A "public swimming pool" means any indoor or outdoor structure, chamber or tank containing a body of water for swimming, diving or bathing that is intended to be used collectively for swimming, diving or bathing and is operated by any person whether as the owner, lessee, operator, licensee or concessionaire, regardless of whether or not a fee is charged for use, but does not mean any public bathing area, private residential swimming pool or any structure, chamber or tank that is easily portable when empty with a capacity of no more than 150 gallons. A public swimming pool is permitted in residential districts and open space districts as a conditional use and C-1, C-2, P.U.D. and C-M districts.
   (a)    The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than thirty feet to any property line of the property on which located.
   (b)    The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The fence or wall shall be not less than six feet in height and maintained in good condition. Such fence shall be constructed so as to be firmly affixed in the ground to prevent the penetration through or under the same by any person. All horizontal members shall be constructed on the pool side of the enclosure and vertical members other than supporting members, shall not be spaced more than one and three-fourths inches apart. Further, all outside fence openings or points of entry into the swimming pool area shall be provided with self-closing and self-latching devices or be otherwise firmly secured and locked and shall be so maintained during all times when the swimming pool is not in active use or supervised. 
(Ord. 188-1996. Passed 11-18-96.)