§ 32-3. Barriers and enclosures.

(a)

Required. No person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant or person licensed to use the property, upon which is situated a swimming pool or other outside contained body of water designed or used for swimming, dipping or immersion purposes, with a minimum depth of eighteen (18) inches, shall fail to maintain on the lot or premises upon which such pool or body of water is located a barrier meeting the requirements set forth in this section 32-3.

(b)

Minimum Requirements. Except as otherwise provided, all swimming pools or other contained bodies of water shall meet all of the following requirements:

(1)

Be entirely enclosed by at least a five (5) foot wall, fence or other barrier as measured on the exterior side of the wall, fence or barrier. A dwelling house or accessory building may be used as part of such enclosure.

(2)

Have no openings in the wall, fence or barrier through which a spherical object four (4) inches in diameter can pass. The horizontal components of any wall, fence or barrier shall be spaced not less than forty-five (45) inches apart measured vertically or shall be placed on the pool side of a wall, fence or barrier which shall not have any opening greater than one and three-quarter (13/4) inches measured horizontally. Wire mesh or chain link fences shall have a maximum mesh size of one and three-quarters (13/4) inches measured horizontally.

(3)

Gates for the barrier or enclosure shall:

a.

Be self-closing and self-latching with the latch located at least fifty-four (54) inches above the underlying ground or on the pool side of the gate with a release mechanism at least five (5) inches below the top of the gate and no opening greater than one-half (1/2) inch within twenty-four (24) inches of the release mechanism.

b.

Open outward from the pool.

(4)

The wall, fence or barrier shall not contain openings, handholds or footholds accessible from the exterior side of the barrier that can be used to climb the wall, fence or barrier.

(5)

The wall, fence or barrier shall be at least twenty (20) inches from the water's edge.

(c)

Maintenance. Barriers and enclosures required by this section shall be maintained in proper operating order by the owner or occupant.

(d)

Openings larger than forty-eight (48) inches. Gates or doors opening through the enclosure required by paragraph (b) above which are greater than forty-eight (48) inches in width may be secured by a padlock or similar device which requires a key, electric opener or integral combination in lieu of being equipped with a self-closing and self-latching device as set forth in paragraph (b) above.

(e)

Exemptions. This section does not apply to:

(1)

A system of sumps, irrigation canals, irrigation, flood control or drainage works constructed or operated for the purpose of storing, delivering, distributing or conveying water.

(2)

Stock ponds, storage tanks, livestock operations, livestock watering troughs or other structures used in normal agricultural practices.

(3)

Public or semi-public swimming pools.

(4)

Lakes or decorative ponds.

(f)

Notice. A person shall, on entering into an agreement to build a swimming pool, spa, hot tub or other contained body of water or to sell a dwelling with a swimming pool or contained body of water, give the buyer a notice explaining safety education and responsibilities of pool ownership as approved by the department of health services and a copy of this chapter 32 of the code of the City of Glendale.

(g)

Violations. A violation of any provision of this section 32-3 shall be deemed a class 1 misdemeanor offense.

(Code 1963, §§ 27-2, 27-3; Ord. No. 1683, § 2, 4-23-91; Ord. No. 2046, § 2, 12-8-98)