13-67 ORDINANCE NO. 13-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SUBSECTIONS (a), (b) AND (f) OF SECTION
17-28.1 CODE OF ORDINANCES OF SAID CITY
PERTAINING TO THE ENCLOSURE OF SWIMMING
POOLS WITHIN THE CITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, AS FOLLOWS:
Section 1. That Subsection (a), (b), and (f) of Section
17-28.1 of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same are hereby amended to read as follows:
"Section 17-28.1 Swimming pool fences, walls.
(a) Required for private pools; commercial pools
excepted, liability insurance required. All private
or family type pools, except those defined in Subsection
(f) below, shall be enclosed by fence or other enclosures
so that the premises upon which the pool is located is
enclosed from adjoining yards or property. All pools
connected with commercial ventures such as motels, etc.,
within the city, and otherwise guarded or under the sur-
veilance by competent and responsible personnel shall
not be covered by this subsection; however, the owners
of such operations shall be required to maintain ade-
quate liability insurance policies covering said pools
in an amount of not less than $100,000 - $300,000 cover-
age, if they choose not to erect a protective fence as
described herein.
(b) Prerequisite to approval; specifications.
No swimming pool final inspection and approval shall
be given by the Building Department, unless there has
been erected a safety barrier as hereinafter provided.
The safety barrier shall take the form of a screened-in
patio, a wooden fence, a wire fence, a rock wall, con-
crete block wall, or other materials so as to enable
the owner to blend the same with the style of architec-
ture planned or in existence on the property. The safe-
ty barrier, which shall not be less than forty-eight
inches in height, shall be erected either around the
swimming pool or around the premises on which the
swimming pool is erected. In either event, it shall
enclose the area entirely, prohibiting unrestrained
admittance to the enclosed area, except that where
the entire premises are fenced, and one side fronts
on either the intracoastal waterway, a finger canal
or the ocean, then no fence shall be required along
that side fronting the water. All gates must be self-
latching with latches placed four (4) feet above the
underlaying ground or otherwise made inaccessible from
the outside to small children, provided, however, the
door of any dwelling forming part of the enclosure here-
inabove required need not be so equipped.
(f) Modification of requirements by City Council.
The City Council may make modification in individual
cases, upon a showing of good cause with respect to
the height, nature or location of the fence, wall,
Page 2. ORDINANCE NO. 13-67.
gates or latches, or the necessity therefor, or may
permit other protective devices or structures in lieu
thereof. In making said modifications or special ex-
ceptions, the City Council shall be governed by the
following standards: The purpose of the fencing re-
quirement herein is to prevent small children from
inadvertently wandering into family swimming pools.
The Council realizes that there are locations within
the city where an unfenced family pool would not create
an obvious hazard. In these areas where, due to the
nonexistence of a substantial number of small children,
no obvious hazard exists, the City Council may grant
modifications or special exceptions and may even dis-
pense with the requirement for 'fencing. All such de-
cisions shall be conditional and subject to revocation
in the event circumstances or conditions change in the
particular location."
Section 2. That if any word, phrase, clause, sentence or part
of this ordinance shall be declared illegal by a court of competent
jurisdiction, such record of illegality shall in no way affect the
remaining portion.
PASSED in regular session on the second and final reading on
the 24th day of April , 1967.
MAYO
ATTEST:
First Reading April 10, 1967
Second Reading April 24, 1967
DELRAY BEACH NEWS-JOURNAL
Published Semi.Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALNI BEACHI /1 ~ /
New~-Jommal, a sem~-weekl7 newspaper published at ~ ~each in Palm.$each.CotmtT, Florida;
in the " Court, ~ published in'said newspaper in fl~e
Affiant further says that the said Deh'ay Beaeh News-Journal is a newspaper published at Delmy
Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been
eontknuously published in said Palm Beach County, Florida, each week and has been entered
as second class mail matter at the post office in Delray Beach. in said Palm Beach Cotmty,
Florida, foe a period o! one year next preceding the first publication of the attached eopy of
vertisement; and affiant further says that he has neithee paid nor promised any person, firm
corporation any discount, rebate, commission or refund for the purpose of .qeeuring this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before me this ........ day of