(A) Effective on March 10, 1998, no person shall construct, install, or enlarge a residential swimming pool not enclosed in a permanent building unless the pool is completely enclosed by a fence of at least four feet in height to prevent access to the pool. An above ground pool with solid side construction of at least four feet in height must only have the access areas secured. Gates or doors shall be equipped with self-closing and self-latching devices for keeping the gate or door securely closed at all times when not in use.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FENCE. As defined as in the zoning code.
SWIMMING POOL. Any depression in the ground, either temporary or permanent, and any above ground pool in which water is contained and which is used primarily for the purpose of bathing and swimming.
(C) Whoever violates this section will have ten days to remedy the violation after which they will be guilty of a misdemeanor. Each day’s violation thereafter shall constitute a separate offense.