Ord. 0422 12-08-80ORDINANCE NO. 4 2 2
AN ORDINANCE AMENDING CHAPTER 7, OF THE CODE OF
ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY
ADDING SPECIFIC SECTIONS THERETO; PROVIDING FOR
AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section I
That Article II of Chapter 7 of the Code of Ordinances of the
City of Pearland, Texas, be and the same is hereby amended by adding
a section to be numbered as 7-25, which section shall henceforth
read as follows:
"Sec. 7-25. Fence requirements for pools; permit; penalty.
(a) Definitions - The following words when used in this section
shall be construed as indicated below:
(1) Outdoor Swimming Pool - Any structure, basin, chamber
or tank containing a body of water utilized for private or public
swimming, diving, bathing or the immersion or partial immersion there-
in of human beings, and having a depth of two (2) feet or more at any
point, and located on premises outside of a residence, building or
other structure. This definition shall also include Hot Tubs, Whirl-
pools, and Spas that are located outside of a residence, building or
other structure and meeting the above water depth criteria.
(b) Fencing required; specifications - Every person, firm or
corporation in possession of land or premises within the Corporate
limits of the CITY OF PEARLAND, either as owner, purchaser under
contract, lessee, tenant or licensee, upon which is situated an out-
door swimming pool shall at all times maintain upon such land or
premises on which the outdoor swimming pool is located, a fence, wall
or barrier completely surrounding and enclosing such outdoor pool on
such land or premises. The fence, wall or barrier required hereby
shall not be less than four (4) feet in height with no openings,
holes or gaps larger than four (4) inches measured in any direction,
except that such openings for a picket fence or a picket -type fence
(one composed primarily of vertical members) shall be measured in a
horizontal direction between members. Gates and doors opening
directly into any enclosure of such land or premises as required by
this section shall be equipped with self -closing and self -latching
devises designed to keep and capable of keeping such doors or gates
securely closed at all times when not in actual use. Said latching
devise shall be attached to the upper quarter of such gate or door.
Provided, however, if the outdoor pool is inaccessible in any manner
except through the living quarters of a building or structure there
need be no other enclosure and such gates or doors as may exist in
such living quarters enclosure need not be so equipped as hereinabove
otherwise required. Provided, further, that a building, dwelling,
house, accessory building or existing walls may be used as part of
such enclosure, whether fence, wall or solid structure, around an
outdoor swimming pool. Provided, however, that property abutting a
natural or man-made waterway, such as a lake, lagoon, creek, bayou,
canal or similar body of water, with a depth greater than two (2)
feet, may use such water barrier in lieu of a wall or fence.
(c) Permits - No outdoor swimming pool shall be constructed in
the City in the future unless a building permit shall be issued by
the building inspector. All plans hereafter submitted to the build-
ing inspector for outdoor swimming pools to be constructed within the
City shall show compliance with the requirements of this section.
The final inspection and approval by the building inspector of all
outdoor swimming pools hereafter constructed shall be withheld until
all requirements of this section have been complied with by the owner,
purchaser under contract, lessee, tenant or licensee.
(d) Compliance period - All existing outdoor swimming pools
within the CITY OF PEARLAND, shall be in compliance with the require-
ments of this section within twelve (12) months from the date of final
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passage hereof. Provided, however, that any owner, purchaser under
contract, lessee, tenant or licensee, of premises containing an
outdoor swimming pool which is enclosed by fence, wall or other
solid structure, and in existence on the date of final passage hereof,
who fails to comply with all requirements of this section, may be
issued a letter of exception by the building inspector and relieved
of the obligation of complying with a specific requirement of this
section, if in the judgment of the building inspector the exception
otherwise complies with the intent of this section.
(e) Penalty for violation - Any person, firm or corporation,
who shall maintain any outdoor swimming pool within the Corporate
limits of the CITY OF PEARLAND, TEXAS, which pool is not enclosed in
accordance with the requirements of this section, shall be guilty of
a misdemeanor and shall upon conviction, be subject to a fine not
exceeding Two Hundred Dollars ($200.00) for each offense. Each day
a violation of this section is permitted to continue shall constitute
a separate offense.
Section II
If any section, paragraph, clause, or sentence shall be declared
void or unenforceable or unconstitutional, it is hereby declared the
intention of the City Council of the CITY OF PEARLAND, TEXAS, that
the remainder of such ordinance shall remain in full force and effect.
Section III
It is the intention of the City Council, and it is hereby ordained,
that the provisions of this Ordinance shall be made part of the Code
of Ordinances, CITY OF PEARLAND, TEXAS, and the sections of this
Ordinance may be renumbered to accomplish such intention.
Section IV
All provisions of the Code of Ordinances of the CITY OF PEARLAND,
TEXAS, in conflict with amendments herein made are hereby expressly
repealed to the extent of such conflict.
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Section V
T'nis Ordinance shall be effective and in full force on the
tenth day after its publication in the official newspaper of the
CITY OF PEARLAND, TEXAS.
PASSED and APPROVED ON FIRST READING this cal/ day of
A.D. 1980.
MAYOR, CITOF P 'D, TEXAS
ATTEST:
Ass%• City secretary
PASSED and APPROVED ON SECOND and FINAL READING this
,A.D. 1980.
ATTES
APPROVED AS TO FORM:
ity ' orney
MAYOR, CITY OF PEARLAND, TEXAS
VOTING RECORD: OR INANCE
FIRST RE:.:WING: (Date) ,/-;id. se
AYgS: COUNCILMEN A r
HOPS. Q
SECOND READI Z3: (Date) '; -
AYES: COUNCILMEN
a e-,r4.-
NOES• e7
L-City Secretary
EFFECTIVE DATE: December 21, 1980
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