A. The council hereby finds and determines that the maintenance of private swimming pools without appropriate precautionary measures constitutes a hazard to the safety of small children of the city.
B. Any person in possession of a lot(s) within the city, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool or other body of water designed or used for swimming, dipping or immersion purposes by men, women or children, shall at all times, maintain a minimum five foot (5') tall fence enclosing the pool, and otherwise constructed in accordance with the city building code on the lot or premises upon which such pool or such body of water is located. (Ord. 096-1093, 7-10-1996)