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 .
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MAYOR
ATTEST :
i
CITY SE 'E i '
APPROVED AS TO FORM:
CITY ATTORNEY