMMING POOL
A body of water, artificially constructed in whole or in part, including so-called "belowground" and "aboveground" pools, having at any point a depth of more than 18 inches below the grade or level of the ground, area, platform or edge surrounding it, located out of doors on a lot or lots, within 250 feet of any abutting property or street line, and designed, established, constructed, maintained or used for bathing or swimming purposes, by any person, the members of their household and their guests.
No person shall construct, maintain or use, or cause, suffer or permit to be constructed, maintained, or used:
A. 
A swimming pool on any lot or lots in the Town, unless there shall be constructed and maintained a fence enclosing the area on which the swimming pool is located; provided, however, that in the case of so-called "aboveground" pools, where the side of the pool or other barrier surrounding the pool is three or more feet in height, no fence is required if the ladder or means of access can be removed or raised when the pool is unattended or unguarded.
B. 
The gate or gates in the fence shall be kept closed at all times, except when being used for ingress or egress, and shall be kept locked at all times when the pool is unattended or unguarded. In the case of aboveground pools, so constructed in accordance with Subsection A hereof that a fence is not required, the ladder or other means of access shall be removed from the pool so as to prevent access to the pool at all times the pool is unattended or unguarded.
C. 
Violations of this bylaw shall be fined $50 for each offense. Each day that such violation shall continue shall be deemed a separate offense.