HomeMy WebLinkAboutORD NO 2859EMERGENCY ORDINANCE NO. 2859
NEW SERIES
AN EMERGENCY ORDINANCE OF %'HE COUNCIL OF THE
CITY dE BAKERSFIELD AMENDING CHAPTER 15.48 OF
THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO
EENCING SWIMMING POOLS, SPAS, PRIVATE PONDS
AN[) LAKES, CANALS AND DIICHES.
WHEREAS, existing regulations on the fencing ,of swimming
pools, fish ponds, wading pools and other outdoor bodies of water
created by artiticial means have not been updated for more than
twenty-five years, and tail to provide sufficient guidelines to
provide maximum public protection consistent with reasonable
regulation, and
WHEREAS, the months of July and August are the months
of maximum puDlic danger from unfenced pools and other such
bodies of water and it is necessary to aaopt this ordinance as an
emergency ordinance for the immediate preservation of the public
health, property and satety.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows.
SECTION 1.
Chapter 15.48 of the Bakersfield Municipal Co,de is
hereby amended to read as follows:
FENCING SWIMMING POOLS, SPAS, PRIVATE PONDS
AND LAKES, CANALS AND DITCHES
Sections.
15.48.010
15.48.020
15.48.030
15.48.040
15.48.050
Protective enclosures tot swimming ]pools,
spas, private ponds and lakes.
Protective enclosures ~or canals and ditches.
Doors or gates.
Extension ot time-
Enforcement.
15.48.0~0 Protective enclosures for ~wimm~ing~p.9o~s,
p~ivat~ ~OhdS And ~lakes.
A. Every person who owns or is in possession ot any
premises on which there is situated a swimming pool, spa, hot
tub, fishpond, wading pool, or private ponG or lake, or any other
outside body ot water. any o~ which has a water depth o~ eighteen
inches or more in any portion thereof, shall maintain on the lot
or premises upon which the swimming pool, spa, hot tub, fishpond,
wading pool, or private pond or lake is located and completely
surrounding the body ol water, 1otr or premises, a fence, wall,
or other adequate structure to make the water inaccessible to
small children. Groundwater recharge basins owned or operated by
a public agency are exempted ~rom the requirements ot this chapter.
B. The fence, wall, or other structure must be not
less than four and one-halt teet in height with no openings large
enough to admit a child except through doors or gates as provided
in Section 15.48.030.
C. For purposes o~ this Chapter, a tence around a yard
or private development containing the pool, pond, or lake shall
be sufficient if the fencing meets the requirements of subsection
b. of this section.
15.48.020 Pr~_[~ive enclosures _fpr c~als and ~itches.
A. Any person who owns, is in possession of, maintains,
or has control over any open canal or ditch or any portion thereof,
whether artiticially created or not, in which there is maintained,
either permanently or occasionally, any water, which water is of
a depth of eighteen inches or more in any portion of the canal
or ditch, owned, possessed, controlled or maintained by the
person, shall surround the portion ot the canal or ditch with a
fence, wall, or other adequate structure to make the canal or
ditch inaccessible to small children, provided, however, that
such requirements shall not apply to any canal or ditch located
more than 1/4 mile from property used for residential purposes or
to any canal located less than 1/4 mile from property used for
residential purposes but which, because of existing fencing or
other physical constraints, is not ~enerally accessible to small
children.
B. The fence, wall or ot~er structure must be not less
than five fleet in height with no openings large enough to admit
2 o
a child except through doors or gates as provided in Section
15.48.030. From and after September 1~ 1983, any such fence
which is newly constructed or reconstructed shall be not less
than six feet in height.
15.48.030 D~or_s_ ~ ~t es.
A. All doors or gates in fences, walls or other structures
required by this chapter shall be of such size as to completely
fill any opening in the fence, wall, or other structure and shall
be equipped with self-closing and self-latching devices capable
of keeping the gate or door securely closed, which closing or
latching devices shall be located not less than four feet abovegrade
or otherwise be inaccessible from fhe outside to small children.
B. In lieu of such self-closing and sel~-latching
devices, said doors and gates on fences, walls or other structures
surrounding swimming pools or spas may be equipped with locks
which shall be kept locked at all times when the swimming pools,
spas, or hot tubs are not in actual use.
15.48.040 Extension of time.
When it is determined by the council that strict compliance
with the terms of this chapter will not materially benefit or
safeguard the public and that the work to be done will result in
undue hardship to the owners or occupants or persons in possession
or in control of the property, compliance shall not be required,
or the council in other cases of undue temporary hardship, may
extend the time of compliance, but in no event to exceed one
hundred eighty days at any one time.
15.48.050 Enforcement.
The enforcement of the provisions of this chapter shall
be by any officer or employee of the building department of the
City.
SECTION
This emergency ordinance
preservation of the public health,
become effective
is necessary for the immediate
property and safety and shall
immediately upon its passage.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing ordinance was passed
and adopted by the Council of the C, ity of Bakersfield at a regular
meeting thereof held on the 13th day Of July, 1983, by
the following vote;
~--C~:-?:' u-_: ? ~!: .... ~IA_ ,~!._ ......
CITY CLERK a~qd Ex/officio Clerk of
Council of the City of Bakersfield
APPROVED this 13th day of July, 1983
APPROVED as to Form:
CITY ATTORN~.~ of the Cfty
Bakersfield
AJ$/bl
6/16/83,
7/8/83
7/7/83
Aff av of r naa es
STATE OF CALIFORNIA, }
County of Kern ss.
PHILIP KELMAR, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
July 14
that or~ .............................................................................................................................., 19.....8.....3.. he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on July 13 19...~_.3...., which ordinance
was numbered_ ............~.~.~.? ..................New Series, and entitled:
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING CHAPTER 15.48 OF
THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO
FENCING SWIMMING POOLS, SPAS, PRIVATE PONDS
AND LAKES, CANALS AND DITCHES.
~ Cit~r Clerk
Subscribed and sworn to before me this
1,4~;.h .. day of .................JT.~Y.. ..........................,1.9._~3