A.    For the purposes of this section, the following terms shall have the following meanings:

    FENCE - A close-type vertical barrier not less than four(4) feet in height above the ground surface. A woven steel wire, chain link, picket or solid board type fence or a fence of similar construction which will prevent the smallest of children from getting through shall be construed as within this definition.

    SWIMMING POOL- Any outdoor man-made structure, constructed from material other than natural earth or soil, designed or used to hold water for the purpose of providing a swimming or bathing place for any person or any such structure for the purpose of impounding water therein to a depth of more than two (2) feet.

 B.    It shall be unlawful for any person to construct, maintain, use, possess or control any swimming pool on any property in  the town without having completely around such swimming pool a fence as hereinabove defined.  Every gate in such fence shall be  capable of being fastened securely at a height of four (4) feet above ground level, and it shall be unlawful for any such  gate to be allowed to remain unfastened while the pool is not  in use. Such fence shall be constructed so as to come within two (2) inches of the ground at the bottom.

 C.    This section shall not apply to a one-piece, plastic-type, portable swimming pool, nor to a swimming pool constructed prior to the effective date of this section if it is enclosed by a fence approved by the State Health Commissioner.

 D.    Any person violating any of the provisions of this section shall be punished by a fine of not more than three hundred dollars ($300.) or by confinement in jail for not more than thirty (30) days, or both.  Each day's violation shall be construed as a separate offense *.