Funny you should ask: what are the rules about fencing around pools?

“WHY ARE ALL THESE SWIMMING POOLS POPPING UP ALL OVER TOWN WITHOUT PROPER FENCING AROUND THEM??!"

- Peeved About Pools in Chetek

That's what I was recently asked by an irate resident who called to ask me why they had to put a fence around their pool while others seem to get away without having one around theirs? Well, as I do with all questions I'm asked I usually go right to the source to get the low down. That usually means one of the following people: City Clerk Carmen Newman, Public Works Director Dan Knapp, Police Chief Ron Ambrozaitis or City Inspector Joe Atwood. If they don't know the answer (and one of them probably does) then there's no help for it. It has to be a theological conundrum of some sort or another. So after I concluded that conversation I spoke with Joe Atwood who was only too happy to inform me everything I need to know about swimming pools.

Just in case you were wondering, no fence needed here

Namely – and most importantly – if it's two feet deep or less then it does not need a protective fence around it. That means your basic “kiddie pool” that you can buy at Wal-Mart for $15-30 is fine without fencing. (This caller reminded me that you could drown in a bathtub just as well as in a kiddie pool. They're right of course. Our ordinances, however, don't cover such a scenario). When I 

The guy knows his stuff

asked Joe about the alleged “pool plague” presently afflicting Chetek, he informed me that most of the pools he has seen around town meet the two feet deep or less standard.

However, if the pool is deeper than two feet, it's just entered a whole new category of pool. A few weeks ago, Deputy City Clerk and Treasurer Cassandra Larson posted a very helpful graphic at the City of Chetek Facebook page, the information which I'll re-post here. Citing Section 118-257(f) (1):

“All outdoor swimming pools having a depth capacity of two feet or more shall be completely enclosed by a fence prior to use of the swimming pool...Such fence shall be not less than four feet in height above the ground level immediately below. Such fence shall be of not less than 11.5 gauge chain link fencing or such other construction which will make access to the swimming pool area equally difficult.”

This family (not from Chetek) clearly knows the rules about fencing

When I asked Joe about the need for chain link fencing he said that he focuses on the phrase “...or such other construction which will make access to the swimming pool area equally difficult.” Personally, Joe disapproves of chain link fencing as its pretty easy for kids to climb over. The main thing is Joe has to see it and approve of the fencing before it goes up.

“Such fence or wall shall be constructed in such a design to resist climbing and as not to have voids, holes, or openings larger than four inches in one dimension. Any open space in the plane of the fence shall be equipped with a gate. Each gate shall have at least the minimum height required for the fence and shall be equipped with self-closing and self-latching devices placed at the top of the gate or at a place which is otherwise inaccessible to small children.”

My wife, Linda, has been wanting to put a pool up in our backyard for many summers running. It's that fence-requirement-thing that kills it for me. To buy any kind of fencing “in such a design to resist climbing” and one that has a gate in it prices me right out of that idea.

Last week, Joe actually had to stop at a residence that had a pool in their backyard and inform the owners that they, in fact, had to drain their pool by the next day as it was deep enough to require a fence around it which they didn't have. They were good sports about it and drained their pool as he requested but they're disappointed all the same. After all, if you spend several hundred dollars on a pool you hate to see your investment just laying on the ground.

Section 118-257(f)(3) does allow a temporary fix, however:

“Prior to the initial filling with water, each such outdoor swimming pool shall be enclosed by either fencing as required in this section, or a temporary construction fence. Such temporary fence shall be a snow fence, or a fence of similar design, at least four feet in height and securely anchored in place. The fence shall be constructed with its base flush to the ground and shall have supportive posts placed no more than eight feet apart. The fence shall remain in place until such time as a permanent fence is installed as provided in this section. The installation of a permanent fence shall take place no later than 60 days after the initial filling of the swimming pool.”

If you're prone to look for loop-holes, I guess here's one for you.

This will do for two months

You can put snow fencing around your pool so long as that within 60 days you have a more permanent fence erected around it. If you bought one this weekend, two months from now it'll probably be too cold to go swimming (and if you haven't cleaned it out since you filled it up the first time it will definitely be too gross to do so). But if I were you, I'd call Joe first before you invest any money in a pool or fencing materials. He's only too happy to talk you through what you need to know. You can reach him at 715-764-2948.

Like all municipal ordinances, these rules aren't personal. We're not picking on anyone. In this case, the heart of the matter is safety. Nobody wants to be that person who because they neglected to secure their pool a little child tragically drowned. So, do the right thing. If the lake is too green for your liking, then head to Barron's or Rice Lake's pool. Or, if you want your own pool just make sure you reference Section 118 of our Municipal Code and let Joe know what you're thinking.

Cats, dogs and the Golden Rule

"A dog doesn't care if you're rich or poor, educated or illiterate, clever or dull. Give him your heart and he will give you his."

Marley & Me

"No family or person shall own, harbor or keep in its possession more than two dogs or cats on any residentially zoned lot without the prior approval of the Common Council, which may be conditional, except that a litter of pups or kittens or a portion of a litter may be kept for not more than eight weeks from birth. If more than one family resides on a residential lot, then only a total of four dogs or cats shall be allowed on the residential lot unless prior approval is obtained from the Common Council."

Section 18-32 (c) of the City of Chetek Code of Ordinances

He was a great dog

Pets. They make our lives richer and fuller by having them. In our nearly twenty-seven years in Chetek we've been blessed with a number of them – a couple of dogs, a couple of cats, some goldfish, a guinea pig and a rabbit to boot. Our first dog, Buster, though he was a runner by inclination and we frequently were bailing him out of the pokey, was amazing. It broke our hearts the day he died. Jack, our other dog, well...not so much but that's another story.

More often than not lately, pets have been an agenda item at the city council meeting in the form of a pet waiver. Like so many other things in our lives as members of this community, even the number of pets we own is governed by the Code.

The physical Code of Ordinances is pretty thick. The on-line version is far more user-friendly

How many?

Two. That's what we're allowed. Not two cats and two dogs but a cat and a dog or two dogs and no cats or two cats and no dogs. However you do the math at the end of the day if you have more than two critters you are not legal.

Why only two?

Well, I think you can figure it out. Some of us are just bleeding hearts for our canine and feline friends and when no limits are enforced, we collect them out of compassion for their welfare. But what about your neighbors? People bristle at that question because frequently their first response to that question is that their neighbors “should mind their own beeswax”. But according to our Code,  

The keeping of a large number of dogs or cats within the City for a considerable period of time detracts from and, in many instances, is detrimental to, healthful and comfortable life in such areas. The keeping of a large number of dogs or cats is, therefore, declared a public nuisance. Sec 18-32(a)

The truth is we may live in a rural area but if you live in town you don't live in the country. We just live too close to each other to allow small packs of dogs or prides of cats to proliferate next door. So years ago the limit was set at two.

Waiver needed:

As someone who has run for public office twice now, I can verify this for certain: many individuals in our city do not comply with the two pet rule. I know. I've met several of their canine members of their households at more than a few homes as I have gone door to door. Now it could be that some of these individuals have waivers on file at city hall which allows them to have more than two pets at their home. My hunch is, however, that a lot of folk just don't bother to go through the relatively painless process of securing a waiver which would allow them to legally have more than two pets at their address.

It works like this. A certain household member who already has two pets suddenly has to take in two more as her son, who serves in the military, just was deployed overseas for the next year and has no where for his dogs to go. She fills out the waiver explaining what kind of dogs they are and how long she plans on holding them. It then goes before the council for approval. In every case thus far that I've been serving as mayor the council has never denied a reasonable request. They frequently set limits to the waiver (e.g., the mother may keep her sons' dogs until the son returns from his deployment overseas) but they usually accommodate the pet owner's request. The fee per waiver is $25.

License required.

If your pooch is five months old or older, he needs to have a license (per Sec 18-93(a)). That's not our rule. That's the State's. At the present time there are no licenses required for cats (but you still can only have two). As part of licensing you need to show proof that your dog has been immunized against rabies (18-93(d)). Licenses are good for a year. $6/if your dog is spayed or neutered. $12 if they're not fixed. Again, those fees are set by the State with which the city fully complies with.

But what about dogs running loose?

Well, of course, they're not supposed to be (18-25) but as an owner of a former “runner”, sometimes they break their leash while tied up in the back yard or pull out of their collar and go out on a lark. We don't have a city dog catcher so who do you call if a dog comes sniffing into your yard? As much as City Clerk-Treasurer Carmen Newman loves dogs, don't call her. Call the police. Through email, I asked Chief Ambrozaitis about this very thing and this is what he wrote back:

“We handle all dog complaints on a call by call basis. We have a policy concerning dangerous dogs, and [we handle this] when receiving a call on them. As far as dogs at large we handle them the best way we can. We try to find the owners via social media, word of mouth, etc... If this does not work and if a county deputy is available they will transport to Happy Tails in Barronett. We no longer take them to Barron as the Humane Society does not have a contract with the county anymore. Handling animals in the city has become some what of a problem but so far we have been able to handle them without any issues.”

(Note: Chetek PD will not take any dogs to Happy Tails Pet Boarding & Daycare as Barronett is 38 miles away and that would mean the only officer on duty would be gone a couple of hours making sure Fido is taken care of. It's not a very good use of police resources.) I recently spoke with Officer Jessica Larson about this and she told me that when she gets a loose dog call she tries to coax the wandering pup into the back of her squad and take it to the shop. Then via Facebook the word gets out and soon after the owner usually stops by the PD to pick up their lost dog  - usually.

And what about other animals?

Well, in case you were wondering, if you live within the city limits you can't own a polar bear or an alligator let alone any other federally protected animals (18-213a). You can own a snake so long as its not poisonous but otherwise all dangerous critters such as cheetahs, elephants or hippos are verboten (18-213e) (see the extended list in the Code, if only for your own amusement). You can own bees (which, strictly speaking, are not animals) but if you do and you do not live in a neighborhood that is zoned agricultural you're going to need to obtain a conditional use permit which often includes a public hearing so your neighbors can weigh in on the matter (see 18-263 thru 18-265). And let me state for the record that you can't shoot those pesky squirrels that get into your bird feeder. They may deserve it but the Code deems that cruel and unusual punishment (see 18-184). Sorry, dear wife, but you can't do it.

For the time being

You can own rabbits but you can't raise them to sell them (18-214). And at the present time the City does not allow anyone to own chickens (although every year we are approached by individuals who query if the council will ever reconsider that position). Otherwise all other farm animals – pigs, cows, horses, goats - are not permitted within the city limits (see 118-84c). Again, if you want country air then maybe looking for property in the surrounding townships is your best option.

There are reasons that all these rules are on the books. Not only are they similar (or identical) to other communities like ours but they also generally govern our civil interaction with each other. If we lived in a more perfect world, “love thy neighbor” and “the golden rule” would suffice, regardless of your individual religious persuasion. But we don't. So in the interim we live by the laws set by the State and the Municipal Code. It helps keep our town from truly going to the dogs.