Article II — SWIMMING POOL FENCING

Swimming pool means any confined body of water exceeding two feet in depth and located either above or below the existing finished grade of the site, designed or used, intended to be used for swimming, bathing or therapeutic purposes.

The following provisions shall apply to every swimming pool located on any lot or parcel or one acre or less, and to every hotel, motel, apartment house, planned mobilehome development, and public swimming pool within the City:

(a)

Fence required. In order to obstruct access thereto by persons other than the owners or occupants of the premises on which a swimming pool is located, every swimming pool shall be enclosed by a natural barrier, retaining wall, fence or other structure having a minimum height of five feet measured from the exterior grade of said barrier, wall, fence or structure. Said barrier, wall, fence or structure shall be constructed or installed so as to prevent ladder-like access and shall have no horizontal openings greater than five inches.

(b)

Gates. Such fences may include gates therein. All gates must be self-closing and self-latching, with latches placed at least four feet six inches above the grade immediately below the latch in order to be securely closed. All gates opening through such enclosure shall be kept securely closed and latched at all times.

(c)

Ingress and egress. No swimming pool shall be installed in any court or yard area if such pool would interfere with ingress and egress to any building or occupancy.

(d)

Modification. The owner of any swimming pool may request approval of modification from the fencing requirements contained in this chapter by submitting to the County Zoning Administrator written application for such modification setting forth a description of such pool and an alternate safeguard or condition of the site by which entry into said swimming pool may be restricted or prevented. The Zoning Administrator may approve such alternate safeguard or obstruction upon finding that one of the following conditions exists:

(1)

That the site in which the swimming pool is contained is a mobilehome park, certified by the owner to be restricted to adult residents only, and alternate safeguards or conditions exist whereby entry into said swimming pool may be restricted or prevented;

(2)

That the physical conditions of the site would make the erection of a fence or wall impractical;

(3)

That the proposed limitation of access or conditions of control which would be continuously effective would accomplish the intent of the fencing requirements. A fee for the cost of processing such application for modification shall be determined no less than annually by the Board of Supervisors. Said fee shall be paid to the County of San Diego through the Department at the time such application if filed.

(e)

Waiver. Other provisions of this chapter notwithstanding, the owner of any swimming pool may request of the Director of Planning Services a waiver of all, or a portion, of the fencing requirements contained in this chapter when the following conditions exist:

(1)

A plot map is submitted to the Director of Planning Services showing all parcels of land lying within 1,000 feet of the perimeter of the subject property; and

(2)

Said map identifies all swimming pools existing within said area; and

(3)

The number of such pools exceeds five; and

(4)

Fifty percent of the pools identified on the said map:

(a)

Are exempt from the fencing requirements of this chapter due to their construction prior to June 18, 1976, and

(b)

Do not otherwise comply with the provisions of this chapter.

The cost of processing an application for a partial or complete waiver of fencing requirements shall be the same as provided for a modification of fencing requirements.

(f)

Building-enclosed Pools. All swimming pools which are completely contained within the walls of a building shall be exempt from the provisions of this article.

(g)

Appeal. Any applicant dissatisfied with a decision of the Zoning Administrator relating to modification or waiver under this article may appeal such decision to the Board of Planning and Zoning Appeals; the decision of the Board of Planning and Appeals in the case of any such appeal shall be final.

The provisions of this article shall be enforced by the Director of Planning and Land Use.

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.

(a)

Any swimming pool erected, constructed, altered or maintained and/or any use of property contrary to the provisions of this article is 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 10.04, of this Code.