(A)
In the interest of public safety and particularly the safety of children, all outdoor swimming pools in the town having a depth of water of 18 inches or greater at its deepest point shall be completely surrounded by a fence or wall not less than four feet in height. Such wall shall be so constructed as not to have any openings larger than six inches in height, except where width is five inches or less, the height may extend full height of fence or wall. If a picket fence is erected, the width between pickets shall not exceed five inches. A fence or wall may be made of any material, wood, metal, wire, masonry, concrete, tile and plastic material, or any combination of these or other suitable materials if the openings in the fences do not exceed the maximum width described above. A dwelling house or accessory building may be used as part of such enclosure. All gates or doors opening through such fence or wall shall have self-closing and self-latching devices for keeping the gate or door closed at all times when not in actual use; except that, the door of dwelling which furnished part of the enclosure need not be so equipped.
(B) The Zoning Administrator may make modifications with respect to the height, nature or location of the fence, wall, gates or latches, in individual cases, upon a showing of good cause provided the protection as sought hereunder is not reduced thereby. The Zoning Administrator may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate and latch described herein.
(C) Any pool that is not in use for more than 30 days shall either be drained or covered.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)