HomeMy WebLinkAboutO-1972-938
e
.
ORDINANCE NO.
938
~.
AN ORDINANCE REQUIRING ALL SWIMMING POOLS TO BE FENCED AND
EQUIPPED WITH SELF-LATCHING GATES; REPEALING ORDINANCES INCON-
SISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE:
Section 1. Every person in possession of land within the
corporate lirnits of the City of La Porte, either as owner, pur-
chaser under contract, lessee, tenant or licensee, upon which is
situated a swimming pool, shall at all times rnaintain upon the
lot or prernises on which the swimming pool is located and com-
..
pletely surrounding the swimming pool, a fence, wall or other
-.
solid structure no less than forty-four (44) inches high; provid-
ed, however, the Building Inspector rnay waive such fence, wall or
other solid structure surrounding such pool on one or rnore sides
if, in his opinion, natural obstructions or barriers such as bays,
rivers, seawalls and bulkheads rnake such unnecessary. Every open-
ing in such fence or wall shall be equipped with a self-closing
and self-latching device designed to keep and capable of keeping
such doors or gates securely closed at all tirnes when not in
actual use. "Swimming Pool" is defined as any structure, basin,
chamber, tank or other receptacle capable of containing an arti-
ficial body of water for swimming, diving or recreational bath-
-.
ing and having a depth of three (3) feet or more. Provided fur-
ther, that swimming pools in existence on the effective date of
this ordinance shall be fenced in accordance with the require-
rnents hereinbefore set forth on or before the 1st day of March,
1973, and thereafter it shall be unlawful to construct and main-
tain any swimming pool in the corporate lirnits of the City of
La Porte which is not fenced in accordance with the requirements
of this section.
Section 2. All plans hereafter submitted to the City of
La Porte for swimming pools to be constructed shall show corn-
-.
pliance with the requirernents of the preceding section and the
final inspection and approval of all pools hereafter constructed
shall be withheld until all requirernents of the preceding sec-
tion shall have been cornplied with by the owner, purchaser under
contract, lessee, tenant or licensee.
'.:':
.
.
.
e
e
Ordinance No.
Q'5A
, Page 2.
Section 3. Repealing Clause. All ordinances or parts of
ordinances inconsistent with the terrns of this ordinance are
hereby repealed; provided, however, that such repeal shall be
only to the extent of such . inconsistency, and in all other
respects this ordinance shall be curnulative of other ordinances
regulating the subject matter covered by this ordinance.
Section 4. Savings Clause. If any provision, exception,
section, subsection, paragraph, sentence, clause or phrase of
this ordinance or the application of sarne to any person or set
of circurnstances shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the validity
of the rernaining provisions of this ordinance or their applica-
tion to other persons or sets of circumstances and to this end
all provisions of this ordinance are declared to be severable.
Section 5. Penalty. Any violation of any of the terrns of
this ordinance, whether herein denominated as unlawful or not,
shall be deemed a rnisderneanor; and any person convicted of any
such violation shall be fined in a sum not exceeding Two Hundred
($200.00) Dollars. Each day of the continuance of such violation
shall be considered a separate offense and be punished separately;
and any person, agent or employee engaged in such violation shall
on conviction be so punished therefor.
Section 6. Effective Date. This ordinance shall take
effect frorn and after fourteen (14) days frorn its passage by the
City Commission. The City Clerk is hereby directed to give
notice hereof by causing the caption of this ordinance to be
published in the official newspaper of the City of La Porte
at least twice within ten (10) days after the passage of this
ordinance.
PASSED AND APPROVED, this the 2nd
day of October,
1972.
CITY OF LAPORTE
BYZ. ~~AAI
E. A. ; 6~'" -Mayor
-.
.
.
.
e
e
Ordinance No.
938
, Page 3.
..,
/
"
APPROVED, ~
~nefd ·