Cudahy Municipal Code Ch. 8.32 Excavations, Bodies of Water

The city council finds that there are a number of privately owned swimming pools within the city, and that the maintenance of either private or public swimming pools without supervision or protective measures constitutes a severe hazard to the safety of the inhabitants, and particularly to the small children of the city. Numerous small children have fallen into private swimming pools and drowned. Many of such drownings would not have occurred had such pools been protected by fences as required by this chapter. (2002 Code § 17-2.1).

Should any exception to the provisions of this chapter be held invalid, such exception shall be eliminated from this chapter. The city council declares that it intends this chapter to apply to every excavation which, by reason of constitutional limitations, cannot be excepted from its provisions. (2002 Code § 17-2.2).

Every person making, maintaining, or using any oil well sump, and every person making, maintaining or using any other manmade excavation three feet or more in depth, and every person owning or having possession of any premises on which such excavation exists, shall either cover such excavation or erect and maintain around such excavation at all places, if an oil sump, and in other cases at all places where the slope is steeper than one foot vertical to two feet horizontal if not under water, or one foot vertical to four feet horizontal if under water, a fence not less than five feet high mounted on steel posts with not less than three strands of barbed wire mounted at a 45-degree angle from the top of the fence. Such fence shall be constructed of chain link or other industrial type fencing of not less than No. 9 gauge wire and of not greater than two-inch mesh. The posts supporting such fence shall be set 36 inches in a concrete base and shall be spaced approximately 10 feet apart. Tension wires of at least No. 9 gauge coil spring wire, or equivalent, shall be stretched at the top and bottom of the fence fabric and fastened to the fabric at 24-inch intervals. Gates shall be of a structure substantially the same as the required fence and shall be kept locked when not attended by an adult. There shall be no apertures below the fence large enough to permit any child to crawl under the fence. (2002 Code § 17-2.3).

Every person who shall own or be in possession of any premises on which there is situated a swimming pool, fish pond, wading pool, or any other outside body of water created by artificial means, designed or used for swimming or other immersion purposes, by men, women, or children, any portion of which is two feet deep or more and the surface area of the water in which does not exceed 10,000 square feet shall maintain on the lot or premises upon which such swimming pool, fish pond, wading pool or other artificial body of water is located and completely surrounding such body of water, lot, or premises, a fence, wall, or other structure not less than five feet in height with no openings, except doors or gates, with an area greater than 50 square inches, except that a rectangular opening having no horizontal dimension exceeding four inches may have a greater area, constructed as follows:

(1) Wood Fences. Wood fences shall have posts not less than three inches by three inches, spaced not over 10 feet on centers, and embedded at least 18 inches into the ground. Posts, other than redwood, shall be treated with a preservative. Fencing shall be at least one-half inch in thickness and fastened securely to at least two rails not less than two inches by three inches in cross section.

(2) Wire Fences. Wire fences shall be constructed of wire mesh of not less than 11 gauge galvanized steel wire supported on one-and-one-fourth-inch diameter galvanized pipe spaced not over 10 feet on centers. Posts shall be embedded at least 12 inches into concrete fill-in holes not less than six inches in diameter and 18 inches in depth.

(3) Masonry Fences. Masonry fences shall be supported on a foundation of concrete extending at least 12 inches below grade, at least 12 inches in width, and at least six inches in thickness. Wall steel, when required, shall be embedded 16 diameters into the footing.

(4) Approved Alternate. If the city engineer finds that any other type of construction has resulted in, or will result in, a fence in all respects the equivalent in strength and durability to a fence constructed as provided in subsection (1), (2) or (3) of this section, such type of construction may be used. All fences or walls six feet in height or more shall comply with the provisions of the building code of the city of Cudahy.

(5) Supervision. In lieu of maintaining a fence, such persons 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 the pool is not under the observation of a competent person, a pool cover or other protective device approved by the city engineer may be used.

(6) This chapter does not apply to a portable swimming pool. (2002 Code § 17-2.4).

(1) All gates or doors opening through the fence or structure protecting a swimming pool as required by this chapter shall be equipped with self-closing and self-latching devices not less than four feet above grade capable of keeping such gate or door securely closed at all times when not in actual use.

(2) All doors or gates shall be of such size as to completely fill any opening in the fence or wall. The owner or person in possession of the premises on which such swimming pool exists shall keep such doors and gates closed and securely latched at all times when such swimming pool is not in use. (2002 Code § 17-2.5).

Every person operating or maintaining an oil well shall cause all sumps, cellars and ditches which were used, or installed, or maintained for use in connection with any well and which have not been used for 90 days for the operation of, or the drilling of, such well or any other well in the vicinity to be cleaned out and all oil, rotary mud and rubbish removed therefrom. (2002 Code § 17-2.6).

CMC 8.32.030 does not apply to:

(1) An oil sump constantly and immediately attended while drilling operations are continuously proceeding.

(2) An excavation covered by Section 24400, 24401 or 24402 of the Health and Safety Code.

(3) An excavation more than one-quarter mile from the nearest highway and within one-half mile of which excavation there are less than 20 residences.

(4) An excavation for the installation of a public utility, if not abandoned.

(5) An excavation in connection with the construction of a private residence, if not abandoned.

(6) A swimming pool, fish pond, wading pool or other outside body of water created by artificial means, designed or used for swimming or other immersion purposes by men, women or children, if it is protected as required by CMC 8.32.040.

(7) An excavation not more than one-half mile in length which becomes a portion of a natural watercourse.

(8) Portable swimming pools. (2002 Code § 17-2.7).

Whenever any body of water, whether natural, manmade, or partially natural and partially manmade, is a hazard to children because of its size, depth, vegetable growth therein, nature of soil, or for any other reason and the city council so finds, within 10 days after such finding, every person owning or in possession of any premises on which the whole of such body of water exists, shall erect and thereafter continuously maintain completely around such body of water a fence which shall comply with either CMC 8.32.030 or 8.32.040 and 8.32.050.

(1) If such a body of water occupies more than one premises, the owner or person in possession of each such premises, within such 10 days shall erect that portion of the fence on his premises, so that there will be completely around such body of water a fence which shall comply with either CMC 8.32.030 or 8.32.040 and 8.32.050.

(2) Gates shall be kept locked when not attended by an adult. (2002 Code § 17-2.8).

Where Article 9 of Chapter 1 of Division 1 of Title 5 of the Government Code applies, the city council shall proceed as provided in the said article. In all other cases whenever any person fails or refuses to perform any act required by CMC 8.32.030, 8.32.040, 8.32.060, 8.32.080 or this section, the sheriff shall serve upon such person in the manner required by law for the service of summons, a notice in writing requiring that such person, within 10 days after the service of such notice, shall either:

(1) Comply with this chapter, or

(2) If such person is of the opinion that this chapter does not require him to comply with such notice, file a protest in writing with the city council.

(3) If any such person cannot be found, the sheriff shall post such notice in a conspicuous place at or near the excavation, sump, cellar, ditch, or body of water.

Compliance with this chapter is not a condition precedent to a criminal prosecution for a violation of any provision of this chapter. (2002 Code § 17-2.9).

Upon filing of any protest the city council may adopt an order that the person protesting is not required to comply. If the city council does not adopt such an order it shall notify such person in writing, not less than five days prior thereto, of the time and place of, and shall hold a public hearing to determine what acts, if any, this chapter requires the person filing such protest to perform.

Upon the hearing of any such protest the city council shall determine what acts, if any, this chapter requires the person filing such protest to perform. It shall notify in writing such person of its decision. (2002 Code § 17-2.10).