Ordinance 165 Swimming Pools
ORDINANCE N0. 165-67
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA REQUIRING
FENCING AROUND ALL SWIMMING POOLS AND REQUIRING SAFETY GATES ATTACHED THERETO,
DECLARING THE VIOLATION OF THIS ORDINANCE A MISDEMEANOR, AND SETTING FORTH AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. Definition. As used in this ordinance the term "private swimming
pool' is hereby defined as any receptacle for water having a. depth a,t any point greater
• than two feet, used or intended to be used for swimming or bathing, and constructed,
installed or maintained in or above the ground as an accessory structure to a. single-
family or multiple-family residence building, including hotels, motels, apartment
houses, condominiums, cooperatives, duplexes and single-family residences, all of which
are for the exclusive use of the occupants of said residential buildings and their guests.
Section 2. A fence or screen enclosure, designed to prevent children-from in-
advertently wandering into the pool, shall completely surround any private swimming pool;
provided, however, that where a swimming pool is located on a. lot which ba.eks onto a
public wa,terwa.y, the fence or screen enclosure may be omitted across the back of the
lot where the sides of the lot are protected by a fence which extends to the end of the --
lot where it meets the waterway in such a. way that access to the swimming pool from _
a
adjacent lots on either side cannot be made. _
Section 3. The fence shall be a. minimum of four feet high, and of such
design, type and location as approved by the Building Official. The screen enclosure -
shall completely enclose the swimming pool.
Section ~E. All gates or doors opening through the fence or screen enclosure
shall be equipped with a. self-closing and self-latching device designed and capable of
' keeping such door or gate securely closed a,t a.ll times when not in actual use, and prevent ---
any child from opening such door or gate. The door of any dwelling forming part of the
enclosure hereina.bo~e required need not be so equipped. _
Section 5. The Village Council may make modification in individual cases, upon
written petition making a showing of good cause with respect to the height, nature or
location of the fence, wall, gates or latches, or the necessity therefor, or ma.y permit -
other protective devices or structures in lieu thereof. In making said modifications or
Ordinance No. 165-67
Page two
special exceptions, the Village Council shall be governed by the following standards:
The purpose of the fencing requirement herein is to prevent small children from in-
advertently wandering into family swimming pools. The Council realizes that there are
locations within the Village where an unfenced family pool would not create an obvious
In these areas where, due to the nonexistence of a substantial number of small
children, no obvious hazard exists, the Village Council may grant modifications or special
exceptions and may even dispense with the requirement for fencing. A11 such decisions-
shall be conditional and subject to revocation in the event circumstances or conditions
change in the particular location.
The provisions of this Ordinance shall become effective sixty days
from the date of passage hereof.
Section 7. The Building Official is directed to conduct an inspection of all
private swimming pools to determine compliance with this Ordinance not less than one time
per year and 'to enforce the provisions of this Ordinance.
Section 8. Any violation of the terms of this Ordinance shall be punished by
a fine not exceeding Five Hundred Dollars or imprisonment for a term not exceeding sixty
days or both such fine and imprisonment. Each da,y any violation of any provision of this
Ordinance shall continue shall constitute a, sepa.ra.te offense.
Section 14 of Ordinance 14 and Ordinance No. 153-67 a.re hereby
repealed, effective sixty days from the date of passage hereof.
PLACED ON FIRST READING THIS 12 DAY OF SEPTEMBER, 1967.
PLACED ON SECOND, FINAL, READING AND :PASSED THIS 14 DAY OF NOVEMBER, 1967.
/s/ Thomas F. Lewis
MAYOR
/s/ Dolores R. Walker
Village Clerk