§ 19-31. Definitions.

(a)

(1)

The term "dangerous" shall include a swimming pool or open excavation which (a) is not enclosed pursuant to currently adopted International Building Code regulations; (b) is not enclosed by a fence or barrier and which barrier or fence contains an access gate, and such access gate as part of the barrier, does not open outward away from the pool and is not equipped with self-closing and self-latching devices to prevent access to the pool; contains noxious growth or stagnant water; (d) is not maintained; (e) is on a premises which is vacant or otherwise abandoned; (f) is in violation of any provisions of this Code, including but not limited to Section 34-1 et seq., the Louisiana Uniform Construction Code, Section 31-09 of the International Building Code of 2006, or other ordinances of this parish, or laws of this state, if the violation is of such a nature that the swimming pool constitutes a danger to occupants of the premises and/or others.

i.

The term "barrier" shall include shall include an object or set of objects which reasonably prohibits entrance into the swimming pool or open excavation area.

ii.

The term "maintenance" shall include any swimming pool or open excavation in which the proper chlorine and/or salt levels and filters necessary for human enjoyment are met.

iii.

The term "emergency" shall refer to any swimming pool or open excavation not in compliance with this section that presents a health or safety issue.

(b)

A swimming pool or open excavation on or within five hundred (500) feet of residential property that is fenced or otherwise secured in any manner may, nevertheless, be deemed "dangerous" under the foregoing criteria if the swimming pool or open excavation constitutes a danger to the public even though secured from entry; or is found that the means utilized to secure any building on the same property are not adequate to prevent unauthorized access to the swimming pool or open excavation in contravention of this part

(c)

Any defect deemed to be "dangerous" shall constitute a public and/or attractive nuisance allowing the parish to access the property and cause the swimming pool or open excavation to be drained and drilled, fenced or secured by the parish at the expense of the owner if deemed an emergency by the director of inspection and code enforcement. Said action may be taken without notice or a hearing.

(Ord. No. 23373, § 1, 8-20-08)