The Board of Trustees of the Village of Kiryas Joel finds, due to the
densely compacted residential development and the very high population of
small children in the village, that outdoor swimming pools pose a hazard to
the safety, health and welfare of village residents. This Board finds that
62.9% of the total population of the village consists of children 17 years
old and under, compared to 27.6% in the rest of Orange County. The residential
density of the village is 1,332 dwelling units per 850 acres. The Board finds
that due to the close proximity of residential buildings and small yards,
swimming pools, even if enclosed with fences, cannot be properly and safely
monitored to safeguard the children of the village. This Board finds that
a private outdoor swimming pool is not an inalienable property right and that
the privilege of owning an outdoor pool must give way to the overriding concern
of child safety. This Board further finds that swimming pools in lawful existence
and in regular use on the effective date of this chapter may remain; however,
all such pools must be fully and securely enclosed to prevent entry to the
pool.
No outdoor swimming pool, whether above or below ground, shall be permitted,
except wading pools no larger than eight feet in diameter or similar size
and 18 inches deep.
Upon petition to the Board of Trustees and upon a showing of special
circumstances, the Board of Trustees may allow a private outdoor swimming
pool, on a case-by-case basis, subject to terms and conditions imposed by
the Board and subject to compliance with the State Uniform Fire Prevention
and Building Code and other applicable state codes.
Any swimming pool lawfully in existence and in regular use on the effective
date of this chapter may remain in use. Any such pool must be fully and securely
enclosed by an eight-foot-high stockade fence. Further, all such pools must
comply with the State Uniform Fire Prevention and Building Code and other
applicable state codes.