HomeMy WebLinkAbout04-26-1976 Regular MeetingSTATE OF ALABAMA
COUNTY OF BALDWIN
The City Council of the City of Fairhope met in regular session at
the City Administration Building, 387 Fairhope Avenue, Monday,
April 26, 1976 at 7:00 P.M. with the following members present:
Mayor James P. Nix, Councilmen: David E. Bishop, H. G. Bishop, Sam
E. Box, 011ie E. Deese and Barney L. Shull.
Minutes of the previous regular meeting were approved.
Motion by Councilman Box seconded by Councilman Shull that Ordin-
ance No. 574, AN ORDINANCE TO ADOPT THE NATIONAL FIRE CODES,
VOLUMES ONE THROUGH SIXTEEN PUBLISHED BY THE NATIONAL FIRE PRO-
TECTION ASSOCIATION AND REPEALING ANY AND ALL ORDINANCES IN CON-
FLICT THEREWITH, introduced at the regular meeting of April 12,
1976 be adopted as introduced. Motion carried.
Motion by CouncilmanShull seconded by Councilman Box that Mr. Jaso;
Kutack be reappointed to the Library Board for a five year term
ending May, 1981. Motion carried.
Motion by Councilman Box seconded by Councilman Deese that Mr.
Kenneth Cain be appointed to the School of Organic Education
Board of Directors to May, 1979 replacing Mr. Buddy Richman whose
term has expired. Motion carried.
Motion by Councilman H. G. Bishop seconded by Councilman Barney
Shull that Counc reaffirm appointments of Mrs. Helen Dys6�9and
Mr. Marvin Bergl$7to the School of Organic Education Board of
Directors. Motion carried.
Councilman David Bishop introduced the following Ordinance:
ORDINANCE NO. 575
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 of swimming pool: Every outdoor
family swimming pool shall be completely surrounded by a fence or
wall not less than four (4) feet in height, which shall be so
constructed as not to have openings, holes, or gaps larger than
4 inches in any dimension except for doors and gates; and if a
picket fence is erected or maintained, the horizontal dimension
shall not exceed 4 inches. A dwelling house or accessory building
may be used as part of such enclosure.
All gates or doors opening through such enclosure shall be
equipped with a self -closing and self -latching device for keeping
the gate or door securely closed at all times when not in actual
use, except that the door of any dwelling which forms a part of
the enclosure need not be so equipped.
This requirement shall be applicable to all new family pools
hereafter constructed, other than indoor pools, and shall apply
to all existing pools which 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
latches or the necessity therefor, provided the protection as
sought thereunder 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.
SECTION 1V. 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.
ADDOPTED this the 26th day of April, 1976.
ATTEST:,
sty c er
Councilman David Bishop moved that all rules governing the council
which might, unless suspended, prevent the passage and adoption
of the ordinance at this meeting, be and the same are hereby sus-
pended for the purpose of permitting the said ordinance to be
finally passed and adopted at this meeting. Councilman Barney
Shull seconded the motion. The question was put before the Counci:
-and on roll call the vote was as follows: Yea: Councilmen: David E
Bishop , H. G. Bishop, Sam E. Box, 011ie E. Deese and Barney L.
Shull. Nay: None. Motion adopted by unanimous vote of the Counci:
Councilman David E. Bishop moved that Ordinance # 575 be finally
passed and adopted as introduced. Motion seconded by Councilman
Barney Shull. The question of final passage and adoption of said
Ordinance was put to vote of the council and on call of the roll
the results were as follows: Councilmen: David E. Bishop, H. G.
Bishop, Sam E. Box, 011ie E. Deese and Barney L. Shull. Nay: None.l
Ordinance # 575 finally passed and adopted as introduced.
Proposed parking lot plan prepared by Mr. Harford Field was pre-
ented to the Council. Motion by Councilman Barney Shull seconded
by Councilman Box that Council approve plan as presented. Motion
carried.
Councilman Barney Shull reported on the progress of the Recreation
Program.for the summer.
Motion by Councilman Barney Shull seconded by Councilman H. G.
Bishop that bills for Park.and Recreation Special Projects be
approved for payment in the amount of $2,703.65. Motion carried.
Motion by Councilman Sam Box seconded by Councilman David Bishop
that City sell 1962 Pick-up truck as is. Motion carried.
Motion duly made, seconded and carried that the meeting adjourn.
ApprovE
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