§ 153.04 FENCES, ENCLOSURES, SAFETY PRECAUTIONS.
   (A)   All private swimming pools type 1 shall be enclosed by a fence which shall be at least four feet in height above the grade and which shall be of a type not readily climbed by children. Such fence shall be so constructed as not to have any openings, holes or gaps large enough for a child to use such a fence as a ladder, except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimension of the space between pickets shall not exceed four inches. A dwelling house or other building may be used as part of the enclosure. Each gate or door in said fence, except a door or gate opening directly into a house used as part of the enclosure, shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use. Swimming pools and ponds constructed prior to the adoption of this chapter shall comply with this section within 60 days after the effective date hereof.
   (B)   All swimming pools type 2 above ground shall be so constructed that the ladder, steps or other means of access to the pool shall be removed or raised and firmly fastened in such a manner as to prevent use by children not under authorized supervision.
   (C)   Swimming pools type 2, where the sides are not four feet above the graded surface of surrounding area, shall be fenced in the same manner as swimming pools type 1 as provided in division (A) above.
   (D)   When a house has become vacated, the fence shall be securely locked where a swimming pool type 1 exists. The ladder or other means of entrance to the pool shall be securely locked in a safe position on swimming pools type 2. If pools are abandoned and not made safe as provided in this section, the township will hereby have the authority to enter the property and make such pools safe. All cost of making such pool safe shall be a lien against the property on which said pool is located.
(Prior Code, § 48.004) (Ord. 061796, eff. 7-17-1996)