Ordinance 721 - Private Swimming Pools184
ORDINANCE NO. 721
AN ORDINANCE REGULATING THE LOCATION, LIGHTING AND FENCING OF PRIVATE
SWIMMING POOLS, AND REQUIRING A PERMIT PRIOR TO CONSTRUCTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION 1. A swimming pool, within the meaning of this ordinance,
shall be any depression in the ground, either temporary or permanent,
or a container of water, either temporary or permanent, and either above
or below the ground in which water of move than 18 inches in depth is
contained and which is used primarily for the purpose of bathing or
swimming, except temporary pools with an area of 150 square feet or less
shall not come within the provisions of this ordinance.
SECTION 2. No swimming pool shall be erected to the front of the
residence of the owner or occupant of the premises connected therewith.
In the case of lots bordered on two sides by public streets, no swimming
pool may be erected in the area between the setback lines of the main
building and the street right of way lice; in no case less than 5 feet
from any lot line or building wall.
SECTION 3. All private swimming pools shall be enclosed by a fence
which shall be at least four (4) feet in height above grade and which
shall be of a type not readily climbable by children. Such fence shall
be so constructed as not to have openings, holes or gaps larger than
four (4) inches in any dimension, except for doors and gates; and if a
picket fence is erected or maintained, the horizontal dimension of the
space between pickets shall not exceed four (4) inches. A dwelling house
or accessory building may be used as part of such enclosure, provided there
are not doorways giving direct access to the enclosure. Each gate in said
fence shall be equiped with a self closing and self latching device for
keeping the gate securely closed at all times when not in actual use.
Swimming pools constructed prior to the adoption of this chapter shall
comply with this subsection within Six (6) months after the effective
date hereof.
SECTION 4. No artificial lighting shall be maintained or operated
In connection with private swimming pools in such a manner as to be a
nuisance or an annoyance to neighboring properties.
SECTION 5. A building permit shall be purchased prior to the
construction of any swimming pool as defined herein.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AND
APPROVED BY THE MAYOR, THIS 4th day of October 1965.
ATTEST:
T. R. Flynn
Mayor
George Beardsles I
City Clerk
I, George Beardslee, City Clerk of the City of Kalispell, Montana, do
hereby certify that on the 5th day October, 1965 I posted a copy of
toe foregoing ordinance in my of ce d the same remained posted for
a period of five days and the fo go g is a true and�or-refit copy of
the ordinance as passed by the Cit Council.
, Montana