1339.16 FENCES.
   (a)    Every person owning land on which there is situated a permanent swimming pool, fish pond or other body of water, which constitutes an obvious hazard and contains eighteen inches or more in depth at any point, shall erect and maintain thereon a continuous man-made barrier around or by the side of any open space to prevent passage, or for its protection, from the ground up at a minimum height of four feet and a maximum height of six feet, which would make the body of water inaccessible to small children. All gates shall be self-latching with latches placed four feet above the underlying ground or otherwise made inaccessible from the outside to small children.
   (b)    Notwithstanding anything to the contrary in subsection (a) hereof, a fence for aboveground pools may be constructed on top of the pool and such fence shall be a minimum of thirty inches in height.
(Ord. 83-69. Passed 12-12-83.)