§ 158.10 FENCES.
   (A)   Temporary fencing during construction required.
      (1)   During the construction of an inground pool and when no work is being performed, the excavation and construction site must be completely surrounded by a temporary fence not less than four feet nor greater than six feet in height, of sufficient strength to prevent access to the construction area.
      (2)   This temporary fence shall be removed upon the completion of the permanent enclosure required by division (B)(2) below.
   (B)   Permanent fences for inground and aboveground pools. Permanent fences for inground and aboveground pools must comply with the following requirements.
      (1)   All inground and aboveground outdoor private residential swimming pools shall be completely surrounded by a fence not less than five feet and not greater than six feet in height, separated at least five feet from the pool and of sufficient strength to prevent access to the pool.
         (a)   This fence shall be constructed so as not to have any openings, holes or gaps larger than four inches in any dimension except for doors and gates.
         (b)   A dwelling house or accessory building may be used as part of the fence.
         (c)   All gates or doors opening through the required fence shall be designed to permit locking and shall be kept locked when the pool is not in actual use or when the pool is unattended.
         (d)   All the gates or doors shall be designed to be self-closing and self-latching.
         (e)   The latches shall be placed at least four feet above the ground elevation or otherwise made inaccessible to small children.
      (2)   Aboveground private residential swimming pools with self-provided fencing standing at least three feet and not greater than six feet above the pool deck will be allowed without separate additional fencing; provided, that the self-provided fencing is of sufficient strength and required height to prevent access other than through a gate or door. The height of the pool and fence shall not exceed 15 feet.
      (3)   All fencing required herein shall be subject to other ordinances of the village relating to the installation and maintenance of fences.
   (C)   Security for fence completion.
      (1)   The property owner, lessee or occupant applying for a construction permit shall, concurrent with the application, furnish to the village an unconditional, irrevocable letter of credit in a form acceptable to and in favor of the village, issued by a financial institution acceptable to the village or cash or certified check in the sum of 110% of the cost of construction of the proposed fence, to secure the timely construction and completion of fences as required by this chapter.
      (2)   The letter of credit shall remain in effect until the village has issued all necessary approvals for the construction of the fence.
      (3)   If the fence is not constructed within the time specified in the building permit herein required, the village, through its officers, has the right by self-operation hereof, to enter upon the subject premises and cause the construction of the fence or the completion thereof and recover the cost thereof by drawing upon the letter of credit, cash or certified check given to the village by owner or lessee.
      (4)   Upon full compliance with this chapter, the security for completion or balance, if any, shall be returned to the applicant.
(Ord. 704, passed 11-4-2002) Penalty, see § 158.99