Duarte Municipal Code Ch. 9.40 Swimming Pools, Wading Pools and Fish Ponds

It is found that the maintenance of swimming pools, wading pools and fish ponds without appropriate precautionary measures constitutes a severe hazard to the safety of the inhabitants of the city, particularly children.

(Ord. 51 § 1; July 28, 1958)

A. ENCLOSURE REQUIREMENTS. Every person in possession of land within the city, either as owner, purchaser under contract lessee, tenant, licensee, or otherwise, upon which is situated:

(1) a swimming pool over eighteen inches in depth; or

(2) a wading pool over eighteen inches in depth; or

(3) a fish pond over eighteen inches in depth; shall at all times maintain on the lot or premises upon which such pool or pond is located and completely surrounding such pool, pond, lot or premises a fence or other structure not less than five feet six inches in height above grade with no opening therein, or construction features thereof, other than openings or construction features approved by the building official upon finding that they will not materially facilitate the scaling of the fence or other structure by children of the age of fourteen years or under.

All gates or doors opening through such enclosure shall be equipped with a self closing and self latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use. Such latching device must be located not less than four feet ten inches above the ground. Provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure herein above required need not be so equipped. All fencing forming the pool enclosure shall be in place and approved by the city before water is placed in the pool.

B. EMPTYING UPON ABANDONMENT OR VACATION OF PREMISES.

1. No person in possession or control of any swimming pool on any land within the city as either owner, lessee, tenant, purchaser under contract, trustee, mortgagee or beneficiary of the land upon which such swimming pool is located shall abandon or vacate the premises upon which such swimming pool is located or is accessory or appurtenant, or cause or permit the same to be abandoned or vacated, without first having either:

(a) Emptied all water from such swimming pool and left the same empty, or

(b) Completely covered the swimming pool with a safe and adequate pool cover or other protective device approved in writing by the building inspector as sufficient to protect persons especially children, from falling into such pool.

2. No owner of any swimming pool on any land within the city, upon learning that the premises upon which such swimming pool is located or is accessory or appurtenant have been abandoned or vacated by the person in possession or control of such swimming pool, shall fail within forty-eight hours after so learning or so being advised by the building official to either:

(a) Empty all water from the swimming pool and leave the same empty until the premises are again occupied by a person in possession and control of such swimming pool, or

(b) Completely cover the swimming pool with a safe and adequate pool cover or other protective device approved in writing by the building official, as aforesaid, and keep the pool so covered until the premises are again occupied by a person in possession and control of such swimming pool.

3. "Abandon" and "abandoned", as used in this section, mean the leaving of the premises without an actual, apparent and manifest intention to return thereto within a reasonable and foreseeable time, unless definite provision has been made in writing prior to leaving the premises to have said premises actually occupied within thirty days of such leaving by some other person who will be in possession and control of such swimming pool.

4. "Vacate" and "vacated", as used in this section, mean the leaving of premises with the bona fide intent to return and actually returning to the premises within a period of thirty days or less (or such additional period not exceeding an aggregate of sixty days from date of leaving as may be granted by the building official for good cause, such as extended vacation, emergency, etc.) unless during the period of absence, some other person actually occupies said premises and is in possession and control of such swimming pool.

5. Every person who violates or fails to comply with any of the terms, provisions or requirements of this section shall thereby have agreed and consented and conclusively be deemed to have agreed and consented:

(a) That the city may enter upon the premises and empty all the water from such swimming pool or cause the same to be done, and

(b) To reimburse the city on demand for the actual cost of emptying such pool or causing the same to be done, and that the city may collect the same from any such person by civil action or any other lawful means selected by or available to the city, including, where applicable, the means provided by Title 5, Division 1, Part 1, Chapter 1, Article 9 (beginning at Section 50230) of the Government Code of the state.

(Ord. 195 § 1, as amended by Ord. 251; July 14, 1969: Ord. 51 § 2; July 28, 1958)

All plans hereafter submitted to the city for swimming pools to be constructed shall show compliance with the requirements of Section 9.40.020 and final inspection and approval of all pools hereafter constructed shall be withheld until all requirements of Section 9.40.020, shall have been complied with.

(Ord. 51 § 3; July 28, 1958)

The provisions of Section 9.40.020 shall not apply to public swimming pools for which a charge or admission price is required to be paid for such use thereof, during the time that the owner, operator or adult employee of such owner or operator is present at and in active charge of the premises upon which such pool is located.

(Ord. 51 § 4, 1958)

A. FENCES, WALLS, GATES AND LATCHES. The city council may make modifications in individual cases, upon a showing of good cause, with respect to the height, nature or location of the fence, wall, gates, or latches, or the necessity therefor, provided the degree of protection is not reduced thereby.

B. SUBSTITUTE PROTECTION. The city 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.

C. TIME EXTENSIONS. Upon the application of a property owner, the city council may grant extensions of time for compliance, in individual cases, upon a showing of good cause. Such extensions of time shall not exceed thirty days at a time.

(Ord. 51 § 7, 1958)

Any person violating or permitting or responsible for the violating of any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 1.04.100 of this code.

(Ord. 51 § 6, 1958)