Ordinance No. 110 - Regulating the Maintenance of Swimming Pools and FencingORDINANCE NO. 11o
AN ORDINANCE OF THE CITY OF ROSEMEAD
REGULATING THE MAINTENANCE OF SWIMMING
POOLS AND FENCING THEREOF AND AMENDING
THE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1.. The Municipal Code of the City of Rosemead
is herebyy amence3'by adding a new Chapter 8 to Article III
thereof to read as follows:
CHAPTER 8 - SWIMMING POOLS
3800. Fences Required. Every person, firm or corporation
in possession of land within the City of Rosemead
either as owner, purchaser under contract, lessee,
tenant or licensee, upon which is situated a swimming
pool or outside body of water having a depth of over
eighteen (18).inches shall maintain on the lot or
premises upon which said swimming pool or body of
water is situated, a. fence or wall not less than five
(5) feet in height above ground level at all places,
with openings, holes or gaps therein no larger than
four (4) inches in any dimension except for, doors or
gates.; provided, however, that if a picket fence is
erected or maintained, the horizontal dimension between
pickets shall not exceed four (4) inches. Said fence
or wall shall completely enclose such pool or body of
water. A residential structure or accessory building
may be used as part of such enclosure. No fence or
wall shall be erected or maintained that affords
ladder- like access. All gates and doors shall be
self-locking and self-latchin99.by means of a device
located not less than four (4) feet above the ground.
Any door which shall open directly from a garage or
other accessory building to the area in which a
swimming pool or body of water is located, when the
garage door itself is opened, shall be se lf-locking
and self-latching.
Wire fences shall be constructed of galvanized wire
• mesh, minimum 11 gauge, with galvanized pipe posts of
at least one and one-fourth (14) inch diameter spaced
not more than ten feet apart. Posts shall be set in
not less than twelve (12) inches of concrete in ppost
holes six (6) inches in diameter and eighteen (18)
inches deep.
3801.. Applicability to Existinq and Future Construction. The
requirements of this chapter snail apply to existing
swimming pools and outside bodies of water and all
plans hereafter filed for construction of swimming
pools or bodies of water shall show compliance with
this chapter. Final inspection and approval of all
swimming pools or bodies of water shall be withheld
until all requirements of this chapter have been met.
3802. Conform in with Zoning Regulations. Any fence or wall
erecte or t e purpose o complying with this chapter
shall conform to all zoning regulations of the City
of Rosemead, provided further that no swimming pool
or outside body of water shall be constructed where
protective fencing required by this chapter will be
in conflict with said zoning regulations.
3803. Relie.f:in'Hardshi Cases. When practical difficulties,
unnecessary ar s ips or results inconsistent with the
general intent and purpose of this chapter occur by
reason of strict interpretation of any of its provisions,
the Planning Commission upon its own motion, or upon
the verified application of any-interested person; shall
-initiate proceedings for consideration of the granting
of a variance from the requirements of this chapter-
and thereafter may grant a variance upon such conditions
as,it may deem appropriate to carry out the purposes.'of
this chapter. For purposes of granting a variance to
this chapter the Planning Commission may, but is not;
required to set such application for a public hearing:
3804. Appeal. An appeal may be had to the City Council from
a decision of the Planning Commission as follows:
(A) Withlhjif.teen (15) days after receipt of written
notice of the decision of the Planning Commission con-
ceening such variance application, any person affected
Thereby including any city official, may appeal to the
City Council, by filing with the City Clerk a Notice of
Appeal setting forth the grounds of such appeal, except
in the case of an appeal filed by a city official, such
Notice of Appeal shall be accompanied by a Ten Dollar
($10.00) filing fee.
(B) Unless the City Council, within thirty (30) days
40 after Notice of Appeal has been filed, determines to
orant a hearing or to refer the matter back to the
Planning Commission for rehearing, the appeal shall
be deemed dismissed and the decision of the Planning
Commission shall th 3reupon become final.
(C) If the City Council determines to hear the appeal,
ten (10) days written notice of such hearing shall
be mailed by registered or certified mail to the appel-
lant and to all persons who requested such notice at
the time of the hearing upon the application for
variance before the Planning Commission.
(D) The City Council may consider the appeal on the
record, if any, made before the Planning Commission,
or de novo; and thereafter the City Council may
• refer the matter back to the Planning Commission for
further consideration or may reverse, affirm or modify
the decision of the Planning Commission subject to
the same standards and limitations imposed upon the
Planning Commission by this chapter. Except as
herein expressly otherwise provided, the decision
of the City Council shall be final.
PASSED, APPROVED cnd ADOPTED this day of 1963.
ti
MAYOR OF THE CITY OF OS D
ATTEST:
CITY CLERK
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