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HomeMy WebLinkAboutOrdinance #655 • ORDINANCE No. 655 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RELATING TO SWIMMING POOLS; THE FENCING THEREOF, ADDING A N94 ARTICLE TO THE HUNTINGTON BEACH ORDINANCE CODE AND ADDING SECTIONS 81411 81429 8143, 81449 8145 and 8146. The City Council of the City of Huntington Beach, Cal- ifornia, do ordain as follows: Section 1: There is hereby added a new Article to the Huntington Beach Ordinance Code , designated as Article i . 814, entitled "Swimming Pools" , said Article to be placed fol- lowing Article 813 in the Huntington Beach Ordinance Code. Section 2: There is hereby added to the Huntington Beach Ordinance Code Sections 8141, 81429 8143, 8144, 8145 and 8146, to be in words and figures as follows: Section 8141. Swimming Pools. Fencing. Every person in possession of. land within the City, either as owner, . pur- chaser under contract, lessee , tenant or licensee, upon which is situated a swimming pool, shall at all times maintain on the lot or premises upon which such pool is located and com- pletely surrounding such pool, lot or premises, a fence or other solid structure not less than four feet in height with no opening therein (other than doors or gates) larger than six inches square . All gates or doors opening through such en- closure shall be kept securely closed at all times when not in actual use and shall be equipped with a self-closing and Ord. No. 655 self-latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use ; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclo- sure hereinabove required need not be so closed or so equipped. Section 8142. - Requirements. All plans hereafter sub- mitted to the City of Huntington Beach for swimming pools to be constructed shall show compliance with the requirements of Section 8141 .hereof, and final inspection and approval of all pools hereafter constructed shall be withheld until all requirements -of Section 8141 shall have been complied with. Section 8143. Exe-mptions. The provisions ' of Section i 8141 shall not apply to public swimming pools for which a charge or admission price is required to be paid for such use thereof, nor to swimming pools which are a part of and located upon the same premises as a hotel or motel, during the time that the owner, operator or adult employee of such owner or operator is present at and in active charge of the premises upon which such pool is located. Section 8144. Fencing Existing Pools. Swimming pools in existence on the effective date of this ordinance shall be fenced in accordance with requirements of Section 8141 on or before the 90th. day after the effective date of this or- dinance . Thereafter, it shall be unlawful to maintain any 2. Ord. No. 655 swimming pool which is not fenced in accordance with the re- quirements of Section 8141. Section 8145. If any section, sub-section, sentence , clause , phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not af- fect the - validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance , and each section, sentence , clause , phrase; or portion thereof, irrespective of the fact that any one or more sections, sub-sections, clauses, phrases or portions be declared invalid or unconstitutional Section 8146. Penalty. Any person violating or per- mitting or responsible for the violating of any of the provis- ions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the City Jail of the City of Huntington Beach, or in the County Jail of the County of Orange, California, as, the com- mitting magistrate may direct, for a period of not more than • six (6) months, or by both such fine and imprisonment. Every such person continuing, committing or permitting the viola- tion of any provisions of this ordinance shall be deemed guilty of a separate offense for each and every day or portion of any day during which any violation of any provision of this ordinance is committed or permitted. • ►s 3. Ord. No. 655 Section 3: That the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper published, printed and cir- culated in the City of Huntington Beach, Orange County, Calif- ornia , and thirty (30) days after the adoption thereof the same shall take. effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 5th day of February 1957. V:i..cLor Ter z-r i Mayor ATTEST: City lerk BY: jr: � y LF Ord. No�. 655 STATE OF CALIFORNIA , ) County of Orange ) ss City of Huntington Beach ) I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do here- by certify that the whole number of members of the City Council of the City of Huntington Beach is five ; that the foregoing ordinance was first read to said City Council at a regular meeting thereof held on the 2 st day of Januall 1957, and was again read to said City Council at a regulaf meeting thereof held on the 5th day of February , 1957, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council as follows: AYES: Councilmen: Bryant, Bartlett, Lockett, Irby, Terry NOES: Councilmen: None • .ABSENT: Councilmen: None Cit Jerk and ex-officio Clerk of e City Council of the City of Huntington Beach, California • BY: Deputy