The purpose of this Chapter is to promote the safety, health and general welfare of people around swimming pools located within the City. The safety of minors around swimming pools located within the City, is of particular concern. The term "minor" as used in this Chapter includes any person not an adult. (Ord. C-061, 8-21-90)

SWIMMING POOL: A basin of water contained within a structure, chamber, or tank constructed of man-made material and used for the purpose of water sport or water recreation. The facility may be either publicly or privately owned.

WADING POOL: A swimming pool that is an artificial basin of water no more than twenty four inches (24") deep at any point which is primarily intended for use by young children under the age of twelve (12) for general recreation or training. (Ord. C-061, 8-21-90)

Swimming pool enclosures shall be designed, constructed and maintained so as to secure the swimming pool from unauthorized access by minors and shall meet the following specifications:

   A.   Inground Enclosures: Every outdoor inground swimming pool shall be completely surrounded by a fence, or wall, not more nor less than six feet (6') in height above the grade abutting the outside of the fence, or wall. The fence, or wall, shall be at least four feet (4') from any side of the pool. The fence, or wall, shall be designed, constructed and maintained so as to secure the pool from unauthorized access by minors. If the enclosure be a fence, then fence posts shall not be more than ten feet (10') apart. (Ord. C-061, 8-21-90)

   B.   Aboveground Pool Enclosures: Every outdoor aboveground swimming pool shall be completely surrounded by a fence, or wall, or structural barrier, not more nor less than six feet (6') in height above the grade abutting the outside of the fence, or wall, or structural barrier. The fence, or wall, or structural barrier shall be designed, constructed and maintained so as to secure the pool from unauthorized access by minors. If the enclosure be a fence, then fence posts shall not be more than ten feet (10') apart. (Ord. C-072, 12-4-90)

      1.   If manufacturer's specifications for the design, construction, and maintenance of outdoor aboveground pool enclosures do not conflict with the design, construction, and maintenance specifications herein, then an outdoor aboveground pool may be installed in accordance with said manufacturers' specifications.

   C.   No part of a swimming pool enclosure shall be constructed within five feet (5') of a property line or other structure which might increase the ease with which a minor could climb the enclosure and gain access to the swimming pool. (Ord. C-061, 8-21-90)

Steps, ladders, ramps, or any other device affording access to the pool shall be constructed in a manner that will afford the same degree of security against unauthorized access as that prescribed for the pool enclosure. (Ord. C-061, 8-21-90)

   A.   Wading pools are exempt from this Chapter.

   B.   In lieu of maintaining a fence as provided above, the owner or operator of a swimming pool may provide a competent person; who shall keep the pool under observation at all times while water is kept in the pool. In the event the pool is not under the observation of such competent person, a pool cover or other protective device approved by the Building Inspector may be used. (Ord. C-061, 8-21-90)

All gates or door openings to the swimming pool shall be equipped with a self-closing or self-latching device with locking provisions for keeping the gate or door securely closed at all times when the pool is not in actual uses. (Ord. C-061, 8-21-90)

The owner or occupant of any premises where a swimming pool is located shall keep and maintain the fence or wall and gates or door openings to the swimming pool in good repair throughout the year. (Ord. C-061, 8-21-90)

Nothing contained in any provisions of this Chapter shall be construed to impose liability on the City or any of its officials for the design or maintenance of a fence, wall, gate or door openings. (Ord. C-061, 8-21-90)

Any violation of any part of the provisions of this Chapter shall constitute a Municipal infraction punishable as provided in Section 1-4-2 of this Code. (Ord. C-061, 8-21-90; 1993 Code)

The provisions of this Chapter shall be made effective for all existing pools as of June 1, 1991, with the exception that pools already in existence at the date of the passage of Ordinance C-072 shall not be required to comply with subsection 10-27-3(C). (Ord. C-072, 12-4-90)