(a) The owner, or his agent, of a permanent swimming pool or pond in the Municipality is required to completely enclose such pool or pond by a fence of sturdy construction of not less than forty-eight inches nor more than seventy-two inches in height, measured from the level of the ground where located. Such fence shall be of such design and construction as to effectually prevent a child from crawling or otherwise passing through or under such fence. Each gate in such fence shall be provided with a secure lock and shall be kept locked at all times when the pool is not in use or is not under the immediate observation of a responsible person. No part of such fence shall be located between the front building line and the street on which the lot or parcel containing the swimming pool abuts.
(b) The owner, or his agent, must secure a permit for the erection of a fence required by this chapter from the Building Inspector.
(c) The Planning Commission is given the authority to make exceptions to and modifications of the requirements herein for fences around existing swimming pools and ponds in cases in which, in the Commission's opinion, such requirements are not essential to safety and the enforcement thereof would work hardships on the owner.