(A) For the purpose of this section, the term SWIMMING POOL is hereby defined as any structure, basin, chamber or tank containing an artificial body of water having a depth at any point of more than two feet, and intended for swimming, diving or recreational bathing, including in-ground, above-ground or on-ground swimming pools, hot tubs and spas.
(B) All outdoor swimming pools located within the town shall be completely enclosed by a fence that adheres to the most current North Carolina Building Code, Appendix G, and conforms with the requirements of 153.016, Fences in Residential Districts.
(1) All fence openings or points of entry into the pool area enclosure shall be equipped with gates.
(2) The fence and gates shall be at least four feet in height above the grade level and shall be constructed to meet the North Carolina Building Code and the county pool requirements.
(C) Operation and maintenance.
(1) At the end of the swimming season, the pool water, structure, or chamber shall be treated, altered, or maintained so as to prevent the development of unsanitary conditions.
(2) Pools under construction or that are no longer being operated shall be maintained in a manner so as to prevent the development of unsanitary conditions, potential injury, or possible drowning.
(3) Wastewater from the swimming pool shall be discharged into a sanitary sewer or by an alternative method that will not create a public health hazard or public nuisance.
(D) All violations of this section shall subject the offending property owner and/or tenant where applicable to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent jurisdiction as outlined in § 92.99.
(E) Each day's continuing violation shall be a separate and distinct offense, and is subject to penalties as outlined in § 92.99.
(Ord. passed 3-12-2018; Am. Ord. passed 9-10-2019) Penalty, see § 10.99