Chapter 33
SWIMMING POOLS¹

Sec. 33-1. Construction, maintenance of unenclosed outdoor swimming pool prohibited.

(a) The council of the city, hereby finds and declares that the construction or maintenance of unenclosed outdoor swimming pools constitutes an immediate public hazard due to the risk of injury and death to children, and that the continued existence of unenclosed outdoor swimming pools constitutes an emergency situation.

(b) The term swimming pool is hereby defined as a receptacle for water, or an artificial pool of water, having a depth at any point of more than one and one-half (11/2) feet, which is used or intended to be used for swimming or recreational bathing by human beings, and including all appurtenant equipment.

(c) All outdoor swimming pools shall be completely enclosed by a fenced enclosure of any size. All fence openings or points of entry into pool area enclosure shall be equipped with gates. The fence and gates shall be a minimum of four (4) feet six (6) inches in height above the grade level and shall be constructed of a minimum No. 11 gauge woven wire mesh corrosion-resistant material, or equivalent material.

Wood fences shall be considered equivalent to wire fences provided that spacing between boards does not exceed four (4) inches.

All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate.

Fence posts shall be decay or corrosion-resistant.

All posts and fences shall be maintained in good condition.

Subject to the approval of the building inspector, an alternative to the fencing requirements may be provided for those swimming pools having a diameter of eight (8) feet or less and a depth of four (4) feet or less, which alternative shall consist of a solid cover that is capable of being locked in place and that is minimally capable of holding forty (40) pounds per square foot.

(d) Waste water from swimming pools as herein defined shall be drained into and contained on property owned by the pool owner or into a sanitary sewer system with advanced notice to the waste water systems manager or into a septic system and shall not be drained into a storm water drainage system or onto any public right-of-way or other property not owned by the pool owner.

(e) All metal within five (5) feet horizontally and twelve (12) feet vertically from the maximum water level shall be bonded as required by the National Electrical Code.

(f) The maintaining of any outdoor swimming pool not enclosed by a fence in the manner set forth in subsection (c) above is hereby declared to be a public nuisance, whether or not said pool is filled with water. Such nuisance may be abated in the manner provided by law.

(g) The construction or maintenance of any outdoor swimming pool not enclosed by a fence in the manner set forth in subsection (c) above, whether or not such pool is filled with water, is hereby declared to be a misdemeanor. Each day such pool is maintained in violation of this section shall constitute a separate offense.

(h) The term maintenance or maintaining, as used in this section, shall include permitting, by the owner or person in charge of property, the continued existence of an unenclosed swimming pool constructed prior to the effective date of the chapter, as well as constructing or maintaining an unenclosed outdoor swimming pool after the effective date of this section.

Provided, however, that, before any criminal prosecution or action for abatement is initiated by the city, the property owner or person maintaining the unenclosed outdoor swimming pool shall be given an opportunity, by ten (10) days’ notice in writing, that he or she is maintaining an unenclosed outdoor swimming pool in violation of this section. (Code 1960, § 32A-1; Ord. No. 3090, §§ 1 – 6, 6-5-72; Ord. No. 3573, § 1, 5-26-81; Ord. No. 4024, § 3, 1-6-92)

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Footnotes

1. Cross references – Buildings and building regulations, Ch. 10; plumbing, Ch. 27; subdivisions, Ch. 32; water and sewers, Ch. 36; zoning, Ch. 37.