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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 i053WEFA-C '072790 Pu,bt,,Rid- .)- �-aa a cN.aq-4D 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. & a "'." John�Cuto, Mayor /'cemr -2- ATTEST: Casaie Be Hansen Town Clerk REV ED BY; 7/- !� Paul L. Nordsn Town Manager APPROVED AS TO FORM: Willlani E. Farre Town Attorney u -3-