(A) Suitable effective barriers. Every person owning land on which there is situated a family swimming pool, as defined in division (B) below, shall erect and maintain thereon an adequate suitable effective barrier including, but not limited to fences, enclosures, walls, or other approved barriers either surrounding the property or pool area, sufficient to make the pool inaccessible to small children. The barrier, including gates therein, shall be not less than four feet above the outside ground at all points and, provided further, that access steps or ladders are capable of being rendered inaccessible by being removed or raised more than four feet above the outside grade.
(Prior Code, § 5-1001)
(B) Family swimming pool defined. FAMILY SWIMMING POOL shall mean any and every pool of water any part of which is more than 24 inches in depth or having a surface area of more than 150 square feet, on private property and shall include below ground and above ground pools with the exception of streams, lakes, and other natural bodies of water, municipally-owned lakes, and stock watering or other agricultural purposes.
(Prior Code, § 5-1002)
(C) Unlawful installations. No person shall construct, install, erect, locate, or maintain any swimming pool within the city limits, whether on public or private property, unless the swimming pool is within an area completely enclosed or protected by a suitable effective barrier.
(Prior Code, § 5-1003)
(D) Permit requirements.
(1) No person shall erect, construct, or install a swimming pool within the city limits, whether on public or private property without first obtaining a permit therefor from the City Clerk or his or her designated representative.
(2) Before the City Clerk or his or her designated representative shall issue a permit to erect, construct, or install a swimming pool, he or she shall require that one of the following requirements be met:
(a) A suitable effective barrier is included as part of the construction of the swimming pool project; or
(b) The owner of the swimming pool or his or her agent shall certify that a suitable effective barrier will be provided before the swimming pool is in operation.
(Prior Code, § 5-1004)
(E) Fees. A permit fee to erect, construct, or install swimming pools is hereby levied. Amendment of the fee for the permit shall be determined by the City Council by motion or resolution. The initial fee shall be the sum of $10.
(Prior Code, § 5-1005)
(F) Retroactivity. The lack of an enclosure or protective barrier is hereby deemed to be a serious safety and health hazard. Therefore, the provisions of this section shall be retroactive and shall apply to all swimming pools from and after the effective date of this section.
(Prior Code, § 5-1006)
(Ord. 14-01, passed 8-12-2013) Penalty, see § 150.999