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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 .- 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