§ 43-33. Enclosure of aquatic structures.

(a)

The operator of a residential pool or spa shall at all times maintain an enclosure that consists of a man-made, permanently installed fence, wall or barrier completely surrounding and enclosing the residential pool or spa. A building or existing wall may be used as part of an enclosure constructed as required herein. The enclosure shall:

(1)

Measure not less than four feet in height, with no openings, holes, or gaps larger than four inches as measured in any direction, except that such openings for a picket fence or a picket-type fence (one composed primarily of vertical members) shall be measured in a horizontal direction between members; and

(2)

Include self-closing and self-latching devices on the upper quarter of all gates and doors opening directly into the enclosure, so that the doors or gates remain securely closed at all times when not in actual use, except that the door of any residential dwelling that forms any part of the enclosure need not be so equipped.

(b)

The operator of a facility that is regulated by Chapter 757 of the Texas Health and Safety Code shall at all times maintain an enclosure that complies with those provisions of that chapter adopted by reference in section 43-6(a) of this Code, and the city may remedy violations of this subsection in accordance with the provisions of Section 214.101 of the Local Government Code, including the placement of a lien against the property to recover expenses incurred pursuant to remediation.

(c)

The operator of a facility that is regulated by Subchapter L of Chapter 265 of Title 25 of the Texas Administrative Code shall at all times maintain upon such property an enclosure that complies with the requirements of Section 265.200 of that subchapter adopted by reference in section 43-6(a) of this Code.

(d)

It shall be unlawful for the operator of an aquatic structure to fail to comply with this section. Each day that a violation continues shall constitute a separate offense. A violation of this section is also a violation of article IX of chapter 10 of this Code.

(e)

Any person may advise the appropriate enforcement officer regarding an enclosure that is damaged, deteriorated, substandard, dilapidated or otherwise in a state that poses a hazard to the public health, safety and welfare.

(Ord. No. 2010-908, § 2(Exh. A), 11-17-2010, eff. 1-1-2011)