HomeMy WebLinkAboutOrdinances_1148_CCv0001.pdf ORDINANCE NO. 1148
IN ORDINAINCE OF THE CITY OF REDLANDS , STATE OF CALIFORNIA., REGULATING THE FENCING OF
SW11WING POOLS
The City Council of the City of Redlands , State of California, does ordain
as follows
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SECTION 1 , PUBLIC POLICY, It is found, declared and determined that
private swimming pools shall be fenced as a precautionary measure to prevent.
severe hazard to the health, safety, and welfare of the inhabitants of the
City of Redlands , particularly children,
SECTION 2. PERSON DEFINED. For the purpose of this ordinance the term
"person" shall include, but riot be limited to, any individual , firm associa-
tioh, partnership, trust, corporation, political subdivision within the City
of Redlands , or other form of organization whether operating for profit or
otherwise..
SECTION 3. CONTROL..
(a) No person in possession of land within the City of Redlands ,
either as owner,. purchaser under contract, lessee, tenant,
licensee or otherwise, upon which is situated a swimming
pool or other out-of-doors body of water designed, constructed
and used for swimming, dipping or immersion purposes by men,
women or children; having a depth in excess of eighteen (18)
inches:, shall fail to maintain on the lot or premises upon
which such pool or body of water is located and completely sur-
rounding such pool or body of water, a fence or wall not less
than four (4) feet in height,, there shall be no openings, holes
or gaps therin larger than four (4) inches square ; such openings .,
holes, or gaps shall not be constructed in a horizontal series
constituting steps or other means of access 4 provided, however,
that if a picket fence is erected or maintained the openings or
spaces between the pickets shall not exceed four (4) inches ; pro-
vided, further, that a dwelling house or accessory building may
be used as a part of such enclosure,
(b) All gates or doors opening through such enclosure shall be equip-
ped with a self-closing and self-latching device , not less than
four (4) feet high, designed to keep, and capable of keeping
such door or gate securely closed at all times when not in actual
use ; provided, however, that the door of any dwelling occupied
by human beings and forming any part of the enclosure hereinabove
required need not be so equipped.
(c) Any swimming pool constructed after the effective date of this
Ordinance shall be constructed so that there shall be at least
five feet between the main building and the swimming
pool , and there shall be at least ' five feet between a side
lot line or a rear lot line and the swimming pool , and there shall
be at least five feet between any auxiliary building and the
swimming pool , except that lesser distances may be permitted bet-
ween a swimming pool and a building, if the swimming pool is so
designed as to maintain the structural integrity of the structures
involved,
Ordinance No. 1148
Page -2-
SECTION 4- NEW CONSTRUCTION. All plans hereafter submitted to the City
of Redlands for swimming pools to be constructed shall show compliance with the
requirements of the preceding section and final inspection and approval of all
pools hereafter constructed shall be withheld until all requirements of the
preceding section shall have been complied with
SECTION 5. MODIFICATIONS ,
(a) 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 , gates ., or latches , or the necessity
therefor, provided the degree of protection, provided for herein,
is not reduced thereby.
(b) The City Council may permit other protective devices or structures
to be used so long as the degree of protection afforded by the sub-
stitute devices or structures is not less than the protection
afforded by the fence ,, gate and latch described herein .
(c) Upon the application of a property owner, the City Council may
grant extensions of time for compliance , in individual cases, upon
a showing of good cause, Such extensions of time shall not exceed
30 days at a time,
SECTION 6. EXISTING POOLS. Swimming pools in existence on the effective
date of this Ordinance shall be fenced in accordance with the requirements of
this ordinance on or before April 1 , 1961 ,
SECTION 7 , CONSTITUTIONALITY CLAUSE, If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held -to be invalid or
unconstitutional by the decision of any court: of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of the ordi-
nance., The City Council hereby declares that it would have passed this ordi-
nance, and each section, subsection, sentence , clause and phrase hereof', ir-
respective of the fact that any one or more of the sections , subsections, sen-
tences , clauses or phrases hereof be declared invalid or unconstitutional ,
SECTION S. PENALTIES , Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor , and upon conviction thereof
shall be punishable by a fine of not more than five hundred ($500.00) ,
or by imprisonment for a period of not more than six (6) months, or by both
such fine and imprisonment. Such person shall be deemed guilty of a separate
offense for every day during any portion of which any violation of any provision
of this ordinance is committed, continued or permitted by such person and shall
be punishable therefor as provided by this ordinance.
SECTION 9. ADOPTION. This Ordinance shall take effect thirty days after
the date of its adopt-ion, and prior to the expiration of fifteen days from its
passage shall be published once in the Redlands Daily Facts a newspaper of
general circulation printed and published in the City of Redlands .
SECTION 10, The City Clerk shall certify to the adoption of this ordinance
and cause the same to be published once in the Redlands Daily Facts , a newspaper
of general circulation printed and published in this city.
Certified a true copy:
H. R. Whaley, City Clerk