(a) Every swimming pool including existing pools shall be completely enclosed by a fence of sturdy construction, the top of which shall be not less than seventy-two inches above the level of the ground where located, which shall be of such design and construction as to effectively prevents a child from crawling or otherwise passing through or under such fence. In the case of in ground pools, such fence shall be of conventional design and each gate in it shall be provided with a secure lock and shall be kept locked at all times when the depth of water in the pool exceeds eighteen inches, unless such pool is under the immediate observation of a responsible person. In the case of pools which are partially or completely aboveground, the outside structure of the pool wall may constitute the fence in lieu of conventional fencing if it meets the stated height requirement, if it effectively prevents a child from crawling over such structure and if the ladder or other device used to pass over such structure is removed or otherwise securely disabled at all times when the depth of water in the pool exceeds eighteen inches, unless such pool is under the immediate observation of a responsible person. No part of any conventional fencing shall be located between the building setback line as established by the Zoning Ordinance and the street on which the lot or parcel abuts.
(b) The Board of Zoning Appeals shall have the power to make variances, exceptions to and modification of the above requirements for the fences as to existing pools in cases in which, in the Board's opinion, such requirements are essential to safety and the enforcement thereof would work hardships on the owners.
(Ord. 78-1928. Passed 8-3-78.)