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§ 150.068 SAFETY REQUIREMENTS.
   (A)   All pools, hot tubs, or spas shall be provided with required safeguards to prevent children from gaining uncontrollable access. A successful barrier shall be considered one which prevents a child from getting over, under, or through and keeps the child from gaining access to the pool, hot tub, or spa except when supervising adults are present. Permanent fences shall meet all requirements of § 150.087. Temporary fencing may be exempted from some of the requirements of § 150.087 upon approval of the City Manager or designee, but for a period of no more than the duration of the applicable permit, or 180 days, whichever is less.
      (1)   Safeguards shall include a fence at least six feet in height, unless exempted per § 150.068(C).
      (2)   Openings in the barrier (i.e., spaces between fence pickets, railing balusters, and the like) shall not allow passage of a four-inch sphere.
      (3)   All fence openings or points of entry into the enclosure area shall be equipped with a gate, and all gates must be equipped with self-closing and self-latching devices placed so as to be inaccessible to small children. The gates shall be locked at all times when the pool, hot tub, or spa is not in direct use.
   (B)   Suction outlets shall be designed and installed in accordance with ANSI/APSP-7.
   (C)   The following shall be considered fencing exemptions or modifications for spas, hot tubs, and certain above ground pools as specified:
      (1)   Exempted. Spas or hot tubs with a safety cover which comply with ASTM F1346 (per § 303 of the International Property Maintenance Code (2018) shall be exempted from any required fencing of this subchapter.
      (2)   Modified. Above ground pools with sides or attached fences which are four feet in height around the entire circumference, insurmountable, with an access ladder or steps capable of being secured, locked, removed, or otherwise protected to prevent access, shall require a fence of no less than four feet in height rather than the required six feet of division (A) above, while meeting all other safety fence requirements.
(Prior Code, § 150.053) (Ord. 2022-03, passed 5-24-2022) Penalty, see § 150.999
§ 150.069 LIGHTING REQUIREMENTS.
   Lighting used in connection with swimming pools must be adjusted in a manner as not to interfere with the reasonable use of adjacent property.
(Prior Code, § 150.054) Penalty, see § 150.999
§ 150.070 NOISE.
   Unreasonably loud noise in connection with the operation or use of a pool is prohibited.
(Prior Code, § 150.055) Penalty, see § 150.999
§ 150.071 INSPECTIONS.
   The County Health Inspector or City Manager or designee is authorized to conduct any inspections necessary to ensure compliance with all provisions of this subchapter and has the right of entry at any reasonable hour to the swimming pool for this purpose.
(Prior Code, § 150.056)
§ 150.072 EXISTING SWIMMING POOLS.
   No swimming pool, hot tub, or spa or any other structure erected in conjunction with a pool existing as of June 3, 1982, will be required to be moved so as to comply with the location requirements of § 150.067. All other requirements contained in this subchapter are applicable to existing swimming pools, and structures erected in conjunction with the pools.
(Prior Code, § 150.057)
§ 150.073 DISCHARGE OF POOL WATER.
   No person shall discharge or cause to be discharged into the municipal storm drain system any pool, hot tub, or spa water unless dechlorinated to less than one ppm of chlorine.
(Prior Code, § 150.058) Penalty, see § 150.999
FENCES
§ 150.085 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   FENCE. A partition, structure, wall, or gate erected as a dividing marker, barrier, enclosure, or visual obstruction, but excluding buildings and bushes, hedges, trees, and other living landscaping.
   LOT. An area of land intended for occupancy or use as permitted in the Zoning Code, and otherwise meeting the requirements of the Zoning Code.
   LOT LINE. The boundary line of a lot, except that where any portion of a lot extends into the public right-of-way, line will be treated as the LOT LINE.
   LOT LINE, FRONT. The boundary of a lot which abuts a public or private street, and in the case of a corner lot, it is the boundary to the front of the building’s principal entrance.
   LOT LINE, REAR. The boundary of a lot which is opposite the front lot line. If the REAR LOT LINE is less than ten feet in length, or if the lot forms a point at the rear, the REAR LOT LINE will be deemed to be a line ten feet within the lot, parallel to and at the maximum distance from the front lot line, for the purposes of determining setbacks.
   LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
   YARD. The portion of a lot between a lot line, and a building on the lot.
   YARD, EXTERIOR SIDE. A side yard which abuts a street or public right-of-way along the side lot line.
   YARD, FRONT. The area extending along the full width of the lot between side lot lines from the street right-of-way line to the principal building on the lot.
   YARD, INTERIOR SIDE. A side yard which abuts an adjacent side yard or backyard along the side lot line.
   YARD, REAR. The area extending along the full width of the lot between the side lot lines from the rear lot line to the principal building on the lot.
   YARD, SIDE. The area extending along the full depth of the lot between the front and rear lot lines form the side lot line to the principal building on the lot.
(Prior Code, § 150.070)
§ 150.086 ZONING PERMITS REQUIRED.
   A zoning permit is required for the construction or alteration of a fence, and for any additions to a fence. The permit must be obtained in the name of the owner of the property on which the fence is or will be located. Applications must be made on forms provided by the city. Permit fees must be paid in accordance with § 33.060.
(Prior Code, § 150.071) (Ord. 2022-07, passed 10-11-2022)
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