A. 1. Fences. Every person owning land on which there is situated a swimming pool, fish pond or other body of water which contains water eighteen (18) inches or more in depth at any point, shall erect and maintain thereon an adequate fence sufficient to make such body of water inaccessible to small children. Such fence, including gates therein, must not be less than four and one-half feet above the underlying ground, all gates must be self latching with latches placed four and one-half feet above the underlying ground or otherwise made inaccessible from the outside to small children.
2. In lieu of maintaining a fence, such person may provide a competent person who shall keep the pool under observation at all times while water is kept in the pool. In the event that the pool is not under observation of a competent person, a pool cover or other protective device approved by the city council may be used.
B. Modifications. The city council may make slight modifications for good cause shown in individual cases, with respect to the height of the fence or the nature or position of the latch. The council may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the fence, gate and latch described herein. (Prior code § 7833)