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AGENDA STATEMENT
CITY COUNCIL• MEETING DATE: March 13, 1989
SUBJECT: PUBLIC HEARING: AMENDMENT OF ORDINANCE 3-87 OF THE CITY
OF DUBLIN ZONING ORDINANCE WHICH
REGULATES THE ENCLOSURE OF SWIMMING
POOLS BY MAKING A VIOLATION OF THIS
ORDINANCE AN INFRACTION
(Report by Victor Taugher, Building
Official)
EXHIBITS ATTACHED: 1) ' Draft Ordinance Amending Ordinance
3-87; reference Ordinance 3-87
attached
RECOMMENDATION: 1) Open public hearing.
�7i 2) Receive Staff presentation.
3) Receive Public Testimony.
4) Close public hearing.
5) Deliberate.
6) Waive reading and introduce Ordinance
Amending Ordinance 3-87. (Exhibit 1)
FINANCIAL STATEMENT: No cost.
DESCRIPTION:
Ordinance 3-87 replaced the provision of the County Ordinance
Code relating to enclosure of swimming pools. Ordinance 3-87 did
not include a provision for penalties in event of non-compliance.
It is proposed to make violation of the pool fencing regulations
an infraction.
Adoption of this ordinance at this time will allow this revision
to be incorporated into the Municipal Code.
ITEM NO. 45, ‘ COPIES TO:
J'
ORDINANCE NO. -89
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING ORDINANCE 3-87 WHICH REGULATES THE ENCLOSURE OF SWIMMING
POOLS BY MAKING A VIOLATION OF THIS ORDINANCE AN INFRACTION
The City Council of the City of Dublin, does ordain as follows:
Section 1: Ordinance 3-87 is amended by amending Section 7
in its entirety to read as follows: -
Section 7 : VIOLATION
Any person, firm, or corporation violating, causing, or
permitting to be violated any provision of this ordinance shall be
deemed to be guilty of an infraction.
Each person, firm, or corporation shall be guilty of a
separate offense for each and every day during any portion of which
any violation of any provision of this ordinance is committed,
continued, or permitted by such person.
Section 2 : POSTING OF ORDINANCE ,
The City Clerk of the City of Dublin shall cause this
ordinance to be posted in at least three (3) public places in the
City of Dublin in accordance with Section 36933 of the Government
Code of the State of California.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
DUBLIN ON THIS TH DAY OF , 1989 .
AYES:
NOES:
ABSENT:
Mayor '
ATTEST:
City Clerk
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f . ORDINANCE N0. 3 - Z7
AU ORDINANCE OF THE CITY OF DUZLIN
. REGULATING THE ENCLOSURE OF SWIMMING POOLS
.
The City Council of the City of Dublin; does ordain as,follows:
•• 1 Section 1 : Article B 'of Chapter 6,__of Title 3 of the Alameda
County r inance code as adopted by the City of Dublin is hereby
/ repealed.
• Section 2: DEFINITIONS '
• SWIMMING POOL. A swimming pool shall mean an outside
body of water, created by artificial means designed or used for
swimming or other inversion purposes, any portion of which .is 2 feet
deep -vr more. It shall include a fish pond or wading pool.
t
Section 3: Enclosure. •
a —
2 Every swimming pool shall be enclosed by a fence or
portion of a building wall not less than four and one-half (41)
g feet in height. Openings other than gates in the fence shall not
exceed four (4) inches in horizontal dimension. Horizontal rails
or members of the fence shall be so spaced that the fence is not
readily climbable.
Section 4: Gates. •
Each gate providing access to the pool through the fence shall
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be equipped with a self-closing, self-latchinc device designed to
not' keep the Bate securely closed at all times when nay in actual use.
The latching device of the sate_ shall be at least four (4) feet
above grade. _- .
•
Section 5: Doors .
. Where a garage forms part of the pool enclosure any doors from
the garage to the pool enclosure shall be equipped with a self-
. 4. closino, self-latching device designed to keep the door securely
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_ -__ = closed when not in actual use. The latchinc devise of the door
shall be at least four (4) feet above the floor. •
Section 6: Maintenance.
The owner or the person in possession cf the premises shall
maintain the gates, doors, and fence in aced condition at all
times. •
Section 7: Enforcement.
•
The provisions of this ordin nee shall be enforced by the City
Manager or his d�sicnated representative.
Section S: POSTING OF ORDINANCE •
• The City Clerk of the City of Dublin shall cause this
ordinance to be posted in at leas three (3) public places in the
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City of Dublin in accordance with Section ^ of the Government
Code of the State of Cal iforrn ia.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
DUBLIN ON THIS 12TH DAY OF January 1957.
AYES: CoucCcilil:e:.,,er5• Hega' , ffatt, "Snyder,
Vonheeder and Mayor -F'n-y .
NOES: Tone
ABSENT: None
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