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A.  For the purpose of promoting the health, safety, and general welfare of the community, parish and municipal governing authorities may adopt ordinances regulating the enclosure of residential and commercial swimming pools.  The ordinance shall provide for minimum heights for fences or walls enclosing the pool and locking or limited access gates.  However, any such ordinance shall be subject to judicial review on the grounds of abuse of discretion, unreasonable exercise of police powers, excessive use of the power herein granted, or the denial of the right of due process.  However, the right of judicial review of such ordinances shall not be limited by the provisions of this Section.

B.  The provisions of this Section shall not apply to municipalities or parishes that either have an existing ordinance that governs fencing of swimming pools or that have a home rule charter.

Acts 1999, No. 1034, §1, eff. July 9, 1999.