It shall be unlawful for any person, persons, or corporation to construct any outside swimming pool contrary to the following specifications:
(A) Swimming pools which are constructed in-ground shall be required to have a fence or wall, including a self-latching or self-locking gate around the pool for the property on which the pool is located. Such fence or wall shall be at least four (4) feet but not more than seven (7) feet in height; such fences or walls shall be constructed in such a manner that a small child may not reach the pool from the street or any adjacent property without climbing the fence or wall or opening the gate.
(B)(1) Swimming pools which are located above ground shall be required to have a fence or wall, including a self-latching or self-locking gate around the pool on the property on which the pool is located. Such fence or wall shall be at least four (4) feet, but not more than seven (7) feet in height. Such fence or wall shall be constructed in such a manner that a small child may not reach the pool from the street or any adjacent property without scaling a fence or wall or opening a gate. The wall may be the wall of the above ground pool providing that said wall is at least four (4) feet in height above the surrounding ground level.
(2) Any access to above ground pools by means of a ladder or stairway shall be provided with a self-locking or self-latching gate, or some other device that would prevent a small child from gaining access to the pool by means of a ladder.
(C) Any pool which comes within the operation of this section due to the construction of a residence on adjoining property, shall comply with this section by June 1 of the year subsequent to the year of completion of such residence.
(D) Any pool located five hundred (500) feet or more from the nearest residence (other than that of the pool owner) currently in existence or hereafter constructed on real estate adjoining that of the pool owner shall be exempted from compliance with this section.
(Ord. 79-008, passed 8-2-79) Penalty, see § 150.99