2009.09.10 Jason Ferguson: Pool fence law is good common sense

Written by David Green.

If it isn’t broke, don’t “fix it”…or “get rid of it” in this case. I’m seriously perplexed as to the reason our council officials want to so carelessly toss a pool fence ordinance that has served our community for years.

One apparent reason for voiding the ordinance is “if we’re not going to enforce it, we don’t need it.” In other words, to alleviate our enforcement and our responsibility, let’s just null it altogether.  Why isn’t the village enforcing its law?

Liability aside (I know that is hard to do these days), this decision should be centered on the safety of our community’s children. It’s my belief that the council of the past that created this ordinance prioritized safety as the means for its adoption.

 Council has concluded that no liability for incidents will lie with the village, whether or not this ordinance exists. But the village isn’t being asked to assume responsibility for accidents. Rather, they are expected to enforce the pool fence ordinance that is intended to protect the pool owner and other outside parties.

I agree with the notion that if someone is determined enough to get in, they’ll find a way. A fence is not 100 percent trespass- preventable. But it must be acknowledged that a fence certainly serves as a deterrent, and is a risky obstacle that poses repercussions if crossed.

As a few council members take it upon themselves to pass judgment on parents, my wife and I (new parents ourselves) understand that while precautions can be made on our end, accidents can still happen.

This ordinance is not infringing on personal rights. I’m a proponent of limited government, but this law that “governs our lives” is just a matter of common sense—for safety and liability sakes.

This debate should serve the community as an eye-opener if nothing else. It gives the public an opportunity to effectively evaluate our current village representatives and what they stand for. With an election in our midst, make yourself an educated voter, so that we in turn elect a level-headed and representative council, whose agendas are solely based on the betterment of Fayette and the general welfare of its citizens.

– Jason Ferguson

Main St., Fayette

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