1123
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ORDINANCE NO. 1123 (#9 - 99)
AN ORDINANCE PROMULGATING RULES AND REGULATIONS FOR PRIVATE
S NIMMING POOLS "'/THIN JACKSONVILLE;...ARKANSASi,CREA TING ~ 8.10 OF
THE JACKSONVILLE MUNICIPAL CODE; Dl:CLARING A,v EMERGENCY; AND,
FOR OTHER PURPOSES.
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WHEREAS, private swimming pools are located throughout the City of Jacksonville,
Arkansas, and can create a nuisance or hazard if not properly enclosed and maintained. In
completing maintenance and enclosures of said ,)ool(s), it is sometimes required to drain the pool(s).
Doing so must be done so as to not create a nUisance for adjoining resident(s) and the City; and,
WHEREAS, it has come to the attention of the City Council that some private swimming pool
owner(s) have drained their pool so as to create a nuisance to adjoining property owner(s) and the
City by releasing the water directly onto the property of the adjoining neignbor and/or failing to control
the flow of said drainage so as to create a nuisance and/or hazard to an adjoining property owner(s).
It has been further noticed that some private swimming pool(s) are not enclosed with a proper
barrier/fence to eliminate the hazard created by a swimming pool to unsuspecting children and adults.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS:
SECTION ONE: JMC 9 8.10. shall hereinafter read as follows:
JMC ~ 8.10. Swimming Pools.
JMC S 8.10.010 - Fencing/Barrier requirements. It shall be required that all swimming pools located
on pnvate property be enclosed within a fence or barrier a minimum of four (4) feet tall and
constructed in sucli a manner as to prevent uncontrolled access to the pool facility.
JMC S 8.10.020 - Maintenance requirements. It shall be required that all swimming pools
located on private property within the City of Jacksonville be maintained in such a manner so as not
to constitute a nuisance under the tell liS and conditions of JMC 9 8.08.010 and applicable State law(s)
and regulation(s).
JMC ~ 8.10.030 - Drainage requirements. It shall be required that, when all swimming
Jools "ocated on private property are drained (for maintenance or other reasons), the flow or discharge
';rom the pool shall be controlled/drained in such a manner as to allow its release directly into a City
storm drain and/or into an established concrete curb line leading to the nearest storm drain, At no
time shall the drainage of a swimming pool be conducted in such a manner as to allow the flow or
discharge to enter upon or discharge onto an adjoining property without written permission of said
propert~ owner.
JMC S B.1 0.040 - Enforcement. Jacksonville Code Enforcement officers shall
enforce any violation(s) of the requirements of this Ordinance. Such officers are hereby em,)owered
to promulgate and adopt such necessary policies and procedures for the implementation of t1e terms
of this Ordinance. Any property owner, tenant, or res )onsible party (ies) cited for violations herein
shall be brought before the Jacksonville Municipal Cour: for plea and/or hearing on the matters herein l
and fines levied against any such violator shall not exceed the amount of Two Hundred Fifty Dollars
($250.00) per violation. Each day a condition of violation exists shall constitute an additional and
separate Violation under the terms of this Ordinance.
SECTION TWO: All Ordinances, parts of Ordinances, or previous actions taken by
said Council in conflict herewith are hereby repealed to the extent of such conflict.
SECTION THREE: Because the passage of this Ordinance is necessary for public
health, peace, and safety of the citizens of Jacksonville, an emergency is hereby declared. Thus this
Ordinance shall take effect immediately upon passage and publication, as provided by and subject
to the requirements of applicable law.
APPROVED AND ADOPTED THIS
16'1: DAY OF JULY, 1999.
,CIT: 0 CKSON~ILQ: ~~::
TOMM- SWAIM, MAf~'
ATTEST: ~ - .~ \
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sus A V~ CLERK f
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ROBERf E. BAMBiG, CITY TOR
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