H. B. 2728
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced
March 5, 2001
; referred to the
Committee on the Judiciary.]
A BILL to amend article ten, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section thirty-a,
relating to requiring persons who have swimming pools to
enclose them with a fence and locked gate sufficient to keep
small children from getting inside; and creating a criminal
penalty for violation.
Be it enacted by the Legislature of West Virginia:
That article ten, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirty-a, to read as follows:
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
§61-10-30a. Unfenced swimming pools prohibited.
It is unlawful for any person to keep, maintain or allow any
swimming pool upon any land in which the person has any right to
possession as owner, tenant or otherwise, which is not enclosed by
a fence with a locking gate sufficient to prevent a child seven
years of age or younger from entering. Any person violating this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not more than five hundred dollars.
NOTE: The purpose of this bill is to
require persons who have
swimming pools to enclose them with a fence and locked gate
sufficient to keep small children from getting inside. The bill
creates a criminal penalty for a violation.
This section is new; therefore, strike-throughs and
underscoring have been omitted.