[HISTORY: Adopted by the Commissioners (now Mayor and Council) of the Town of Leonardtown 8-1-1964 by Ord. No. 28. Amendments noted where applicable.]
For the purposes of this chapter, the following words or phrases shall have the meaning given herein:
- FAMILY POOL
- A swimming pool used or intended to be used solely by the owner, operator or lessee thereof and his family and by friends invited to use it without payment of any fee.
- SWIMMING POOL
- A body of water in an artificial or semiartificial receptacle or other container used or intended to be used for public, semipublic or private swimming by adults or children or both adults and children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person as herein defined whether he be an owner, lessee, operator, licensee or concessionaire, exclusive of a family pool as defined herein, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool, and also all swimming pools operated and maintained in conjunction with or by clubs, motels, hotels and community associations.
[Added 5-20-2008 by Ord. No. 138]
A private, noncommercial swimming pool must maintain the required setback of five feet from the rear and side property lines. The pool may not be located within the front yard setback. Recorded easements may further restrict the location of a residential swimming pool. An indoor pool attached to a principal structure must comply with the principal structure setbacks.
Every outdoor swimming pool or family pool as herein described shall be completely surrounded by a fence or wall not less than five feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension, except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimensions shall not exceed four inches. A dwelling house or accessory building which complies with the minimum height requirements set forth herein may be used as part of such enclosure.
All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped, but all such gates or doors shall comply with the minimum height requirements set forth herein.
This chapter shall be applicable to all new swimming pools or family pools (as herein defined) hereafter constructed, other than indoor pools, and shall apply to all existing pools which have a minimum depth of 18 inches of water. No person in possession of land within the corporate limits of Leonardtown, either as owner, purchaser, lessee, tenant or licensee, upon which is situated a swimming pool or family pool having a minimum depth of 18 inches, shall fail to provide and maintain such fence or wall as herein provided.
The Commissioners of Leonardtown may make modifications in individual cases, upon showing of good cause, with respect to the height, nature or location of the fence, wall, gates or latches or the necessity therefor, provided that the protection as sought hereunder is not reduced thereby.
Editor's Note: Pursuant to the 1989 Charter, the Commissioners of Leonardtown are now the Mayor and Council of the Town of Leonardtown.
The Commissioners 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 wall, gate, fence and latch described herein.
The Commissioners shall allow a reasonable period of time, not exceeding 60 days, within which to comply with the requirements of this chapter.
[Amended 3-14-1994 by Ord. No. 78]
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $1,000 or be imprisoned in the St. Mary's County jail for a period not exceeding six months, or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.