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HomeMy WebLinkAboutO-575ORDINANCE NO.,,) 1� BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION 1: Definitions: For the purposes phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context words used in the present tense include future, words in the plural number include the singular number, and words in the similar number include the plural number The word "shall" as used herein is mandatory and not merely directory. A. "City" is the City of Fairhope, Alabama. B. "City Council" or "Council" is the City Council of the City of Fairhope, Alabama. C. "Family Pool" is a swimming pool used or intended to be used solely by owner, operator, or leasee thereof and his family and by friends invited to use it without payment of any fee; and is considered a body of water in an artificial or semi - artificial receptacle or other container, whether located indoors or outdoors. D. "Person" is any person, firm,partnership, association, corporation, company, or any organization of any kind. SECTION 11 Enclosure ily swimming pool shall be wall not less than four (4) constructed as not to have 4 inches in any dimension E picket fence is erected or shall not exceed 4 inches. may be used as part of sucr All gates or doors opE equipped with a self-closir ehe' gate or door securely use, except that the door c the enclosure need not be s This requirement shall hereafter constructed, othE to all existing pools whict of swimming pool: Every outdoor tam - completely surrounded by a fence or feet in height, which shall be so openings, holes, or gaps larger than. xcept for doors and gates; and if a naintained, the horizontal dimension A dwelling house or accessory buildi enclosure. ping through such enclosure shall be g and self -latching device for keepin closed at all times when not in actua f any dwelling which forms a part of o equipped. be applicable to all new family pool r than indoor pools, and shall apply have a minimum depth of 18 inches of water. No person in possession of land within the city, either as owner, purchaser, leasee, tenant or licensee, upon which is situated a family swimming pool having a minimum depth of 18 inches shall fail to provide and maintain such fence or wall as therein provided. The owner of any existing pool which does not comply with the requirements of this ordinance, shall have sixty days after the passage of this ordinance to meet with and comply with the requirements of this Ordinance. SECTION 111: The City Council may make modifications in individual cases, upon a showing of good cause with respect to the height, nature or location of the fence, wall, gate, or late] or the necessity therefor, provided the protection as sought the: under is not reduced thereby. The City Council may permit other protective structures or devices to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate and latch described herein. s r SECTION IV: Any person, firm or corporation violating any provision of this ordinance shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine not to exceed $100.00 or by a sentence not to exceed 180 days in the City Jail or at hard labor for the City or both. ADOPTED this the �` DAY OF 1976. Attest: s/ Marie Moore City Clerk Approved s/ James P. Nix Mayor