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AN ORDINANCE TO AMEND CHAPTER 105, SECTION 105-230 KNOWN AS THE SWIMMING POOLS/ENCLOSURE ORDINANCE PROVIDING FOR CHANGES IN THE ENFORCEMENT AND RULES AND DECLARING AN EMERGENCY TO PROVIDE CLARITY IN THE EXISTING ORDINANCES AND THE PRESERVATION OF PUBLIC PEACE, HEALTH AND SAFETY OF OUR YOUTH
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WHEREAS THE CITY OF JONESBORO DESIRES TO PROMOTE A HEALTHY ENVIRONMENT AND THE CONTINUED SAFE COMPLIANCE WITH ALL ADOPTED BUILDING CODES WITHIN OUR RESIDENTIAL NEIGHBORHOODS.
BE IT ORDAINED BY THE CITY COUNCIL OF JONESBORO, ARKANSAS:
SECTION I: CHAPTER 105, SECTION 105-230 - ENCLOSURE REQUIRED, SHALL BE AMENDED TO READ AS FOLLOWS:
Sec. 105-230. - Enclosure required.
(a) Every outdoor pools or family pools shall be completely surrounded by a fence or barrier a non-climbable type of construction not less than four feet in height above the finished ground level measured on the side of the barrier away from the pool, which shall be so constructed as not to have openings, holes or gaps larger than two inches in any horizontal dimension nor four inches in any vertical dimension, except for doors and gates; and, if a picket fence is erected or maintained, the horizontal dimensions shall not exceed two inches. A dwelling house or accessory building may be used as part of such enclosure.
(b) All gates or door openings through such enclosures shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
(c) This requirement shall be applicable to all new swimming pools or family pools hereafter constructed, other than indoor pools, and shall apply to all existing pools.
SECTION II: All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION III: It is further found that due to the immediate need to provide clarity to the existing ordinances, an emergency is declared to exist and this ordinance being necessary for the preservation of the public peace, health and safety, shall take effect from and after its passage and approval.
PASSED AND ADOPTED this 3rd day of October, 2013.