CITY OF ELY

LINN COUNTY, IOWA

ORDINANCE No. 194

AN ORDINANCE TO AMEND FENCE REQUIREMENTS FOR SWIMMING POOLS

SECTION 1. §6-13-8.B Repealed. Section 6-13-8.B of the Ely Code of Ordinances is hereby repealed in its entirety

SECTION 2. §6-13-8.B ADOPTED. The following is hereby adopted as Section 6-13-8.B of the Ely Code of Ordinances:

6-13-8.B. Fenced enclosures shall be provided for those outdoor swimming pools of a permanent nature designed or constructed to remain in place for at least six months with a depth of eighteen (18) inches or more and shall be subject to the following requirements:

1. Fences must be at least four (4) feet in height from ground level but not to exceed seven (7) feet from the top rim of the pool, and have no spaces that would allow a four (4) inch sphere to pass through.

2. Fences must have a self-closing and self-latching device on the gate.

3. Fences must be located so no part thereof is within three (3) feet of an alley.

4. Front yard fences may not extend into the area of the front yard between the front lot line and the front yard setback requirement designated in this ordinance.

SECTION 3. REPEALER CLAUSE. Any ordinance, provision or part thereof, which differs or is inconsistent with this ordinance is hereby repealed, to the extent of said difference or inconsistency.

SECTION 4. SEVERABILITY. If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of the ordinance as a whole, or any section, provision or part thereof not adjudged invalid or unconstitutional

SECTION 5. EFFECTIVE DATE. This ordinance shall be in effect from and after final passage, approval, and posting and publication of this ordinance as required by law.

Introduced this 12^th day of March, 2007, and adopted by the City Council of the City of Ely, Iowa this 9^th day of April, 2007.

Dale Stanek, Mayor

Attest:

Aaron Anderson, Clerk/Administrator