Mr. Knowitall - I thought I posted it on this thread already - but budwad actually posted it right above your post.
"Prohibited locations. Barriers shall be located to prohibit permanent structures, equipment or similar objects from being used to climb them."
So if the neighbor builds his climbable fence right next to mine - then my barrier will be located in a place that does NOT "prohibit permanent structures, equipment or similar objects from being used to climb them."
And to answer Budwad - the neighbor BEHIND my pool - his fence is 10 FEET away from my chainlink - so if a child climbed his - they could not hop over into my pool area. The malicious possible fence on the side would be constructed 8-12 inches away from my fence there.