Chapter 3.5 — SWIMMING POOL FENCING

*Note--Added by Ord. No. 4945 (N.S.), effective 7-29-77; amended by Ord. 10927 (N.S.), effective 1-10-25.

(Added by Ord. No. 4945 (N.S.), effective 7-29-77; repealed by Ord. No. 8614 (N.S.), effective 1-4-96)

(Amended by Ord. No. 5332 (N.S.), effective 2-15-79; amended by Ord. No. 5819 (N.S.), effective 7-31-80; amended by Ord. No. 6034 (N.S.), effective 5-28-81, operative 7-1-81; amended by Ord. No. 6392 (N.S.), effective 7-13-82; Ord. No. 6392 (N.S.), superseded by Ord. No. 6404 (N.S.), adopted 7-20-82, effective 8-19-82; amended by Ord. No. 6907 (N.S.), effective 2-8-85; amended by Ord. No. 8553 (N.S.), effective 8-10-95, operative 8-10-95; repealed by Ord. No. 8614 (N.S.), effective 1-4-96)

(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 8553 (N.S.), effective 8-10- 95, operative 8-10-95; repealed by Ord. No. 8614 (N.S.), effective 1-4-96)

(Repealed by Ord. No. 5200 (N.S.), effective 8-10-78)

Each person, firm or corporation found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such person, firm or corporation and shall be punishable therefor as provided for in this Chapter, and any use, occupation or building or structure maintained contrary to the provisions hereof shall constitute a public nuisance.

(Amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. 10927 (N.S.), effective 1-10-25)

Any swimming pool erected, constructed, altered, maintained or any use of property contrary to the provisions of this Chapter shall be and the same is hereby declared to be unlawful and a public nuisance, and any failure, refusal or neglect to install a fence as required by the terms of this Chapter shall be prima facie evidence of the fact that a nuisance has been committed in connection with the erection, construction, alteration or maintenance of any swimming pool erected, constructed, altered or maintained or used contrary to the provisions of this Chapter. Abatement proceedings may be commenced in accordance with the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6, Title

1 (commencing with Section 16.201) of this Code or any other procedure permitted by law.

All of the remedies provided for in this Chapter shall be cumulative and not exclusive.

(Amended by Ord. No. 7141 (N.S.), effective 6-26-86; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. 10927 (N.S.), effective 1-10-25)

The provisions of this Chapter apply only to swimming pools erected or enlarged on or after June 18, 1976. This exclusion does not limit the powers of the Director or the Health Officer to close a pool constructed prior to June 18, 1976 pursuant to other legal authority, if that pool is open to the public and is unhealthy, unsanitary or unsafe.

(Added by Ord. No. 4969 (N.S.), effective 9-29-77; amended by Ord. No. 10642 (N.S.), effective 1-10-20; amended by Ord. 10927 (N.S.), effective 1-10-25)