Ordinance No. 5536
ORDINANCE NO. 553
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS REPEALING ARTICLE IV OF CHAPTER 5 OF THE
CODE OF THE CITY OF CYPRESS AND ADDING THERETO A
NEW ARTICLE IV RELATING TO SWIMMING POOLS.
WHEREAS, the City Council of the City of Cypress hereby finds, declares,
and determines that the improper maintenance of swimming pools and the lack of
appropriate precautionary measures relating thereto constitute a severe hazard
to the health and safety of the inhabitants of the City of Cypress,
NOW, THEREFORE, the City Council of the City of Cypress hereby does ordain
as follows:
SECTION 1. Article IV (commencing with Section 5 -12) of Chapter 5 of the Code
of the City of Cypress, which Article is entitled "Enclosure of Swimming Pools ",
hereby is repealed.
SECTION 2. A new Article IV hereby is added to Chapter 5 of the Code of the
City of Cypress to read as follows:
ARTICLE IV
SWIMMING POOLS
Sec. 5 -12 Swimming Pools -- Enclosure required.
No person shall maintain a swimming pool in the City unless he shall at all times
maintain on the lot or premises upon which such pool is situated an enclosure as pro-
vided in this article.
Sec. 5 -13. Specifications.
The enclosure required by this article shall consist of a wall, fence or other
substantial structure not less than five feet in height above the highest grade
adjacent thereto, and with no opening therein (other than doors or gates) larger than
three inches in a perpendicular plane with at least five feet between any horizontal
members. The enclosure shall completely surround the pool or the lot or premises
upon which the pool is located. Enclosures constructed after the effective date of
this article shall be constructed only of such materials as will make them non - climbable.
Sec. 5 -14. Gates and doors.
All gates and doors opening through an enclosure required by this article shall
be equipped with a self- closing and self - latching device designed to keep and capable
of keeping such gate or door securely closed at all times when not in actual use;
provided that the door of any dwelling house forming any part of the enclosure need
not be so equipped. The latch shall be located a minimum of four feet six inches
above grade on the outside of the gate. The gates and doors of any such enclosure
need not be kept locked or latched or closed during such time as the owner, operator
or any adult person is in active charge of the swimming pool.
Sec. 5 -15. Maintenance, Operation and Enforcement.
(a) Clarity of Water. Every owner of, and resident of, property on which there
is located a swimming pool, wading pool or other similar body of water shall maintain
the water therein in a sufficiently clear and clean condition so that a black disc,
six inches in diameter, on a white field, when placed at the bottom of such a body of
water at its deepest point, is clearly visible from the areas around the body of water
at all distances up to 10 yards from such a disc.
(b) Cleanliness of Pool. Floating scum, sputum, and debris shall not be
allowed to accumulate in the pool. Skimmers, where provided, and water levels
shall be maintained and operated to continuously remove such materials. The bottom
and sides of the pool shall be cleaned as often as necessary to keep in a clean
condition. The sides and bottom of pools, decks and other surfaces shall be kept
free of slime and algae to prevent unnecessary slipperiness and danger of accidents
or drownings.
(c) Enforcement. When a swimming pool becomes foul or stagnant through lack
of maintenance as described in the above sections, the Building Official and /or
the Health Officer shall notify the owner in writing to abate the hazard within forty -
eight hours (48). Failure to comply within specified time shall be a misdemeanor.
SECTION 3. Severability.
If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this ordinance, or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance or its application to other persons or places. The City
of Cypress hereby declares that it would have adopted this ordinance, and each
section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions, or the application thereof to any person
or place, be declared invalid or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 14th day of July, 1975.
ATTEST:
,o
L
CIT T CI O CYPRESS
0 THE C TX OF ESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF RE CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was adopted at a regular meeting of the said City Council
held on the 14th day of July, 1975 by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
CITY CLERK OF Tli'E CITY OF CYPRESS