[HISTORY: Adopted by the Township Committee (now Council) of the
Township of Jefferson 7-7-1969 by Ord. No. 249
(Ch. 115 of the 1967 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any other type of private swimming pool.
Any person, persons, firm, partnership, corporation or organization
of any kind.[1]
Includes any artificial or semiartificial container or receptacle
for the containment of water, having an inside depth at any point greater
than 18 inches, located outdoors, and used or intended to be used for swimming
or bathing by the owner or lessee of the property on which it is situate,
or by the family or guests of such owner or lessee, as an accessory use to
a residence.
[1]
Editor's Note: The definition of "portable private swimming pool,"
which previously followed this definition, was repealed 11-6-1991 by Ord.
No. 28-91.
[Amended 11-6-1991 by Ord. No. 28-91; 2-16-2005
by Ord. No. 4-05]
No person shall hereafter install, construct or erect any permanent
private swimming pool, as defined in this chapter, until he shall have obtained
a building permit issued by the Construction Official in the same form and
manner as in the case of any other structure or accessory use. Prior to the
use of any permanent pool erected pursuant to this chapter, a certificate
of occupancy shall be obtained from the Construction Official.[1]
[1]
Editor's Note: Former § 115-3, Fees, which previously followed
this section, was repealed 11-6-1991 by Ord. No. 28-91.
[Amended 11-6-1991 by Ord. No. 28-91; 9-1-2004
by Ord. No. 28-04]
A.
Every private swimming pool, as defined in this chapter,
shall be completely surrounded by a fence or wall of not less than four feet
in height above ground level, which shall be so constructed that it shall
not have openings, holes or gaps larger than four inches in any dimension
except for doors and gates. A dwelling house or accessory building may be
used as part of such enclosure.
[Amended 9-1-2004 by Ord. No. 28-04]
B.
All gates or doors opening through such enclosure shall
be equipped with a self-latching device for keeping the gate or door securely
closed at all times when not in actual use.
C.
Said enclosure and any gate or door thereof shall be
so designed and constructed as to reasonably prevent any person from gaining
access under the same to the pool and shall be kept securely locked at all
times when the pool is not in use.[1]
[1]
Editor's Note: Former Subsection D, dealing with the covering of a
private swimming pool and which immediately followed this subsection, was
repealed 11-6-1991 by Ord. No. 28-91.
Lights used above the surface of the water to illuminate any private
swimming pool shall be so arranged and shielded that the light will be reflected
away from adjoining premises, and such lighting units shall be of no greater
intensity and of no greater number than necessary for safety purposes.
No sound or amplifying system shall be used in connection with said
pool, and in connection with the use of any such pool there shall be created
no loud noises which are abnormal to the surrounding neighborhood.
[Amended 8-4-1969 by Ord. No. 249-A; 2-16-2005
by Ord. No. 4-05]
The Construction Official and the Health Officer of the Township of
Jefferson shall have the authority to inspect and reinspect the premises upon
which any private swimming pool exists and to advise and make complaints for
any violation hereunder.
A violation of any provision of this chapter shall subject the violator,
in the event of conviction, to a fine of not less than $25 nor more than $200,
and upon a conviction subsequent to a first conviction for said violation,
the owner or person in control of the premises where a swimming pool exists,
as to which the violation was committed, may be ordered by the Municipal Court
Judge, within 60 days, to remove and dismantle such swimming pool, and to
order any hole caused thereby to be filled in and the ground leveled over
said filling. Upon conviction, the Municipal Court Judge shall set a reasonable
time in which the violation must be remedied, and, in the event that a remedy
is not effected, each day after that during which the violation is permitted
to exist or continue or occur shall constitute a separate violation thereof.
