No person shall locate, construct, install, make, change, maintain or use a private swimming pool unless the pool or the premises upon which it is located is enclosed by a fence or other boundaries as designated herein.
(a) Outdoor swimming pools, hot tubs, or spas. An outdoor swimming pool, including an in-ground, above- ground or on-ground pool, hot tub or spa shall be provided with a barrier which shall comply with the following:
(1) The top of the barrier shall be at least forty-two (42) inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two (2) inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure
is above grade, such as an above-ground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four (4) inches.
(2) Any entrance or exit gate in such fence shall be equipped with a spring latching type lock or catch and shall automatically close by spring action to the locked or latched position or shall be equipped with a lock requiring a key or the working of a combination to open and be kept securely locked at all times.
(3) Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure and the means of access is a ladder or steps, then the ladder or steps shall be surrounded by a barrier which meets the requirements of this Section. When the ladder of steps are secured, locked or removed, any opening created shall not allow the passage of a four (4) inch diameter sphere.
(4) Natural vegetation does not fulfill the barrier requirements of this Section.
(b) Barrier exceptions. Spas or hot tubs with a safety cover shall be exempt from the provisions of this Section.
(Ord. 24-13. Passed 5-28-13.)
(Ord. 24-13. Passed 5-28-13.)