HomeMy WebLinkAbout38.59 ORDINANCE NO. 38.59
AN ORDINANCE OF THE CITY OF SARATOGA ENDING
CHAPTER 3 OF THE SARATOGA CITY CODE BY ADDING
ARTICLE VII THEREOF, CAPTIONED "MISCELLANEOUS
PROVISIONS", AND ADDING SECTION 3-50 THERETO,
ET SEQ. RE THE FENCING OF SWIMMING POOLS AND
OPEN BODIES OF WATER.
The City Council of the City of Saratoga does hereby
ordain as follows:
the Saratoga City Co a i B n o s the
following Article and Sections and Subsections thereof, to
read as follows:
ARTICLE VII
MISCELLANEOUS BUILDING REGULATIONS
Section 3-50, Swimming Pool Fencing Required
Section 3-5q~.1. Definition - Body of Water.
The term "body of water" as hereafter used in
these sections and subsections shall mean any body of water
over 18 inches in ~eDth at any ooint, whidh is hot D~tO~a
natural or arti'ficial lake, or a stream, Or a drainage facility
under the control of the City of Saratoga, of the County of
Santa Clara, or a Flood Control or other public agency. By
way of illustration, and not by way of limitation, a body of
Water is intended to include all pools designed for wading or
swimming.
Section 3-50.2. Fence Re.qqired.
Every body of water in the City of Saratoga
shall be completely enclosed by a fence of not less than 5
ft. in hei~h~ from'finish grade measured on t'h~ outsid~
~u~ f~nce, Wh£ch shall be sO 'cOn~ucted as not to have~
~p~dings, holes or gaps larger than 4 inches in any dimen-
sion, except for doors and gates. Each door and gate in
such fence shalll be self-closing and self-latching. Fences
completely surrounding a lot, site or parcel, and one or
more walls of a building, or any combination of fencing,
building walls, and walls shall constitute compliance with
the within provisions as to fencing. Where the building
or one or more walls thereof constitutes a Dart of such
enclosure. doors in the building leading from the ~ool
area to the interior ofsuch building need not be self-
closing and self-latching.
Sectio~ 3-50.3. Retroactivity.
All existin~ bodies of water shall be comoletelV
fenced within six months zrom the ef£ective date
these regulations/~hich shall be effeC'tive £mme~iately as to
-1-
all bodies Of water presently under construction but not
· yet completed, and all future construction, save and except
as follows:
Swimming pools and wading pools which as of the
date of adoption of this Ordinance are already
enclosed by a fence of not less that 3~ ft. in
height as so measured from finish grade, and which
have self-closing and self-latching doors and gates,
shall notbe required to further comply with,the
provisions of this Ordinance.
Section 3-50.4. Variances.
The Building Inspector shall have power, in'cases
of unusual circumstances or unnecessary hardship, to permit
modifications or deviations from the above set forth fencing
regulations around bodies of water, to grant exceptions thereto,
based upon standards and criteria as developed and established
from time to time by resolution of the City Council of this
City. Reference is hereby made to Resolution Series No. 712
of this City for further particulars.
Upon the granting, conditional granting or denial
of such variance by the Building Official, any interested
person shall have the right to appeal such decision directly
to the City Council of this City, which appeal shall be a
hearing de novo, and which appeal shall otherwise be heard in
the same manner as an appeal to the Board of Appeals set forth
in Section 3-20.1 of this Code.
Section 2: If any section, subsection, sentence, clause
'or phrase of this Ordinance is for any reason held by a court
of competent jurisdiction to be invalid, such decisions shall
not affect the validity of the'remaining portions of this
Ordinance. The City Council of the City of Saratoga hereby
declares that it'would have passed this Ordinance andeach
section, subsection, sentence, clause and phrase thereof,
irrespective.of the fact that any one or more sections, sub-
sections, sentences, clausesor phrases be held invalid or
unconstitutional.
SectiOn 3: This Ordinance shall take~eff~ct and be
in full force and effect thirty (30) days afteF the date of its
passage and adoption.
The above and foregoing OrdinanCe was regularly introduced
and after the waiting time required by law was thereafter passed
and adopted at a regular meeting of the City Council of the City
of Saratoga on the 2ha day of October , 1974, by the
following vote:
AYES: Councilmen Bridges, Dir~don and Smith~
NOES: Councilman Brigham
ABSENT: Councilman ~aus
AL~4~~~ The owe and fore~oin ~s
coey , 'O,'rii~nc~ '~F.~ a true and correct ,
pui~Hs;l{,,! a-:,:~;'e;i-zg~Faw, .' which h~s' been
-2- Deputy City Clerk Date