22-66 ORDINANCE NO. 22-66.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR THE ENCLOSURE OF SWIM-
MING POOLS WITHIN THE CITY AND
PROVIDING FOR PENALTY FOR VIOLATION.
WHEREAS, the City Council of the City of Delray
Beach, after due consideration, believes that the health,
safety and public welfare of the citizens of Delray Beach
will best be served by adding a section to the Code of
Ordinances of the City of Delray Beach to provide for
the enclosure of swimming pools and other pools with
depths of more than twenty-four inches.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby
amended by adding Section 17-34 to read as follows:
"Section 17-34. Enclosure of Swimming Pools;
(a) All private or family type pools 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 surveilance by competent and respon-
sible personnel shall not be covered by this
subsection; however, the owners of such
operations shall be required to m~intain
adequate liability insurance policies
coverSng said pogls in an amount of.not less
than $100,000 - $300,000 coverage, if they
choose not to erect a protective fence as
described herein.
(b) 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, concrete block wall, or
other materials so as to enable the owner
to blend the same with the style of
architecture planned or in existence on the
property. The safety 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 en-
tirely, prohibiting unrestrained admittance
to the enclosed area. Gates shall be of the
spring lock type, so that they shall auto-
matically be in a closed position at all
times. Gates shall also be equipped with a
safe lock, and shall be locked when the
swimming pool is not in use.
(c) No person in possession of a family
pool within the City, either as owner, pur-
chaser, lessee, tenant or a licensee, upon
Page 2. ORDINANCE NO. 22-66.
which is presently situated a swimming pool
or family pool having a minimum depth of
twenty-four inches as determined hereinabove
shall fail to provide and maintain such
fence or wall as herein provided.
(d) No building permit shall be issued for
the construction of a family pool unless
there is clearly shown on the plans sub-
mitted to the City Building Inspector or on
other construction specifications submitted
to the City Building Inspector provisions to
comply with this section.
(e) Although the provisions of this ordinance
are limited in applicability, nothing contained
herein shall diminish or otherwise abate the
applicability, force and effect of Sections 17-
29 and 17-30 of this Code which provide that
a swimming pool or other dangerous excavation
in the earth may be considered a public
nuisance under certain circumstances or any
other ordinances regulating the construction,
use and/or maintenance of swimming pools or
family pools.
~£) The Board of Adjustment may make modifi-
cation in individual cases, upon a showing of
good cause with respect to the height, nature
or location of the fence, wall, gates or
latches, or the necessity therefor, provided
the protection as sought hereunder is not
reduced thereby.
(g) Any person presently in violation of
this Ordinance due to an existing swimming
pool or family pool as of the effective date
of this Ordinance shall have sixty days from
that date to comply with the requirements set
forth herein.
(h) The penalty for a violation of this
section shall be as provided in section 1 - 6
of this Code."
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 2@th day of March , 1966.
ATTEST:
-~ City C~~
First Reading March 14, 1966
Second Reading March 28~ 1966
DELRAY BEACH NEWS-JOURNAL
Published Semi.Weekly
Delmy Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACHI
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NOTARY PUBLIC, STATE of FLORIDA al [ARGE
MY CO~I&IISS~ON EXPIRES FEB. 21, 1969
~,mrch 11, 1966
City Council
Delray Beach, Florida
Re~ Compulsory fencing of fmmily swimmin~ pools
Gentlemen ~
At ~ dir~tion, I have ~af=~ ~ ordl~nc~ r~ir~g
of f~ily ~lng
Flori~ Statutes. since X did not have ~e ~efit of a
S~p ~ti~ wl~ Council to ~~e e~ctly ~mt
to include, ~e present ordin~ is a c~ilation of provi-
sions fr~ ~ral cities ~roughout ~e State, but
Boston B~, Boca Raton ~d Plan~tion.
fr~ West P~ B~h, Vi11~ of Nor~ P~ Beth, 0~
~le ~r=~, ~lfport ~d Riviera ~ach.
~ will ~ happy =o inelu~ ~y ~ifica~ons that ~ may
City Attorney