8.32.040 Fence or wall required.
Every person who shall own or be in possession of any premises on which there is situated a swimming pool, fish pond, wading pool, or any other outside body of water created by artificial means, designed or used for swimming or other immersion purposes, by men, women, or children, any portion of which is two feet deep or more and the surface area of the water in which does not exceed 10,000 square feet shall maintain on the lot or premises upon which such swimming pool, fish pond, wading pool or other artificial body of water is located and completely surrounding such body of water, lot, or premises, a fence, wall, or other structure not less than five feet in height with no openings, except doors or gates, with an area greater than 50 square inches, except that a rectangular opening having no horizontal dimension exceeding four inches may have a greater area, constructed as follows:
(1) Wood Fences. Wood fences shall have posts not less than three inches by three inches, spaced not over 10 feet on centers, and embedded at least 18 inches into the ground. Posts, other than redwood, shall be treated with a preservative. Fencing shall be at least one-half inch in thickness and fastened securely to at least two rails not less than two inches by three inches in cross section.
(2) Wire Fences. Wire fences shall be constructed of wire mesh of not less than 11 gauge galvanized steel wire supported on one-and-one-fourth-inch diameter galvanized pipe spaced not over 10 feet on centers. Posts shall be embedded at least 12 inches into concrete fill-in holes not less than six inches in diameter and 18 inches in depth.
(3) Masonry Fences. Masonry fences shall be supported on a foundation of concrete extending at least 12 inches below grade, at least 12 inches in width, and at least six inches in thickness. Wall steel, when required, shall be embedded 16 diameters into the footing.
(4) Approved Alternate. If the city engineer finds that any other type of construction has resulted in, or will result in, a fence in all respects the equivalent in strength and durability to a fence constructed as provided in subsection (1), (2) or (3) of this section, such type of construction may be used. All fences or walls six feet in height or more shall comply with the provisions of the building code of the city of Cudahy.
(5) Supervision. In lieu of maintaining a fence, such persons may provide a competent person who shall keep the pool under observation at all times while water is kept in the pool. In the event the pool is not under the observation of a competent person, a pool cover or other protective device approved by the city engineer may be used.
(6) This chapter does not apply to a portable swimming pool. (2002 Code § 17-2.4).