1990-149ORDINANCE NO. 2Q_
AN ORDINANCE AMENDING SECTION 5-176 of CHAPTER 51 ARTICLE V
(BUILDING CODE) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON
RELATING TO FENCING AND GATE REQUIREMENTS FOR SWIMMING POOLS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR
VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING
A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Sec. 305 of Section 5-176 of Article V,
Chapter 5 of the Code of Ordinances of the City of Denton, Texas is
hereby amended to read as follows:
Section 5-176. Deletions and Amendments.
A new Section 305 is added to said code which shall hereafter
read as follows:
Sec. 305. Enclosure.
(a) Enclosure.
(1) Every owner, lessee, tenant or other person
in possession of land upon which is situated
a swimming pool, spa or hot tub shall at all
times maintain upon the tract, lot or premis-
es on which the swimming pool, spa or hot tub
is located a fence, wall, barrier or other
enclosure that completely surrounds the
swimming pool, spa, or hot tub.
(2) The height of the enclosure shall be not less
than sixty (60) inches in height measured
from the adjacent exterior grade level.
(3) The enclosure shall have no openings, holes
or gaps large enough for a sphere four (4)
inches in diameter to pass through.
(b) Gates. Any gate opening directly into a swimming
pool, spa or hot tub enclosure shall be not less than
forty-eight (48) inches in height when measured from
the adjacent exterior grade level and shall be
equipped with self-closing and self-latching devices
designed to keep, and capable of keeping such gate
securely closed at all times when not in actual use.
The latching device, when located on the pool, spa or
hot tub side of the gate, shall be attached not less
than forty (40) inches above grade when measured from
the adjacent exterior grade level. If provided on the
non-pool, (exterior) side of the gate, the latching
device shall be a minimum of fifty-four (54) inches
above adjacent exterior grade.
(c) Doors. A door in an exterior wall of a dwelling unit
which allows direct access to a swimming pool, spa or
hot tub shall have a latching device installed on the
interior side of the door which does not require the
use of a key in order to exit the dwelling unit. When
more than one (1) latching device is provided, at
least one (1) such device shall be attached forty (40)
to forty-eight (48) inches above floor level. When a
single latching device is provided, it shall be
attached not less than forty (40) nor more than
forty-eight (48) inches above floor level.
An accessory building which forms part of the swimming
pool, spa or hot tub enclosure may have doors opening
on either the swimming pool, spa or hot tub side or
the non-pool, spa or hot tub side, but not on both
sides.
(d) New Installation. The owner of property on which a
private or semipublic swimming pool, spa or hot tub is
built after the effective date of this ordinance shall
comply with the provisions of this section before the
swimming pool, spa or hot tub becomes an attractive
nuisance and in all cases before filling the swimming
pool, spa or hot tub with water.
(e) Existing swimming Pool, Spa or Hot Tub Enclosures.
(1) Each owner of an existing private or semi-
public swimming pool, spa or hot tub having a
depth twenty-four (24) inches or more at any
point shall comply with section (a) hereof on
or before the 30th day of April, 1991; pro-
vided however, that each owner of a pool, spa
or hot tub shall not be required to comply
with Sec. 305(a) (3) if the enclosure sur-
rounding the pool has openings, gaps or holes
of such a size that a sphere six (6) inches
in diameter will not pass through.
(2) Each owner of a private or semipublic swim-
ming pool, spa or hot tub enclosure shall
comply with the provisions of subsection (b)
hereof on or before the 30th day of April,
1991 or whenever an addition, remodeling or
repair made to any structure on the same
PAGE 2
tract, lot or premises exceeds a valuation of
ten thousand dollars ($10,000), whichever
occurs first.
SECTION II. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$500.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION III. That if any section, subsection, paragraph,
sentence, clause phase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION IV. That the repeal of any ordinance or any portion
thereof by the preceding sections shall not affect or impair any
act done or right vested or accrued or any proceeding, suit or
prosecution had or commenced in any cause before such repeal shall
take effect; but every such act done, or right vested or accrued,
or proceedings, suit or prosecution had or commenced shall remain
in full force and effect to all intents or purposes as if such
ordinance or part thereof so repealed had remained in force.
SECTION V. That this ordinance shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the /_Ad day of 0P &k_-0 , 1990.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVE AS T LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
J
BOB CASTLEBERRY, MAYO
BY :LA5.1 '
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