(A)   No person being the owner of land containing a swimming pool, or other body of water whose design and location constitutes a drowning hazard to children, shall fail to enclose such swimming pool or other body of water with a fence maintained in such a condition as to prevent the passage of children to fence height of four feet in compliance with the city Building Code. Such fences may contain gates, provided they are kept closed with a locking device except when in actual use by persons entitled to enter the enclosed area.  This section does not apply to any swimming pool or other body of water located entirely within a building or owned by any governmental entity.
   (B)   It shall be an affirmative defense to a charge under division (A) above, that the swimming pool, or open body of water involved was less than 24 inches at the time of the alleged violation.
   (C)   Whoever violates division (A) above shall be guilty of a minor misdemeanor.  Each day of violation shall constitute a separate offense.
('65 Code, § 521.12)  (Ord. 107-76, passed 11-16-76; Am. Ord. 02-049, passed 4-23-02)
   For misdemeanor classifications, see § 130.99