Chapter 15.20
PONDS*
Sections:
15.20.120 Enclosures required.
* Prior history:
15.20.010 History: Ord. 847 §1, 1975; Repealed by Ord. 1304 §1 (part 111), 2001.
15.20.020 History: Ord. 847 §2, 1975; Ord. 964 §1, 1980; Repealed by Ord. 1304 §1 (part III), 2001.
15.20.030 History: Ord. 847 §4, 1975; Repealed by Ord. 1304 §1 (part III), 2001
15.20.040 History: Ord. 847 §3, 1975; Repealed by Ord. 1304 §1 (part III), 2001.
15.20.050 History: Ord. 847 §5, 1975; Repealed by Ord. 1304 §1 (part III), 2001.
15.20.060 History: Ord. 847 §7, 1975; Repealed by Ord. 1304 §1 (part III), 2001.
15.20.110 Definitions.
For the purposes of this chapter, the following terms are defined:
(1) “Pond” includes all pools and ponds which contain water more than two feet (2’) deep and which, at their widest point, are more than five feet (5’) wide. A nonexclusive, illustrative list of ponds includes fish ponds, decorative ponds and wading pools. A pond does not include:
(a) a “swimming pool,” as that term is defined in the Oregon Building Code; or
(b) a naturally occurring body of water, unless such a body of water is modified by human means.
(2) “Impenetrable hedge” is a hedge or row of shrubbery which is incapable of being completely penetrated either under, through, or around.
Statutory Reference: ORS 448.005 to 448.090
History: Ord. 1307§1, 2001, renumbered during codification.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
15.20.120 Enclosures required.
(1) Every pond shall be completely enclosed by a fence, wall, or impenetrable hedge not less than five feet (5’) in height measured from outside ground level at a point twelve inches (12”) horizontal from the base of the fence or wall. Such an enclosure shall be of a permanent nature, and shall not be easily removable.
(2) A wall of a dwelling house or accessory building may be used as a part of the required enclosure for a pond as required by this chapter; provided that such a dwelling house or accessory building wall abuts the connecting ends of the remainder of the enclosure and is not less than five feet (5’) in height.
(3) All walls and fences shall be constructed so that they are incapable of being crawled under and shall contain no holes or gaps therein larger than four inches (4”) in any dimension except for doors or gates.
(4) All gates or doors allowing access through such required enclosure shall be equipped with a self-closing and self-latching device sufficient to keep gate or door securely closed at all times when not being used, except that the doors of any dwelling house which forms a part of the enclosure, as described in GMC Subsection 15.20.120(2), need not be so equipped.
Statutory Reference: ORS 448.005 to 448.090
History: Ord. 1307 § 1, 2001, renumbered during codification; Ord. 1324 §1,2002.
15.20.130 Applicability.
(1) The requirements of this chapter shall be applicable to all ponds which currently exist or are hereafter constructed.
(2) No person in possession of land within the city, either as owner, purchaser, lessee, tenant, or licensee, upon which is situated a pond, shall fail to provide such a fence or wall as described in this chapter.
Statutory Reference: ORS 448.005 to 448.090
History: Ord. 1307 §1 (pan), 2001, renumbered during codification.
15.20.140 Alternative remedy.
In case a pond is, or is proposed to be, constructed, maintained, repaired, altered, or used in violation of the provisions of this chapter, the pond shall constitutes a nuisance, and the city may, as an alternative to other remedies that are legally available for enforcing this chapter, institute injunction, mandamus, abatement, or other appropriate proceeding to prevent, enjoin, temporarily or permanently abate, or remove the unlawful construction, maintenance, repair, alteration or use.
Statutory Reference: ORS 448.005 to 448.090
History: Ord. 1307 §1, 2001, renumbered during codification.