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HomeMy WebLinkAbout2571 Swimming Pools / 10.26 ORDINANCE NO. ~/ AN ORDINANCE ADDINa A NEW CHAPTER 10.~3~2 TO THE ASHLAND MUNICIPAL CODE PERTAININa TO SWIMMINa POOLS AND PUBLIC SAFETY REQUIREMENTS THEREFOR. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 10.3~2 shall be added to the Ashland Municipal Code and shall read as follows: Title 10 PUBLIC PEACE, MORALS AND SAFETY Chapter 10.~ SWIMMING POOLS Sections 10.~2.010 10.~.~O20 10.~3~.~30 10.~2~..040 10. 9050 Public Hazard--Defined. Physical Barrier Required. Applicability--Exceptions. Modification and Extension. Violation--Penalty. 104-2.010 Public Hazard--Defined. It is determined and declared that the maintenance of private swimming pools without appropriate precautionary measures constitutes a hazard to the safety of the inhabitants of the city, particularly children. 10.~.020 Physical Barrier Required. A. Every person, firm or corporation in possession of land within the city, either as an owner, purchaser under contract, lessee, tenant, or licensee, in which there is situated an excavated or portable swimming pool containing or capable of containing water eighteen inches or more in depth at a point, shall erect and maintain on the lot or premises upon which such pool is located an adequate physical barrier sufficient to make such pool inaccessible to unsupervised small children. B. Such physical barrier shall completely surround such pool and shall not extend less than three (3) feet above the adjacent ground level with openings no larger than four inches in any dimension except doors and gates; provided however, that a dwelling house or accessory building may be used as part of such enclosure. C. Such physical barrier shall be constructed in such a way as to prevent access under the lower edge by small children. D. All gates or doors opening through the enclosure, except the door of any dwelling occupied by human beings and forming any part of the enclosure required above, shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping the door or gate securely closed at all times when not in actual use. The self-latching device shall be placed not less than three feet above the underlying ground or otherwise made inaccessible from the outside by small children. E. If the exterior walls of a portable or raised swimming pool are vertical and extend at least 36 inches above the grade of the abutting ground at all points, no further fencing shall be required except such as will be necessary to enclose the ladder, steps, or other such access to the pool. F. Approved covers or alternate means of protection may be authorized by the Building Official if they can be shown to provide protection equivalent to that described in this section. 10~.030 Applicability--Exceptions. A. The primary method for enforcement of this chapter shall be by discovery or the filing of a complaint with the city. B. The provisions of this chapter shall not apply to swimming pools which are owned, operated and maintained by a legally constituted public jurisdiction. C. All new swimming pools erected after the adoption of this chapter shall meet the conditions set forth in this chapter. D. Any person, firm, or corporation in possession of land within the city, either as an owner, purchaser under contract, lessee, tenant, or licensee in which there is situated an excavated or portable swimming pool, shall erect some sort of fencing within sixty days of adoption of this chapter and be in full compliance with the requirements contained in this chapter by July 1, 1990. 10..~.040 Modification and Extension. A. The Building Official may allow slight or minor modifications for good cause shown in individual cases with respect to the nature or location of fences, walls, gates or latches, or the necessity therefor, provided the degree of protection is not reduced thereby. B. The Building Official, upon application of a person, firm or corporation may grant an extension of time for compliance in individual cases upon showing of good cause. Such extension of time shall not exceed thirty days. 10~2.050 Violation--Penalty. Any person, firm or corporation found in violation of the terms of this chapter, and upon conviction, shall be guilty of an infraction and shall be punished as set forth in Section 1.08.020 of the Municipal Code. The foregoing ordinance was first read on the 1990, and duly PASSED and ADOPTED this ~??" day of j , ~. ~./ -~- 'Jill Turner City Recorder (Acting) SIGNED and APPROVED this ~'~x day of /¥/f"~'J' / day of 1990. , 1990 c Mayor