OR 176 Requires all swiming pools within the corporate limits of the City be enclosed AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 176
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, REQUIRING
ALL SWIMMING POOLS WITHIN THE CORPORATE LIMITS OF THE CITY TO BE
ENCLOSED BY A FENCE, WALL OR OTHER SOLID STRUCTURE; REPEALING ANY
PART OF ANY ORDINANCE IN CONFLICT WITH THIS ORDINANCE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS
ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00)
FOR EACH OFFENSE; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS.
SECTION 1. FENCE OR OTHER ENCLOSURE REQUIRED FOR
SWIMMING POOLS.
(a) Every person in possession of land within the
corporate limits of the City, either as owner, purchaser under
contract, lessee, tenant or licensee, upon which is situated a
swimming pool shall at all times maintain upon the lot or premises
on which the swishing pool is located, and completely surrounding
the swimming pool, lot or premises, a fence, wall or other solid
structure designed to prevent small children from inadvertently
wandering into the pool. Such fence or other solid structure shall
not be less than four (4) feet in height.
(b) Such fence or enclosing structure shall be con-
structed and maintained so that there will be no hole or gap therein,
which would allow an object ~--.-___r inches in diameter to pass
through such hole or gap except through a door or gate meeting the
requirements of this ordinance.
SECTION 2. DOORS AND GATES.
Said fence or enclosing structure may be equipped with
one or more of ~e following types of doors or gates and none other:
(a) A gate or door used for general ingress or egress
to and from the enclosed area which is not a door of an occupied
dwelling, which dwelling structure forms a part of the enclosure
required by this ordinance. Such gate or door shall be equipped
with and shall be maintained with self-closing and self-latching
devices designed to keep and capable of keeping such door or gate
securely closed and latched at all times when not in actual use,
and such latching device to be attached to the upper quarter of
the gate or door.
(b) A gate or door used for general ingress or egress
to and from the enclosed area, which is a part of an occupied
dwelling which said occupied dwelling forms a part of the enclosure
required by this ordinance. Such gate or door need not be equipped
with self-closing or self-latching devices.
(c) A gate or door not used for general ingress or
egress to and from the enclosed area. Such gate or door need not
be equipped with self-closing or self-latching devices, provided
it is equipped with and maintained with some type of permanent
locking device. Provided, however, it shall be unlawful and a
violation of this ordinance for any said person to permit such
a gate or door to remain open or unlocked while unattended.
SECTION 3. FAILURE TO MAINTAIN ENCLOSURE, UNLA~qFUL.
It shall be unlawful to maintain any swimming pool
with the corporate limits of the City which is not fenced in
accordance with the requirements of this ordinance.
SECTION 4. PL~S FOR NEW CONSTRUCTION AND TIME FOR
COMPLIANCE IN REGARD TO EXISTING SWI~4ING
POOLS.
All plans submitted to the City for swimming pools
to be constructed shall show compliance with the requirements of
this ordinance, and the final inspection and approval of all pools
constructed shall be withheld until all requirements of this ordi-
nance have been complied with by the owner, purchaser under contract,
lessee, tenant or licensee. This ordinance shall apply to
swimming pools in existence at the time of the passage of this
ordinance, provided, however, the owner thereof shall have ~
days from and after the passage of this ordinance in which to
bring his property into compliance with the terms of this ordinance.
SECTION 5. REPEALING CLAUSE.
All ordinances, or parts of ordinances, inconsistent
or in conflict with the provisions of this ordinance are hereby
repealed.
APPROVED AS TO ORM:
CITY AT RNEY
SECTION 6. SEVERABILITY CLAUSE.
If any article, paragraph or subdivision, clause,
phrase or provision of this ordinance shall be adjudged invalid
or held unconstitutional, the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof,
other than the part so decided to be invalid or unconstitutional.
SECTION 7. PENALTY CLAUSE.
Any person, firm or corporation violating any of the
provisions of this ordinance shall be deemed guilty of a mis-
demeanor and, upon conviction, shall be punished by a penalty
of fine not to exceed the sum of Two Hundred Dollars ($200.00)
for each offense, and each and every day such offense is con-
tinued shall constitute a new and separate offense.
SECTION 8. EMERGENCY CLAUSE.
The fact that the present City regulations are inade-
quate to properly protect the public health, safety and welfare,
creates an urgency and an emergency and requires that this ordi-
nance shall take effect immediately from and after the publication
of its caption, as the law in such cases provides.
DULY PASSED by the City Council of the City of Coppell,
Texas, this //~--~ day of ~J , 1977.
APPROVED~~
MAYOR