§ 150.023  ENCLOSING SWIMMING POOLS; EXCEPTIONS.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   PRIVATE SWIMMING POOL.  Any permanent or portable container, tank, excavation or pool, not owned or operated by the city which is so designed and constructed as to permit its use by a person or persons for floating or swimming therein.
   WADING POOL.  Any portable tank, container or pool designed for wading or splashing therein and of insufficient size, depth and capacity to permit floating or swimming therein.
(`83 Code, § 5-111)
   (B)   (1)   All private swimming pools shall be fenced or otherwise enclosed by fencing or other enclosure of a minimum height of 48 inches.  The fencing or other enclosure shall be so constructed as to prevent minor children from walking under or through the fence or enclosure.  The fencing or other enclosure may be located either immediately adjacent to such swimming pool or within the boundary lines of the residential or other property upon which such pool is located.  The fence or other enclosure shall be designed, constructed and located so as to exclude the general public from the property which is enclosed by such fence or other enclosure.
      (2)   Nothing in this section shall be inter-preted or construed as applying to wading pools.
(`83 Code, § 5-112)  Penalty, see § 150.999