Loading...
HomeMy WebLinkAboutORD 1979-009 ORDINANCE NO. 79-9 AN ORDINANCE OF THE CITY OF GRAPEVINE , TEXAS , PROVIDING FOR SWIMMING POOLS TO BE SURROUNDED BY A FENCE ; PROVIDING SPECIFICATIONS ; PRO- VIDING AN EFFECTIVE DATE AND APPLICABILITY OF ORDINANCE TO EXISTING SWIMMING POOLS ; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE , TEXAS : Section 1. "Swimming Pool" defined. For the purpose of this chapter , "swimming pool" shall mean all permanent structures or exca- vations which contain or may contain a body of water over twenty-four inches in depth, which is used for recreative bathing or swimming purposes . Section 2 . Required to be surrounded by fence , wall or building; exception. Every swimming pool in the city shall be com- pletely surrounded by a fence, wall or building not less than four feet in height. The provisions of this sectin shall not apply to a swimming pool completely enclosed within a build- ing. Section 3 . Specifications for fences and walls . Each fence or wall constructed around a swim- ming pool shall meet the following specifications : (a) Each fence or wall shall be so constructed as not to have openings , holes or gaps larger than four inches in any dimension. Such fence shall be permanent, shall be set and anchored firmly in the earth and may be constructed of any suitable material including wood, metal , concrete, brick, masonry or wire, but excluding barbed wire. (b) All entrances through the fence shall be pro- tected by a substantial gate or door which shall be equip- ped with self-closing and self-latching devices capable of keeping such gate securely closed when not in use. Such latching device shall be attached to the upper quarter of the gate or fence on the inside thereof ; ex- cept , that the door of any dwelling which forms a part of the enclosure of a swimming pool need not be so equip- ped. Section 4. The effective date of this Ordinance shall be April 1 , 1979. All swimming pools constructed prior to the effective date of this Ordinance shall comply with the terms of the Ordinance by September 1 , 1979 . Section 5 . Penalty. Any person violating any of the pro- visions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two hundred dollars ($200. 00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or con- tinues after the notice period provided herein has expired. The Court shall order removal and abatement of the nuisance . Section 6 . Severability. If any section, paragraph, sentence, clause, phrase or word in this ordinance, or applica- tion thereto to any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction such hold- ing shall not affect the validity of the remaining portions of the ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such in- validity, which remaining portions shall remain in full force and effect . DULY PASSED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ON FIRST READING, this the 6th day of March , 1979 . DULY PASSED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE TEXAS , ON SECOND READING, this the 20th day of March , 1979 . 6-----141Caktr— MAYOR ATTEST : i CITY SE 'E i ' APPROVED AS TO FORM: CITY ATTORNEY