5-001: SWIMMING POOLS, SPAS AND HOT TUBS:
   A.   Definitions: The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
    SWIMMING POOL: Any structure intended for swimming or recreational bathing that contains water over eighteen inches (18") deep. This includes inground, aboveground and on ground swimming pools, tanks, hot tubs and spas.
   B.   Barrier: All private outdoor swimming pools or tanks shall be enclosed by a substantial fence, or barrier, not less than forty eight inches (48") in height, so constructed as to prevent, within reason, any person from gaining access beneath or through the fence, and which shall have a similarly substantial gate of the same height as the fence, with facilities for locking the gate when pool is unguarded. Openings in the barrier shall not allow for the passage of a four inch (4") diameter sphere through the openings.
   C.   Gates: Whenever a gate is contained in any enclosure required under this section, the gate shall be kept closed and latched at all times except when open for the purpose of ingress and egress.
   D.   Penalty: Any person who violates any provision of this section shall be guilty of a misdemeanor, and upon conviction, shall be fined as provided for in section 1-108 of this code. (Ord. 451, 1-12-2015)