965.03 FENCES.
   (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 the fence. Each gate in the fence shall be self-closing and self-latching and 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 the 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 Ordinance and the street on which the lot or parcel abuts.
   (b)   The Planning Commission shall have the power to make exceptions to and modification of the requirement in subsection (a) for fences for existing pools, in cases in which, in the Commission’s opinion, such requirements are not essential to safety and the enforcement thereof would work hardship on the owners.
(Ord. 1212-79. Passed 9-24-79.)
   (c)   Fences for Above Ground Pools. For purposes of calculating the fence height for above ground pools, the sides of the above ground swimming pool may be included in the calculation; provided however, that the ladder, stairs or other means of ingress to the swimming pool must be removed when the pool is not in use.
(Ord. 26-13. Passed 10-28-13.)