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HomeMy WebLinkAboutAmending Chapter 14 Requirements fro residential swimming pools Amending chapter 2 schedule of ordinance & code violations ORDINANCE No. 8178-91 Passed by the Common Council of the City of South Bend, Indiana. April 8, 91 19 Attest: City Clerk IRENE K. GAMMON Attest: ' President of Common Council Presented by me,t‘ the Mayor of the City of South Bend, Indiana— April 9, 91 19 City Clerk IRENE K. GAMMON Approved and signed by me. April 10 ig 91 r3144,114- Mayor • i • BILL NO, ORDINANCE NO. 1 1 4 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, AMENDING CHAPTER 14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE INCLUSION OF NEW ARTICLE 2 ENTITLED"PUBLIC SAFETY REQUIREMENTS FOR RESIDENTIAL SWIMMING POOLS", AND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2- 213 COMMONLY KNOWN AS"SCHEDULE OF ORDINANCE AND CODE VIOLATIONS." STATEMENT OF PURPOSE AND INTENT The Common Council believes that reasonable public safety requirements are necessary to address residential swimming pools. Residential swimming pools are permitted accessory uses within our City. The following Ordinance would incorporate requirements addressing safety ladders and barriers, which are believed to be in the public interest. This Ordinance also provides for a monetary penalty of twenty-five dollars ($25.00) payable through the Ordinance Violations Bureau if a person fails to comply with these safety requirements. This Ordinance would also add a violation of this Article to the "Schedule of Ordinance and Code Violations", which are payable to the Ordinance Violations Bureau. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Chapter 14 of the Municipal Code of the City of South Bend, Indiana, is hereby amended by the inclusion of new Article 2, which shall read in its entirety as follows: Chapter 14. Specific Public Safety Regulations. Article 2. Public Safety Requirements for Residential Swimming Pools. Sec. 14-10 Compliance Required. (a) All residential swimming pools defined as any artificial body of water of permanent or temporary construction that are constructed, installed, or maintained with a filtered controlled water supply in the ground. or above the ground with the capacity for water containing forty-eight (48) inches or more in depth at any point, and which are used or intended to be used solely by the owner, tenant. or occupant of the building in the lot where located and by the family, friends, guests of such owner, tenant, or occupant, and which are located in an "A" residential area, shall be required to comply with the provisions of this Article, (b) It shall be unlawful for any owner. tenant. or occupant to erect or causes to be erected. or puts into usage or causes to be put into usage. any residential swimming pool, as defined herein, except in compliance with the provisions of this Article. Sec. 14-11 Safety Requirements. (2) Have said safety ladder locked at all times when said pool is not in use. (3) Have steps removed if said pool steps are the removable type, when said pool is not in use. (4) Have a barrier of forty-eight (48) inches or more around said pool on all sides. The wall of above ground pools shall constitute compliance with such barrier requirements. Sec. 14-12 Penalties. Any person found in violation of this Article shall be issued a twenty-five dollar ($25.00) Ordinance Violation for each violation of this Article. Each day's failure, neglect or refusal to comply with the terms of this Article shall constitute a separate offense. SECTION II. Chapter 2, Article 19, Sec. 2-213 (a) of the Municipal Code of the City of South Bend is amended with the addition of the following: Municipal Code Section Type of Violation Penalty Section 4-11 Residential Swimming Pool $25.00 SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayo de / /4 m i- of the CompAi( Council • • •- urN eF'■∎11 City of South Bend i,i; o 4 F ;.�-==% x Common Council tv //i� ` County-City Building • South Bend, Indiana 46601 1'ii� • 1865``x= March 20, 19 91 (219)284-9321 Fax (219)284-9173 Members of the Common Council Donald Niezgodski 4th Floor County-City Building President South Bend, Indiana 46601 Ann Puzzello Re: Residential Swimming Pool Regulations Vice-President Loretta Duda Dear Council Members: Chairman. Committee The attached Bill would incorporate safet y regulations of the Whole for all individuals who are owners, tenants, or occupants of a building where a residential swimming pool is located. Stephen Luecke First District This Bill would require safety ladders, requirements when such ladders should be locked, and barriers. Donald Niezgodski Second District This Bill is the result of further study in the overall William Soderberg area of safety requirements related to swimming pools. Third District I am hopeful that the Council will have the opportunity Ann Puzzello to view a video from the National Spa and Pool Fourth District Institute (NSPI) , which stresses the need for such safety equipment. Linas Slavinskas Fifth District I look forward to discussing this Bill with you, and to Thomas Zakrzewski your support. Sixth District Thank you. Sean Coleman At Large Sincerely, Loretta Duda At Large Ann Puzzello Fourth District Council Member Eugene Ladewski At Large Kathleen Cekanski-Farrand Council Attorney fiummittrt I part a!u the &mou n Mounril of the faiixn of'uuth f eni: Your Committee of the Whole to whom was referred BILL NO. 22-91 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE INCLUSION OF NEW ARTICLE 2 ENTITLED "PUBLIC SAFETY REQUIREMENTS FOR RESIDENTIAL SWIMMING POOLS" , AND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2-213 COMMONLY KNOWN AS "SCHEDULE OF ORDINANCE AND CODE VIOLATIONS. Respectfully-report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Chairman Loretta Duda FREE PRESS GRIEW PUBLISHING CO.