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ORD 1985-17 - Swimming Pool Gates• A ORDINANCE NO. 85 -17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, REQUIRING ALL SWIMMING POOLS TO BE FENCED AND TO HAVE SELF - CLOSING AND SELF - LATCHING GATES; PROVIDING A PENALTY OF $200 PER DAY; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: Chapter 6, Buildings and Building Regulations, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by amending subsection (9)(a) of Section 6 -2 (D) to read as follows: (9) Section 315 is amended to read: 315 - Final Inspection - Enclosure Required. All swimming pool installations must be completed. The pool shall be completely filled with water and in operation before final inspection. (a) For the safety of others, the pool shall be completely enclosed with an approved wall, fence or other substantial structure not less than four (4) feet in height and so constructed as entirely to enclose the area on which the swimming pool is located and to bar all reasonable and normal access to the swimming pool except through a substantial gate or gates, or a gate which is kept locked when the pool is not in use, which gates are the same height as the fence; all gates shall be provided with self- closing and self - latching mechanisms which shall keep the gates closed at all times; openings in a fence shall not permit the passage of a sphere six (6) inches in diameter. Section 2. Any person, firm, or corporation violating any provisions of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor and subject to a fine of up to Two Hundred Dollars ($200.00) upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this Ordinance or non - compliance with any requirement of this Ordinance shall constitute a distinct and separate offense. The violation of any provision of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. Section 4. All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. Section 5. The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten days of final passage. This ordinance shall take effect ten (10) days after the date 14 of final passage. iil ti PASSED AND APPROVED this day of , 1985. ATTEST. THE CITY OF HUNTSVILLE eShaw, City Secretary APPROVED AS TO FORM: Scott Bounds, City Attorney