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ORDINANCE No.c:t/.21
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REQUIRING THE
FENCING OF SWIMMING POOLS.
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'!HE MAYOR AND COMMON COUNCIL OF lliE CITY OF SAN BERNAR-
4 DINO 00 ORDAIN AS FOLLOWS:
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SECTION ONE: SWIMMING POOLS. FENCING. Every person in
6 possession of land within the City, either as owner, purchaser
7 under contract, lessee, tenant or licensee, upon which is situated
8 a swimming pool, shall at all times maintain on the lot or pre-
9 mises upon which such pool is located and completely surrounding
10 such pool, lot or premises, a fence or other solid structure not
11 less than four feet in height with no opening therein (other than
12 doors or gates) larger than six inches square. All gates or doors
13 opening through such enclosure shall be kept securely closed at
14' all times when not in actual use and shall be equipped with a
15 self-closing and self-latching device designed to keep and capable
16 of keeping such door or gate secutely closed at all times when not
17 in actual use; provided, however, that the door of any dwelling
18 occupied by human beings and forming any part of the enclosur,e
19 hereinabove required need not be so closed or so equipped.
20
SECTION TWO: All plans hereafter submitted to the City of
21 San Bernardino for swimming pools to be constructed shall show
22 compliance with the requirements of Section One hereof, and final
23 inspection and approval of all pools hereafter constructed shall
24 be withheld until all requirements of the preceding Section shall
25 have been complied with.
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SECTION '!HREE: The provisions of Section One shall not
27 apply to public swimming pools for which a charge Or admission
28 price is required to be paid for such use thereof, nor to swim-
29 ming pools which are a part of and located upon the same premises
30 as a hotel or motel, during the time that the owner, operator or
31 adult employee of such owner or operator is present at and in
32 active charge of the premises upon which such pool is located.
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SECTION FOUR: Swimming pools in existence on the effective
2 date of this ordinance shall be fenced in accordance with the
3 requirements of Section One on or before February 1, 1957. There-
4 after it shall be unlawful to maintain any swimming pool which is
5 not fenced in accordance with the requirements of Section One.
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SECTION FIVE: If. any sect~on, sub-section, sentence,
7 clause, phrase or portion of this Ordin~ce is for any reason held
8 to be invalid or unconstitutional by the decision of any court of
9 competent juriSdiction, s,uch dedsion shal.l not affect the validity
10 of the remaining portions' of this Ordinance. The Common Council
11 hereby declares that it would have adopted this Ordinance, and
12 each section, sentence, clause, phrase, or portion thereof, ir-
13 respective of the fact that anyone or more sections, subsections,
14 clauses, phrases or portions be declared invalid or unconstitutional
15
SECTION SIX: Any person violating Or permitting or re-
16 sponsible for the violating of any of the provisions of this
17 Ordinance shall be guilty of a misdemeanor, and upon conviction
18 thereof shall be punished by a fine of not more than Five Hundred
19 Dollare ($500.00) or by imprisonment in the City Jail of the City
20 of San Bernardino, or in the County Jail of the County of San
21 Bernardino, California, as the committing magistrate may direct,
22 for a period of not more than six (6) months, or by both such fine
23 and imprisonment. Every such person continuing, committing or
24 permitting the violation of any provisions of this Ordinance shall
25 be deemed guilty of a separate offense for each and every day or
26 portion of any day during which any violation of any provision of
27 this Ordinance is committ ed or permitted.
28 I HEREBY CERTIFY that the foregoing ordinance was duly
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adopted by the Mayor and Common Council of the City of San Bernar-
dino lit a h;f~vlmeetingther.eof held on the /~dday
of ~'J~~ ,1956~ by the fOllowing vote, to wit:
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AYES:~d~j~1h<~v~ ~^tf:u(;U:_<./
NOES: ?t~ ABSENT: ?z-h-(..
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7 of
, 1956.
Approved as to form:
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/t~~~~y' ~t,!O~~Y
tY~~G~
. . Ci ty Clerk
the foregoing ordinance this /74ctay
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JUL I ';"n
JACK T. FELTON r,',.. C.",.
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