(A) Definitions. The following words, terms, phrases, when used in this section shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
DETENTION/RETENTION POND. A detention/retention pond is a basin that is designed to catch runoff water from higher elevation areas which are used to prevent or minimize flooding during high water periods.
SWIMMING POOL. Any pool used for swimming or bathing over 24 inches in depth or with a surface area exceeding 200 square feet.
(B) Fence requirements for swimming pools and detention/retention ponds. Every person in possession of land within the city, either in the capacity of owner, purchaser under contract, lessee, tenant or licensee, upon which there is situated a swimming pool or a detention/retention pond shall at all times maintain a fence, wall or other enclosure not less than four feet in height completely surrounding such swimming pool or detention/retention pond and effectively denying accidental entrance into the pool or detention/retention pond by any person. During the period of construction, all swimming pools or detention/retention ponds shall be barricaded or safely covered with mesh, netting or other effective covering to deny accidental entrance until the construction is concluded.
(C) Minimum size of openings. No openings, holes or gaps shall be permitted in any fence required by the provisions of this section larger than four inches in width.
(D) Gates and doors - latching device required. All gates and door openings directly into any fence required by the provisions of this section shall be equipped with latching devices designed to keep and being capable of keeping such doors or gates securely closed at all times when not in actual use. Such latching device shall be attached not less than 3 1/2 feet from the bottom of such gate or door. The door of any dwelling, not including any attached or unattached garage, occupied by human beings and forming any part of a fence or other enclosure required by this section need not be equipped with such latching devices required by this section.
(E) Kept fastened or latched. Every person in possession of land on which there is situated a fence shall keep the gates or doors thereto securely fastened or latched at all times except whenever such door or gate is being used by such persons, his agent, servant, employee or invitee for entrance into such fenced enclosure. Upon such entry into such enclosure or exit therefrom, such person shall keep such gates or door securely fastened or latched.
(F) Penalty. Any person who violates this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $500.
(Ord. 106-12, passed 8-21-12; Am. Ord. 101-15, passed 12-16-14)