Every permanent or temporary swimming or wading pool, seventy-five square feet or more in area and which is not enclosed in a permanent building or like structure, shall have erected around it a fence of sufficient strength, of permanent and durable materials, of such design and construction so as to prevent access to such pool by small children, of a height not less than five feet, and which shall be fifty percent (50%) or more open to light and air so as to permit a person to see through into the pool. Access to such pool shall be through gates in such fence which gates shall be equipped in such manner as to be securely locked except when in use by the owner or occupant and under the immediate observation of the owner or occupant or when in use with the owner's or occupant's permission and under the immediate observation of a responsible person designated by the owner or occupant. The provisions of this section shall not apply to a pool with both a five foot or higher sidewall and a locking type ladder which is either removed from the pool when not in use or which is placed in such a position so as to render it incapable of being used. (Ord. 90-5. Passed 4-2-90.)