Sec. 26-448. - City authorization to remediate improperly secured pools or pools with stagnant water for threats to the public health, safety and welfare.
(1) For the purposes of this section, "pool(s)" means any pool, tank, depression or excavation, in or above ground, or other structure which shall cause retaining of water over a greater depth than 18 inches and/or having a plane surface of water greater than 150 square feet and which shall by designed or used for swimming, wading or immersion purposes by individuals.
(2) The purpose of this section is to prevent stagnant water and access to pools located in the city by persons, especially children, who may be injured or killed as a result of their inability to perceive the dangers existing in the use of pools, and to prevent the spread of mosquito borne illnesses.
(3) All pools as defined above, whether in-ground or above-board types, shall be maintained in a clean and sanitary condition and in good repair with a functioning filtration system. Private swimming pools, hot tubs and spas shall be completely surrounded by a fence or barrier at least six feet in height above the finished ground level, measured on the side of the fence or barrier which faces away from the pool. Access gates must be self-closing and self-latching.
(4) Any authorized law enforcement entity has the authority to enforce this section. The city, or persons acting under its authority shall, at any reasonable time after eight days have passed following the posting of notice in accordance with section 26-242(c), enter upon premises or lot to immediately fill-in pools that are not in noncompliance with this section pursuant to the emergency procedures outlined in section 26-242.
(5) It shall be unlawful for an owner of premises or lots in the city, or in their absence, their agents, to violate provisions of this section.
(M.C.S., Ord. No. 22565, § 1, 3-15-07; M.C.S., Ord. No. 27901, § 1, 10-18-18; M.C.S., Ord. No. 28210, § 2, 10-3-19; M.C.S., Ord. No. 29189, § 2, 10-6-22)