Chapter 110 OFFENSES. (updated 1-8-07)
Section 110-28 SWIMMING POOL FENCING REQUIRED.
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
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
(Ord. No. 1-27-69 Added 1-27-69)
* Editor's Note: Former Sec. 19-41 of the 1965 Code, Unlawful assemblages,
and Sec. 19-42 Vagrants - Persons deemed vagrants, which immediately followed this section, were
deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.