A. Control:
1. A "swimming pool" shall, for the purpose of this section, be construed to mean any pool, tank, depression or excavation, or other structure which shall cause the retaining of water over a greater depth than eighteen inches (18"), and having a larger plane surface of water greater than fifty (50) square feet, and which shall be designed or used for swimming, dipping or immersion purposes by men, women or children.
2. No swimming pool shall be constructed, erected or maintained unless a permit for the same shall have been issued by the building official. An application for such permit shall be made on such form as may be furnished by the city, and shall be accompanied by complete plans and specifications for the pool, showing complete compliance with the requirements of this section, including the plan for the disposal of water, the type and location of fencing and a survey or map showing the location thereof with respect to the boundary lines of the land of the applicant, and final inspection and approval of all pools hereafter constructed shall be withheld until all requirements of this subsection shall be complied with, and thereafter said pool shall be maintained in accordance with the requirements of this section. Permits may be issued only upon application by the owner of the land or his duly authorized agent, and the said authority of the agent shall be in writing and attached to the application.
3. No swimming pool shall be built, constructed or maintained except of materials having adequate strength to retain the water designed to be contained therein. Each pool shall be designed with sound engineering practices.
4. Water overflowing from the swimming pool and when the pool is emptied, the water therefrom shall be disposed of on the owner's land and shall be prevented from overflowing over or into the land of adjoining property owners, or over or into any abutting street.
5. Every swimming pool shall be completely enclosed with fencing of a height of not less than four feet (4'), with openings, holes or gaps therein no larger than four inches (4") in any dimension, except for doors or gates; provided, however, that if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches (4"); and provided, further, that a dwelling house or an accessory building may be used as a part of such enclosure. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use; provided, however, that the door of any dwelling occupied by human beings and forming a part of the enclosure hereinbefore required need not be so equipped. All gates shall be self-closing and self- latching, and equipped with latches at the top of gates or otherwise inaccessible to small children.
6. Should the owner abandon the swimming pool, he shall arrange to remove the depression and return the surface of the ground to its original grade and approximately the same condition as before the pool was constructed, and he shall further notify the city administrator of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.
7. Every swimming pool shall be constructed ten feet (10') distant from any lot line.
8. Any lights used to illuminate any swimming pool shall be so arranged and shaded as to reflect light away from any adjoining premises.
B. Enforcement: All permits issued hereunder shall remain in full force and effect until revoked by the council or surrendered by the applicant therefor, and the council may revoke any permit issued hereunder and require the removal of a pool upon a showing that the pool fails to meet any of the requirements of this section.
C. Prior Construction: The owner of any land upon which a swimming pool shall be constructed prior to the date of the adoption hereof, whether pursuant to permit duly issued by the council or not, shall, within ninety (90) days after the effective date hereof, comply with the requirements of subsection A of this section, and thereafter, it shall be unlawful to maintain any swimming pool which does not meet the requirements of this section.
D. Modifications:
1. The council may make modifications in individual cases, upon a showing of good cause, with respect to the height, nature or location of the fence, wall, gates or latches, or the necessity therefor, provided the degree of protection is not reduced thereby.
2. The council may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the fence, gate and latch described herein.
3. Upon the application of a property owner, the council may grant an extension of time for compliance, in individual cases, upon the showing of good cause. Such extension of time shall not exceed thirty (30) days at a time. (Ord. 617, eff. 9-2-1958; amd. 1992 Code)