Ordinance No. 808ORDINANCE NO. 808
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN RE-
QUIRING ALL S. MJING POOLS TO BE FENCED AND E QUIPPED 'KITH SELF -
L,�TCHING GATES; REPEALING ORDINANCES INCONSISTENT HERU=H;
CONT� ^INING A SAVINGS CLAUSE; PRESCRIBING ? I:.AXIT'_UE_ PEN21TY OF
V-?0 HUNDRED ($200.00) DOLL,IRS; AND PROVIDING FOR THE PUBLICA-
TION AND EFFECTIVE DATE THEREOF.
1-12REAS, the City Council of the City of BgytoT•m believes, after due study
and consideration, that an ordinance regulating sl,rimming pools is necessary for the
protection of very young children and, in view of the contemplated increase of
swimming pool construction Vithin the corporate limits of the City of Baytotrm, and
the attendant hazards to young children when said pools are not completely enclosed
by a wall, fence or other substantial structure faith gates opening into such enclosure
being equipped with self - closing and self - latching devices designed to keep and
capable of keeping such doors or gates securely closed at all tines when not in actual
use; and
WHEREAS, the City Council of the City of Baytoz -m has determined that the hazard
to children in the City of Baytovn is increased by reason of the number of swimming
pools in this City and, that in the interest of public safety and the general welfare
of the inhabitants of the City of Baytown, particularly young children, that an
ordinance regulating swimming l,00ls is necessary; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOUN:
Section 1: Every person in .ossession of land -i thin the corporate limits of
the City of Baytot.rn, either as owner, purchaser under contract, lease, tenant or
licensee, upon Tthich is situated a sT:n�nming ;pool, shall at all times maintain upon the
lot or premises on which the swimming pool is located and completely surrounding the
swimming pool, a fence, wall or other solid structure no less than forty -four (44)
inches high; provided, hoT- never, the Director of Technical Inspection zrjay s =.relive such
fence, i•aall or other solid structure surrounding such pool on one or more sides if,
in his opinion, natural obstructions or barriers such as bays, rivers, seawalls
and bulkheads make such unnecessary. Every opening in such fence or wall shall be
equipped T -1th a self - closing and self - latching device designed to keep and capable of
keeping such doors or gates securely closed at all times then not in actual use.
Provided further, that swimming fools in existence on the effective date of this ordi-
nance shall be fenced in accordance frith the requirements hereinbefore set forth off# or
before the 1st day-of December, 1966, and,,thereafter it shall be unlivful to ponstruct
and maintain any siAmming pool in the corporate limits of the City of Baytown 7,7hich is
not fenced in accordance frith the requirements of this section.
Section 2: All plans hereafter submitted to the City of BaytoTTm for sirimming Fools
to be constructed shall shots compliance r•ith the requirements of the preceding section
and the final inspection and al)proval of all pools hereafter constructed shall be
withheld until all requirements of the preceding section shall have been complied with
by the owner, purchaser under contract, lessee, tenant or licensee.
Section 3: Repealinic: Clause: All ordinances or parts of ordinances inconsistent
with the terms 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 cumulative of other ordinances regulating the subject matter
covered by this ordinance.
SPCt;on 4- Savings Clause: If any provision, exception, section, subsection,
paragraph, sentence, clause or phrase of this ordinance or the application of same to
any person or set of circumstances shall for any reason be held unconstitutional, void
or invalid, such invalidity shall not effect the validity of the remaining provisions
of this ordinance or their application to other persons or sets of circumstances and
to this end all provisions of this ordinance are declared to be severable.
Section 5.- Penaltv: Any violation of any of the terms of this ordinance, - Thether
herein denominated as unlawful or not, shall be deemed a misdemeanor; and any person
convicted of any such violation shall be fined in a sum not exceeding Tw Hundred
($200.00) Dollars. Each day of the continuance of such violation shall be considered
a separate offense and he 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 from and after ten
(10) days from its passage by the City Council. The City Clerk is hereby directed to
give notice hereof by causing the captionoof this ordinance to be published in the
official newspaper of the City of PaytoT,n at least trice vdthin ten (10) days after
the passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of a majority of the members
of the City Council of the City of BaytoT:,,n on this the 25th day of August, 1966.
Seaborn Cravey, Payor
AJ-1
Edna Oliver, City Clerk
APPROV
faz
George Ch ndler, City Attorney