[HISTORY: Adopted by the Borough Council of the Borough of
Walnutport as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-14-1991 by Ord. No. 91-3 (Ch. 23, Part 1, of the
1983 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
An outdoor swimming pool used or intended to be used solely
by the owner of a residential property, his family, or lessee thereof
and his family, and by guests invited to use it without the payment
of any fee.
This article shall apply to all new outdoor swimming pools hereinafter
constructed, as well as existing swimming pools, whether aboveground
or in the ground and having a depth of 18 inches or more at any one
point.
A.
All swimming pools to be constructed, or which already have been
constructed, shall be enclosed by a fence which shall be a minimum
of four feet, and a maximum of six feet, in height and shall be so
constructed as to have no openings, holes or gaps larger than two
inches in any dimension. If the fence or wall is a picket fence, the
horizontal dimensions maintained shall not exceed four inches. A dwelling
or accessory building may be used as part of such enclosure.
B.
All gates or door openings through such enclosure shall be equipped
with a self-closing, self-latching device on the pool side for keeping
the gate or door securely closed at all times when not in use, except
that the door of any dwelling or accessory building which forms a
part of the enclosure need not be so equipped. The fence shall surround
the pool and the deck area. Fences shall be erected around all existing
swimming pools no later than May 31, 1993.[1]
[1]
Editor's Note: Date of "May 31, 1993," inserted at direction
of the Borough.
C.
Portable aboveground pools having walls which extend four feet or
greater in height above ground may be excluded from the fencing requirement;
provided, such pools are equipped with access ladders which may be
raised and locked in a near-vertical position when the pool is unattended.
An aboveground pool as described in this subsection which is serviced
by a ladder or steps which cannot be raised and locked so as to prevent
access by small children shall be enclosed in accordance with this
article.
D.
In the event that access to the swimming pool surface is provided
by permanent ladder or steps, so that the same may not be removed
and stored in accordance with this section, then, in that event, a
nonclimbable self-locking gate shall be constructed at the top of
the steps along with such other nonclimbable fencing as may be sufficient
to prohibit access to the swimming pool.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not less than $100 nor more than $600, and in default to
payment of imprisonment for a term not to exceed 30 days. Each day
that a violation of this article continues shall constitute a separate
offense.
