§ 78-641. Swimming pools.

(a)

Permit application. It shall be unlawful for any person to construct or maintain an outdoor swimming pool without first making application to the city clerk and obtaining a permit thereof. Application for such permit shall show the name of the owner, a plot plan of the property showing the location or such swimming pool thereon and a detailed plan and specification for such swimming pool, which shall contain full information as to the type, height and location of fence surrounding such swimming pool and the number of gates therein.

(b)

Location. Out-of-door swimming pools may be erected in the rear yard, provided no part thereof shall approach nearer than ten feet from the side or rear lot lines. No such pool or part thereof shall be installed within 25 feet of a side street. On lake lots, such pools and required fencing may be erected in either front yard, but must be located behind the required minimum front yard setback as defined in section 78-296. The provisions of subsection (c) of this section notwithstanding, the required pool fence in the front yard must be no more than six feet from the edge of the pool and not located within the minimum front or side yard setback. Permanent and portable swimming pools will be considered in the total lot coverage computation.

(c)

Fencing. The swimming pool shall be completely enclosed by a fence not less than four feet in height. The gates shall be of the self-closing, self-latching type, with a latch on the inside of the gate, not readily available for children to open. A fence which encloses the yard, as a whole, of the type referred to in this subsection, may be considered as complying with the requirements of this section. All gates must be locked when the residents are away from the house or when the pool is not in use. A pool cover or other protective devise approved by the city manager with not less than the protection afforded by the enclosure, gate and latch described in this subsection may be used.

(d)

Inspection. The health department and the building official have the right, at any reasonable hour, to inspect any swimming pool for the purpose of determining that all provisions of this section are fulfilled and complied with. Before any swimming pool shall be used, a final inspection and approval must be had from both the building official and plumbing inspector.

(e)

Conflict with other provisions. This section, in no way, is intended to amend or alter any existing city ordinance, or state statute, provisions of which are covered in this section.

(f)

Nuisance. Any such outdoor swimming pool installed, operated or maintained in violation of provisions of this section shall constitute a nuisance, and the city may, in addition to penalties set forth in section 78-3, maintain any proper action for the abatement of such nuisance.

(Ord. No. 54A, § 16.45, 11-11-1987; Ord. No. 198, § 2, 12-13-1989; Ord. No. 251, § 2, 3-8-2000)

Charter reference

Authority relative to fences, § 4.2(11).