Chapter 15.40


15.40.010    Policy declaration.

15.40.020    Fence and gate requirements.

15.40.030    Newly constructed pools.

15.40.040    Modification of requirements.

15.40.050    Maintenance of existing pools.

15.40.060    Violation—Penalty.

15.40.010 Policy declaration.

It is found, declared and determined that the maintenance of private swimming pools without appropriate precautionary measures constitutes a severe hazard to the safety of the inhabitants of the City, particularly children. (Ord. 419 § 1, 1957)

15.40.020 Fence and gate requirements.

A. No person, firm or corporation in possession of land within the City, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool or other outside body of water designed or used for swimming, dipping or immersion purposes by men, women or children, of a minimum depth of eighteen inches, shall fail to 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 feet in height, with openings, holes or gaps therein no larger than four inches in any dimension, except for doors or gates; provided, however, that if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches; provided, further, 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 and self-latching 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 hereinabove required need not be so equipped. (Ord. 419 § 2, 1957)

15.40.030 Newly constructed pools.

All plans hereafter submitted to the City for swimming pools to be constructed shall show compliance with the requirements of Section 15.40.020, and final inspection and approval of all pools hereafter constructed shall be withheld until all requirements of Section 15.40.020 have been complied with. (Ord. 419 § 4, 1957)

15.40.040 Modification of requirements.

A. The City Council may make modifications in individual cases, upon a showing of good cause, with respect to the height, nature or location of the fence, wall, gates or latches, or the necessity therefor, provided the degree of protection is not reduced thereby.

B. The City Council 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, gate and latch described herein.

C. Upon the application of a property owner, the Council may grant extensions of time for compliance, in individual cases, upon a showing of good cause. Such extensions of time shall not exceed thirty days at a time. (Ord. 419 § 5, 1957)

15.40.050 Maintenance of existing pools.

Swimming pools in existence on the effective date of the ordinance codified in this chapter shall be fenced in accordance with the requirements of this chapter on or before August 1, 1957. Thereafter, it is unlawful to maintain any swimming pool which is not fenced in accordance with the requirements of this chapter. (Ord. 419 § 3, 1957)

15.40.060 Violation—Penalty.

A. 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 punishable by a fine of not more than five hundred dollars, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

B. Each such person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided by this chapter. (Ord. 419 § 7, 1957)