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ORDINANCE NO. 92-0-07
AN ORDINANCE REGARDING SWIMMING POOLS, WADING
POOLS, WHIRLPOOLS, SPAS AND HOT TUBS; AMENDING
ARTICLE IX. SWIMMING POOLS OF CHAPTER 7
(BUILDINGS AND CONSTRUCTION; FIRE SAFETY) OF
THE CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA; AMENDING SECTION 7-320 (DEFINITIONS)
TO CLARIFY THE DEFINITION OF SWIMMING POOL AND
WADING POOL; AMENDING SECTION 7-324 (LOCATION)
TO PROHIBIT THE LOCATION OF SWIMMING POOLS IN
FRONT AND SIDE CORNER YARDS; AMENDING SECTION
7-325 (ENCLOSURES) TO CLARIFY THAT ALL
SWIMMING POOLS, UNLESS ENTIRELY SCREENED IN
SHALL BE COMPLETELY ENCLOSED WITH A FENCE OR
WALL AND TO REQUIRE THAT ALL WHIRLPOOLS, SPAS
AND HOT TUBS UNLESS ENTIRELY SCREENED IN OR
EQUIPPED WITH A LOCK DOWN COVER SHALL BE
COMPLETELY ENCLOSED WITH A FENCE OR WALL;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND
CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. Section 7-325 of the Code of Ordinances currently
requires all swimming pools to be enclosed with a fence or wall
whether or not the pool is entirely screened in.
2. It is not necessary for safety purposes for a pool to be
both screened and enclosed by a fence or wall.
3. The definition of swimming pool in Section 7-320 does not
currently include whirlpools, spas, or hot tubs.
4. For the safety of the citizens of Edgewater, it is
necessary to address the enclosure of whirlpools, spas and hot
tubs.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF ARTICLE IX. SWIMMING POOLS OF CHAPTER 7
(BUILDINGS AND CONSTRUCTION; FIRE SAFETY) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Article IX. is hereby amended as follows:
Article IX. Swimming Pools
Sec. 7-320 Definitions.
As used in this article, the following terms shall have the
respective meanings ascribed to them:
Struck through passages are deleted.
Underlined passages are added.
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Swimming pool: A body of water in an artificial or semi-artificial
receptacle or other container whether located indoors or outdoors,
used or intended to be used for public, semi-public, or private
swimming or other water-related recreational activities by adults
and/or children, whether or not any charge or fee is imposed upon
such adults or children, operated and maintained by any person, and
shall include all structures, appurtenances, equipment, appliances
and other facilities appurtenant to and intended for the operation
and maintenance of a swimming pool. This definition shall include
whirlpools, spas, and hot tubs unless separately identified.
Wading pool:
Any cndHURing pool with a surface area of less than
two hundred fifty (250) square feet and less than twenty-four (24)
inches in depth at any point. Wading pools shall not be required
to comply with this article, eltCept that pIano ohall be oubmitted
for appro~al and permito, and the requiremento of oection 7 323(a)
ohall be complied ~d th.
Sec. 7-324 Location.
(a) Front yard and side corner yard swimminq pools are
prohibited.
Sec. 7-325 Enclosures.
ill All swimming pools
conotructed in a :yard
unless
entirely screened in shall be completed enclosed with a fence or
wall.
In addition, an acceptable ocreen pool enclooure may be
added. FenceD or ~mllo ohall be at least four (4) feet high, aREi
not more than Oilt (6) feet high, and so constructed as to not be
readily climbable by small children. All gates or doors providing
access to pool area shall be equipped with a self-closing and self-
latching device installed on the pool side for keeping the gates or
doors securely closed at all times when the pool area is not in
actual use, except that the door of any dwelling which forms a part
of the enclosure need not be so equipped.
..lQl All whirlpools, spas or hot tubs unless entirely screened
in or equipped with a lock down cover shall be completely enclosed
with a fence or wall at least four (4) feet hiqh and so constructed
Struck through passages are deleted.
Underlined passages are added.
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as' to not be readily climbable bv small children.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof,
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provision thereof shall be held to be inapplicable
to any person, property, or circumstances, such holding shall not
affect its applicability to any other person, property, or
circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
of Ordinances of the City of Edgewater, Florida, and the word
"ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect on June 15, 1992.
PART F.
ADOPTION.
After Motion by Councilperson Gillespie and Second by
Councilman Jones, the vote on the first reading of this ordinance
held on May 18, 1992, was as follows:
Mayor Tanya B. Wessler AYE
Councilman Kirk Jones AYE
Councilperson Louise Martin AYE
Councilperson NoraJane Gillespie AYE
Councilman Michael Hays AYE
Struck through passages are deleted.
Underlined passages are added.
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After Motion by Councilperson Gillespie and Second by
Councilman Hays, the vote on the second reading of this ordinance
was as follows:
Mayor Tanya B. Wessler Absent
Councilman Kirk Jones AYE
Councilperson Louise Martin AYE
Councilperson NoraJane Gillespie AYE
Councilman Michael Hays AYE
PASSED AND DULY ADOPTED this 15th day of June, 1992.
CITY COUNCIL OF THE
CITY OF EDGEWAnTER`.,�FLORIDA
Louise Martin
Vice Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Rrista A. Storfy
City Attorney
StEuekthreucgh passages are deleted.
Underlined passages are added.
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