§ 7-25. Fence requirements for pools; permit; penalty.

(a)

Definitions. The following words when used in this section shall be construed as indicated below:

Outdoor swimming pool. Any structure, basin, chamber or tank containing a body of water utilized for private or public swimming, diving, bathing or the immersion or partial immersion therein of human beings, and having a depth of two (2) feet or more at any point, and located on premises outside of a residence, building or other structure. This definition shall also include hot tubs, whirlpools, and spas that are located outside of a residence, building or other structure and meeting the above water depth criteria.

(b)

Fencing required; specifications. Every person, firm or corporation in possession of land or premises within the Corporate limits of the City of Pearland, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated an outdoor swimming pool shall at all times maintain upon such land or premises on which the outdoor swimming pool is located, a fence, wall or barrier completely surrounding and enclosing such outdoor pool on such land or premises. The fence, wall or barrier required hereby shall not be less than four (4) feet in height with no openings, holes or gaps larger than four (4) inches measured in any direction, except that such openings for a picket fence or a picket-type fence (one composed primarily of vertical members) shall be measured in a horizontal direction between members. Gates and doors opening directly into any enclosure of such land or premises as required by this section shall be equipped with self-closing and self-latching devices designed to keep and capable of keeping such doors or gates securely closed at all times when not in actual use. Said latching device shall be attached to the upper quarter of such gate or door. Provided, however, if the outdoor pool is inaccessible in any manner except through the living quarters of a building or structure there need be no other enclosure and such gates or doors as may exist in such living quarters enclosure need not be so equipped as hereinabove otherwise required. Provided, further, that a building, dwelling, house, accessory building or existing walls may be used as part of such enclosure, whether fence, wall or solid structure, around an outdoor swimming pool. Provided, however, that property abutting a natural or man-made waterway, such as a lake, lagoon, creek, bayou, canal or similar body of water, with a depth greater than two (2) feet, may use such water barrier in lieu of a wall or fence.

(c)

Permits. No outdoor swimming pool shall be constructed in the city in the future unless a building permit shall be issued by the building inspector. All plans hereafter submitted to the building inspector for outdoor swimming pools to be constructed within the city shall show compliance with the requirements of this section. The final inspection and approval by the building inspector of all outdoor swimming pools hereafter constructed shall be withheld until all requirements of this section have been complied with by the owner, purchaser under contract, lessee, tenant or licensee.

(d)

Compliance period. All existing outdoor swimming pools within the City of Pearland, shall be in compliance with the requirements of this section within twelve (12) months from the date of final passage hereof. Provided, however, that any owner, purchaser under contract, lessee, tenant or licensee, of premises containing an outdoor swimming pool which is enclosed by fence, wall or other solid structure, and in existence on the date of final passage hereof, who fails to comply with all requirements of this section, may be issued a letter of exception by the building inspector and relieved of the obligation of complying with a specific requirement of this section, if in the judgment of the building inspector the exception otherwise complies with the intent of this section.

(e)

Penalty for violation. Any person, firm or corporation, who shall maintain any outdoor swimming pool within the Corporate limits of the City of Pearland, Texas, which pool is not enclosed in accordance with the requirements of this section, shall be guilty of a misdemeanor and shall upon conviction, be subject to a fine not exceeding two hundred dollars ($200.00) for each offense. Each day a violation of this section is permitted to continue shall constitute a separate offense.

(Ord. No. 422, § 1, 12-8-80)