4–701. INSTALLATION, MAINTENANCE.
It shall be unlawful for any person to construct, install, enlarge or maintain any outdoor swimming pool, as hereinafter defined, except in accordance with the provisions of this article. (Ord. 89-1)
4–702. SWIMMING POOL DEFINED.
For the purposes of this article, “swimming pool” shall mean any privately owned receptacle or container for water, either temporary or permanent, or an artificial pool of water, either temporary or permanent, having a depth at any point of more than three feet and which is intended primarily for the purpose of swimming, bathing or wading. (Ord. 89-1)
4–703. BUILDING PERMIT REQUIRED.
Any person desiring to build or erect a swimming pool within the city shall first obtain a building permit for the construction or erection thereof prior to commencement of construction or use. (Ord. 89-1)
4–704. ENCLOSURES, FENCES REQUIRED.
Every swimming pool shall be enclosed prior to filling the pool with water, with a fence or wall or any combination thereof not less than sixty (60) inches in height above the grade of the land immediately adjacent to and outside of the required fence and/or wall. All ladders or steps permitting passage through or over such fence or wall shall be equipped with a gate or such other device as to prohibit inadvertent or unauthorized entry. All gates shall be equipped with self-closing devices for keeping gates closed or latched at all times or be locked closed with a locking device operated by key or combination to unlock. Such fences or wall shall contain no openings, holes or gaps that would allow the passage of a sphere six (6) inches in diameter. The enclosure around single-family residential pools may be around the perimeter of the pool or the whole perimeter of the property or any part thereof. Enclosures around any other pool shall be around the pool area, which shall include the pool and the deck. (Ord. 2005-9)
4–705. SAFETY EQUIPMENT.
All swimming pools having a depth of more than three (3) feet shall be equipped with not less than one lightweight reaching pole not less than 12 feet in length, and not less than one life ring not less than 15 inches in diameter attached with a line or rope equal to at least the width of the pool. Such safety equipment shall be kept in a conspicuous place available to persons in the pool area. (Ord. 89-1)
4–706. PLUMBING, ELECTRICAL CONNECTION AND EQUIPMENT.
All plumbing and electrical equipment installed with, or as a function of, any swimming pool shall comply with all appropriate articles of this code. (Ord. 89-1)
4-707. EXISTING POOLS, COMPLIANCE. All swimming pools existing at the adoption of Ordinance 89-1Were required to comply with the provisions of this article on or before September 1, 1989. (Ord. 89-1)
4–708. PUBLIC NUISANCE DECLARED. No swimming pool shall be so operated or maintained as to create a nuisance, an eyesore, or otherwise to result in substantial adverse effect on neighboring property, or to be in any other way detrimental to public health, safety and welfare. It will be presumed that any swimming pool not in compliance with this article shall be deemed a public nuisance. (Ord. 89-1)
4–709. APPEALS. Any person affected by the application of the provisions of this article may file an appeal to the city council by filing a request for appeal in writing to the city clerk and specifying the exact provisions by which they are aggrieved and any proposed alternative methods for compliance they may propose. In considering such appeal, the city council may determine whether or not acceptable alternative means of preventing inadvertent or unauthorized access to said swimming pool will be provided. (Ord. 89-1)
4–710. PENALTY. Any person violating any of the provisions of this article shall, upon conviction by guilty of a Class C violation. (Ord. 89-1)