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The Corporation of The Town Of Essex
By-Law Number 314
A by-law for requiring owners of privately
Owned outdoor swimming pools to erect and maintain fences and
gates around such swimming pools and for prescribing the height and
description of, and the manner of erecting and maintaining such fences
and gates.
Whereas the Municipal Council of the Corporation of the Town of Essex has deemed it
advisable to pass this By-Law pursuant to the provisions of the Municipal Act, R.S.O.
1990, Chapter 302, Section 210, Paragraph 30, and all amendments thereto;
Now therefore the municipal Council of the Corporation of the Town of Essex enacts
as follows:
1.
In this by-law "Swimming Pool" shall mean any artificially constructed pool
designed for bathing purposes and without limiting the generality of the
foregoing, shall mean pool above or below ground level, or partly above and
partly below ground level capable of being filled with water to a depth of sixty
centimeters (60 cm) or more.
2.
No person shall maintain a privately owned outdoor swimming pool within the
Corporate limits of the Town of Essex unless such pool or the land or a part of
the land on which such pool is located is effectively fenced and/or enclosed in
accordance with the following provisions:
a)
Every fence shall be not less than one hundred and twenty centimeters
(120 cm) in height.
b)
Every fence shall be so constructed that all horizontal or diagonal
structural members of the fence shall be located on the inside or
poolside of the fence.
c)
Every fence shall be so constructed that it cannot be used in a manner
similar to a ladder.
d)
A dwelling, house, building or accessory building may be utilized to
effectively enclose any pool.
e)
Every fence shall be so constructed so as to have the only means of
access to the pool by gates and/or doors provided that:
(i)
All gates and doors shall be equipped with a self-closing device
and a self-latching device on the side nearest the pool at the top
of the gate to the intent that all gates or doors will remain
securely closed when the pool is not in use.
(ii)
Each gate must be equipped with a lock and each gate must be
locked when the pool is not in use.
(iii)
Part (i) shall not apply to the door of any dwelling house which
forms part of the enclosure.
(iv)
Where a swimming pool is located above the ground and has
sides of 1.2 metres (4 feet) in height or greater, a fence of the
above specifications shall not be required except to enclose any
appurtenances to the pool such as filter arrangement, decks,
stairs or entrance ladders.
f)
The use of barbed wire in any manner, or any device for projecting an
electric current in connection with or through any such perimeter fence
is prohibited.
3.
No person shall erect or maintain, or cause to be erected or maintained within
nine metres (9m) of any roadway intersection, any fence more than seventy
centimeters (70cm) in height above the grade level of the roadway, unless the
portion exceeding seventy centimeters (70cm) in height is built of wire only
and does not obstruct the view of persons approaching such intersection.
4.
The provisions of this by-law shall apply to all privately owned outdoor
swimming pools regardless of the date of construction of such swimming pool.
5.
Every person who contravenes any provisions of this By-Law is guilty of an
offence and on conviction is liable to a fine as provided for in the Provincial
Offences Act.
6.
By-Law number 188 is hereby repealed.
7.
This By-Law shall come into force and take effect on the date of final passing
thereof.
Read a first and second time this 4th day of June, 2001.
Read a third time and finally passed this 4th day of June, 2001.
Mayor
Clerk
Town of Essex By-Law Number 314
A by-law for requiring the owners of privately owned swimming pools in the Town of Essex to erect and maintain fences
and gates around such swimming pools.
Item
Column 1
Short Form Wording
Column 2
Offence creating provision or defining
offence
Column 3
Set Fine
(Including costs)
1.
Fail to properly fence/enclose privately owned
swimming pool
2
$105.00
2.
Erect/cause to be erected improper fence within 9
metres of roadway intersection
3
$105.00
3.
Maintain/caused to be maintained improper fence
within 9 metres of roadway intersection
3
$105.00
Note: The penalty provision(s) for the offences indicated above is Section 5 of By-Law Number 314, as Amended, a certified copy of which has been filed.