HomeMy WebLinkAboutOrd 1990-10ORDINANCE NO. 90-10
AN ORDINANCE OF THE MAYOR AND COMMON
COUNCIL OF THE TOWN OF FOUNTAIN HILLS,
ARIZONA AMENDING ARTICLE 4, SECTION
4.2(16)(b) AND ARTICLE 7 SECTION
7.2(11)(b) CONCERNING THE USE OF RESI-
DENTIAL STRUCTURE WALLS AS PART OF THE
PROTECTIVE FENCE REQUIREMENT FOR PRIVATE
SWIMMING POOLS IN RESIDENTIAL DISTRICTS.
BE IT ORDAINED by the Mayor and Common Council of the
Town of Fountain Hills, Arizona as follows:
Section 1. That Article 4 Section 4.2(16)(b) is
hereby amendedto read as follows:
b. Private swimming pool along with incidental
installations, such as pumps and filters, provided such pool and
incidental installations are located in other than the required
front yard and completely enclosed from adjoining lots by a solid
® wall or protective fence of not less than five (5) feet in height
and provided such pool sets back from all lot lines a distance of
not less than three (3) feet. Residential structure walls
containing an exterior entry door may be used'in meeting the pool
enclosure requirement. Any fence/ wall used for pool enclosure
may not contain any openings that might be used for foothold
climbing purposes (e.g., unslatted chain link fence). Every
opening in a required pool fence/wall shall be provided with a
minimum five (5) foot high self_closing gate, which shall open
outwards away from the pool and shall have a self -latching latch
or lock in good condition, with the latch/lock placed at least
fifty (50) inches above the underlying ground and with the clos-
ing device (spring, pneumatic, etc.) at least thirty-six (36)
inches above the underlying ground. Any vertical opening or open-
ing at ground level in a pool enclosure fence (e.g. wrought iron)
shall be of such size that a spherical object four (4) inches in
diameter cannot pass through the openings. Wrought iron or wood
barriers or enclosures shall be constructed with at least fifty-
four (54) inches between the top surfaces of the horizontal mem-
bers. All fish pond& and other contained bodies of water, either
above or below ground level, with the container being eighteen
(18) inches or more in depth and/or wider than eight (8) feet at
any point measured on the long axis shall conform to the location
and enclosure requirements for swimming pools. Irrigation and
storm water retention facilities and the water features in public
parka and golf courses are exempt from the fencing requirements
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of this provision. It is the responsibility of the property
owner to ensure that any pool enclosure fence and its
appurtenances (e.g., gates, latching devices, locks, etc.) are
maintained in safe and good working order.
Section 2 That Article 7 Section 7.2(11)(b) is hereby
amended to rea�as follows:
b. Private swimming pool along with incidental
installations, such as pumps and filters, provided such pool and
incidental installations are located in other than the required
front yard and completely enclosed from adjoining lots by a solid
wall or protective fence of not less than five (5) feet in height
and provided such pool sets back from all lot lines a distance of
not less than three (3) feet. Residential structure walls
containing an exterior entry door may be used in meeting the pool
enclosure requirement. Any fence/ wall used for pool enclosure
may not contain any openings that might be used for foothold
climbing purposes (e.g., unslatted chain link fence). Every open-
ing in a required pool fence/wall shall be provided with a mini-
mum five (5) foot high self -closing gate, which shall open out-
wards away from the pool and shall have a self -latching latch or
lock in good condition, with the latch/lock placed at least fifty
(50) inches above the underlying ground and with the closing
device (spring, pneumatic, etc.) at least thirty-six (36) inches
above the underlying ground. Any vertical opening or opening at
is be
level in a pool enclosure fence (e.g. wrought iron) shall
be of such size that a spherical object four (4) inches in
diameter cannot pass through the openings. Wrought iron or wood
barriers or enclosures shall be constructed with at least fifty-
four (54) inches between the top surfaces of the horizontal mem-
bers. All fish panda and other contained bodies of water, either
above or below ground level, with the container being eighteen
(18) inches or more in depth and/or wider than eight (8) feet at
any point measured on the long axis shall conform to the location
and enclosure requirements for swimming pools. Irrigation and
storm water retention facilities and the water features in public
parks and golf courses are exempt from the fencing requirements
of this provision. It is the responsibility of the property owner
to ensure that any pool enclosure fence and its appurtenances
(e.g., gates, latching devices, locks, etc.) are maintained in
safe and good working order.
PASSED AND ADOPTED this 16th day of Auguat, 1990.
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John�Cuto, Mayor
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ATTEST:
Casaie Be Hansen
Town Clerk
REV ED BY;
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Paul L. Nordsn
Town Manager
APPROVED AS TO FORM:
Willlani E. Farre
Town Attorney
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