Before any license under the provisions of Article 3 of Chapter 4 is issued, any person desiring to operate a junk yard in the City shall first make a verified application in writing to the City Clerk stating thereon the full name of the applicant, the legal description of the premises where the junk yard is to be located, the size and approximate location of each entrance thereto and exit therefrom, whether or not the premises where the junk yard is to be located is enclosed on its perimeter with a solid, nontransparent wall or fence of a minimum height of seven feet (7') measured from the ground level excepting the entrances and exits. (1982 Code)

   A.    Definition: "Swimming pools" and "man-made bodies of water" are hereby defined as a receptacle for water or an artificial pool of water, having a depth at any point of thirty one inches (31") or more, whether or not intended for the purpose of immersion or partial immersion therein of human beings, including portable or temporary-type pools of plastic, rubberized cloth or similar materials, installed either above or below ground elevation, and including all appurtenant equipment constructed, installed and maintained in or above the ground outside of a building.

   B.    Compliance Required:

      1.    New Installation: It shall be unlawful to construct, maintain, install or enlarge a swimming pool or man-made body of water within the City limits except in compliance with the provisions of this Section.

      2.    Existing Pools or Ponds: All man-made ponds, swimming pools and other receptacles containing water which are in existence at the time of this Section shall have a period of thirty (30) days from the effective date of this Section to be brought into compliance with the provisions of this Section.

   C.    Fence Requirements:

      1.    Aboveground Pools: All aboveground elevation swimming pools or ponds within the City except swimming pools with a fence integral with the pool wall shall be completely enclosed by a fence or other structure designed to prevent small children from inadvertently wandering into the pool or pond. Such fence or other structure shall not be less than four feet (4') in height. All access 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 and locked at all times when not in actual use and to prevent small children from opening the access door or gate; provided, however, that the door of any dwelling forming any part of the enclosure hereinabove required need not be so equipped. Swimming pools with a self-contained fence shall have at least four feet (4') in total height of pool wall and fence from ground level to the top of fence.

      2.    Belowground Elevation Swimming Pools or Ponds: All swimming pools and ponds within the City shall be completely enclosed by a fence or other structure designed to prevent small children from inadvertently wandering into the pool or pond. Such fence shall be erected along the periphery of the pool or pond. All gates or doors opening through such enclosures shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping such door or gate securely closed and locked at all times when not in actual use and to prevent small children from opening the door or gate; provided, however, that the door of any dwelling forming any part of the enclosure hereinabove required need not be so equipped. All fences under this subsection shall be at least four feet (4') in height.

      3.    Maintenance: All fences called for under the terms of this Section shall be maintained at all times to provide the same restrictions to entry by small children as they provide at the time of their initial installation. Failure to maintain said fence shall constitute a violation of this Section. (Ord. 546, 3-3-81)

      4.    Applicability of Provisions: The requirement for fencing set forth in the previous subsection shall apply to any receptacle thirty one inches (31") in depth at any point. It shall not be a requirement that there be thirty one inches (31") of water placed in said receptacle. Regardless of the depth of water in the receptacle, any receptacle with a thirty one inch (31") total depth shall be subject to the fence provisions of this Section. It shall not be a defense to a violation of this Section that a swimming pool or man-made body of water was empty or partially filled or filled to a point at which at no point there was thirty one inches (31") of water. A failure to have a fence and properly maintain it shall be a violation even if the pool is empty. (Ord. 597, 10-7-86)

   D.    Penalty: Violation of this Section shall be punishable by a fine of not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00) per violation. Each day a violation is allowed to exist shall constitute a separate offense. (Ord. 546, 3-3-81)

   A.    A fence is hereby defined for purposes of the ordinances of the City as a hedge, structure or partition, erected for the purpose of enclosing a piece of land, or to divide a piece of land into distinct portions, or to separate two (2) contiguous estates. All such devices within the City shall be considered a fence whether their purpose is to restrain animals, to restrain small children, to prevent people entering upon property, for beautification or otherwise for aesthetic purposes or for any other purpose.

   B.    It shall be unlawful to construct any fence on an area zoned in the City to a height greater than eight feet (8') on the sides or rear of a property or to a height greater than four feet (4') on the front of a property.

   C.    It shall be further provided that the eight foot (8') side fence shall not extend further forward on a property than the minimum setback requirements for constructing buildings on said property. It is further provided that the side fence may extend forward from said setback line to the line at which a front fence may be placed, but said additional side fence in front of said setback line shall not be greater than four feet (4') in height. Further, there shall be a setback requirement on the rear of the property of five feet (5') if the property borders an alley. If there is no alley bordering all or a portion of the property, there shall be no setback requirement along the portion of said property that does not have an alley bordering it. It shall, therefor, be possible to place a fence on the boundary line on the sides and on the rear where no alley is involved. If an alley is involved on either the rear or the side, then a five foot (5') setback shall be required along said alley. In the event a lot is on a corner, all portions of the lot abutting a street shall be considered front yard for purposes of the setback requirements and for purposes of determining the height of fences.

   D.    The setback requirement on any fence on the front of the property shall be such that the fence may be placed immediately inside the sidewalk on said property if said sidewalk runs parallel to the street on which said property fronts. In the event the property contains no sidewalk on its front, the setback requirement on a fence on the front shall be back far enough to allow the establishment of a sidewalk so that if said sidewalk were placed on said property, the fence would be immediately inside of the said sidewalk. (Ord. 598, 12-16-86)