(a) Every swimming pool, including existing pools, shall be completely enclosed by a fence of sturdy construction not less than forty-five inches in height, measured from the level of the ground where located, which 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 depth of water in the pool exceeds eighteen inches, unless such pool is in use or is under the immediate observation of a responsible person. No part of any fence shall be located between the building setback line fixed by the Zoning Code and the street on which the lot or parcel abuts.
(b) The Planning Commission shall have the power to make exceptions to and modifications of the above requirement for fences as to existing pools 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 owners.
(Ord. 80-26. Passed 5-20-80.)