As used in this chapter, “small private swimming pool” means any structure or container, either above or below ground, designed to hold water to a depth of less than 24 inches at its deepest point intended for the immersion of the human body, whether for swimming or wading, or both, by the occupants thereof and guests, as an accessory use to a residence. Further, as used in this chapter, “private swimming pool” means any structure or container, either above or below ground, designed to hold water to a depth of greater than 24 inches at any point intended for the immersion of the human body, whether for swimming or wading, or both, by the occupants thereof and guests, as an accessory use to a residence.

(Ord. 5265. Passed 4-7-08; Ord. 5667-17. Passed 7-17-17.)

   (a)   Before the erection, construction or alteration of any small private or private swimming pool, an application for a permit shall be submitted to and approved by the Code Enforcement Officer. Said permit shall not be valid until all appropriate fees have been paid, provided, however, that there shall be no swimming pool permit fee for small private swimming pools. In addition, no electrical permit shall be required for small private swimming pools, provided the applicant demonstrates by inspection that any electrical connections shall be to a ground fault circuit interrupter (GFCI) outlet.

   (b)   (1)   The application for the permit shall be accompanied by a site plan. The plan shall show dimensions and construction of the pool, distances to lot lines and other structures on the lot, fences, gates, water supply details, drainage and water disposal systems. Details of the pool structure must include vertical elevations, type, height and type of fence surrounding the swimming pool, and maximum designed depth of the swimming pool.

      (2)   All small private and private swimming pools shall be considered accessory structures and may be constructed or placed in any rear yard, including the required rear yard, not closer than five feet from any property line or building.

   (c)   Small private and private swimming pool permit holders are not required to renew the permits annually, unless the pool is replaced, in which circumstances, the new pool is subject to the provisions of this chapter.

(Ord. 5265. Passed 4-7-08; Ord. 5667-17. Passed 7-17-17.)

   (a)   Every person owning, renting or otherwise controlling land on which a private swimming pool is located shall erect and maintain thereon an adequate enclosure or fence surrounding either the property or the pool area, sufficient to make such body of water inaccessible to small children. Such enclosure or fence, including gates, shall not be less than four feet above the outside, underlying ground, and shall be of a type of construction which cannot easily be climbed by small children. Gates must be self-latching, with latches made inaccessible from the outside by small children. A dwelling structure, garage or accessory building of at least four feet in height may comprise a portion of such enclosure. All gates must be secured when residents are away from the residence or when the pool is not in use.

   (b)   A natural barrier, hedge, removable ladder or other protective device approved by the Code Enforcement Officer may be used so long as the degree of protection afforded by the substituted devices or structures is not less than the protection afforded by the enclosure, fence or gate described herein. However, all private swimming pools shall be subject to the provisions of division (a) of this section, without exception.

(Ord. 5265. Passed 4-7-08; Ord. 5667-17. Passed 7-17-17.)

   (a)   No overhead electrical conductor, except telephone lines, shall be located within ten horizontal feet of the intended full water level of any small private or private swimming pool. All metal fences, enclosures or railings near or adjacent to a swimming pool to which bathers have access, which may become electrically charged as a result of contact with a broken overhead conductor shall be effectively grounded.

   (b)   (1)   Electrical wiring shall conform to the requirements of the most current edition of the National Electric Code. Permanent installation from the power source to the swimming pool shall be underground.

      (2)   Plumbing necessary for connection to the intake or outlet of a swimming pool shall conform to the requirements of the City Water Rules and the applicable version of the Plumbing Code in effect.

   (c)   Swimming pools shall be equipped in such a manner so as to enable them to be completely emptied of water. All discharged water shall be disposed of in manner that will not create a nuisance to adjoining property.

   (d)   Pool lighting will be aligned so as not to directly illuminate adjacent property.

(Ord. 5265. Passed 4-7-08; Ord. 5667-17. Passed 7-17-17.)

   (a)   Existing private swimming pools and small private swimming pools that do not conform to the requirements of this chapter shall be brought into compliance therewith, not later than October 1, 2008. The Code Enforcement Officer shall be empowered to make exceptions to, and modifications of the above requirements for fences to existing private swimming pools, in cases in which such requirements are not essential to safety. All small private swimming pools shall be subject to the provisions of Section 1167.03, without exception.

   (b)   Maintenance of small and private swimming pools. In addition to any manufacturer's recommended maintenance and water treatment instructions, small private and private swimming pools must be maintained to a standard that:

      (1)   Water in the pools is not permitted to become stagnant or become a breeding place for mosquitoes. Swimming pool water must be treated, as per manufacturer instructions, or to the extent that water appears clear and suitable for human habitation.

      (2)   Small private and private swimming pools must be kept free of stagnant water. The presence of stagnant water shall constitute a public nuisance and must be abated by the owner/occupant of the property in which the pool exists.

(Ord. 5265. Passed 4-7-08; Ord. 5667-17. Passed 7-17-17.)

   The Code Enforcement Officer shall have the right, at any reasonable hour, to inspect any small private swimming pool or private swimming pool for the purpose of determining compliance with the provisions of this chapter. Before any swimming pool is used, an inspection and approval must be received from the Code Enforcement Officer.

(Ord. 5265. Passed 4-7-08; Ord. 5667-17. Passed 7-17-17.)

   For the purposes of this chapter, the season for use of small private and private swimming pools extends from May 1 through September 30 of each year. Unless securely covered in between use seasons, small private swimming pools and private swimming pools must be properly drained, and small private swimming pools removed and stored between use seasons.

(Ord. 5265. Passed 4-7-08; Ord. 5667-17. Passed 7-17-17.)

   (a)   As used in this chapter, “public swimming pool” means any pool, lake or open tank, whether within a completely enclosed building or outside, and containing or normally capable of containing water to a depth at any point greater than one and one-half feet, intended for immersion of the human body, whether for swimming or wading or both, and open to the general public.

   (b)   No public swimming pool shall be allowed in any district except as an accessory use or a permitted use and unless it complies with the following conditions and requirements:

      (1)   It may not be located, including any accessory structures or equipment, within any required yard.

      (2)   The public swimming pool, or the entire property on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children from the street or from adjacent properties. Such fence or wall shall be not less than five feet in height, shall not exceed the height authorized in each district, and shall be maintained in good condition.

      (3)   Glare from lights used to illuminate the swimming pool shall be directed away from adjacent properties.

      (4)   Public swimming pools shall be accompanied by off-street parking sufficient to accommodate the usage of the pool.

      (5)   Public swimming pools located within 250 feet of a Residence District shall not be open between the hours of 11:00 p.m. and 8:00 a.m.

      (6)   No mechanical device for the reproduction or amplification of sounds used in connection with the pool shall create a nuisance to adjacent residential properties.

      (7)   The pool and associated equipment and structures shall be constructed and erected in accordance with all applicable codes. Any owner of a public swimming pool must have on the premises a permit and certificate of compliance issued by the Code Enforcement Officer.

(Ord. 4320. Passed 11-15-93; Ord. 5265. Passed 4-7-08.)