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Malcolm City Zoning Code

ARTICLE 9

Swimming Pools


(Revised January 2, 2019, Ordinance 2019-1)

12-901 Fence Or Enclosure

Any pool within the Village limits having a side wall depth of twenty-four (24) inches or more shall be completely surrounded or enclosed by a fence or wall not less than four (4) feet in height, which shall be so constructed as not to have openings, holes, or gaps larger than four (4) inches in any dimension, except for doors and gates. The horizontal dimension between pickets shall not exceed four (4) inches for picket fences. A dwelling house or accessory building may be used as part of the enclosure required by this section.

12-902 Gates And Doors

All gates or door openings through such fence or enclosure shall be equipped with a self-latching gate and/or locks sufficient for keeping the gate or door securely closed at all times when not in actual use. All such gates or doors shall be kept securely closed at all times except when in actual use.

12-903 Duty

It shall be the duty of the owner of the property to ensure the provisions of this Article are satisfied with respect to any pool on their property, provided however it shall be the duty of the occupant of the premises to keep such gates or doors securely closed at all times except when in actual use.

12-904 Penalty

Any person upon whom a duty is placed by the provisions of this article who fails, neglects, or refuses to perform such duty, or who violates any provision hereof, shall be deemed guilty of a misdemeanor and subject to a fine which shall be set by the Village Board by separate ordinance. Each day that a violation of this article continues shall constitute a separate and distinct offense.

HISTORY
Amended by Ord. 2022-01 on 9/7/2022

2022-01