As used in this chapter, the following terms
shall have the meanings indicated:
SWIMMING POOL
Any structure, basin, chamber, or tank which is intended
for swimming, diving, recreational bathing, or wading and which contains,
is designed to contain, or is capable of containing water more than
24 inches (610 milimeter) deep at any point. This includes in-ground,
aboveground, and on-ground pools, indoor pools, hot tubs, spas, and
fixed-in-place wading pools.
[Amended 4-24-2019 by L.L. No.
9-2019]
[Amended 5-23-1988; 12-11-2000 by L.L. No.
9-2000]
The building permit fee for a swimming pool
shall be an amount separately specified in a Town Board resolution.
No building permit for the erection or maintenance
of a swimming pool shall be issued except upon compliance with the
following provisions:
A. Survey. An application shall be accompanied by a survey
showing the exact location of the pool with reference to lot side
lines, existing buildings, water mains, electric lines, gas lines
and sewer lines. The application shall show the manner and method
of disposal of wastewater.
B. Enclosures. All pools will be provided with an enclosure
that complies with the applicable provisions of the New York State
Uniform Fire Prevention and Building Code (Uniform Code), as applicable
for the specific parcel, except where exempted by the Uniform Code.
[Amended 6-24-1991; 9-29-1993; 7-24-2013 by L.L. No.
7-2013]
C. Inground pools. No building permit for the installation
of an inground pool shall be issued without these additional safety
precautions. A temporary fence (snowfence or reasonable facsimile)
shall be installed around the perimeter of the pool during construction
in any area not covered with a permanent fence. The temporary fence
shall remain for a period not to exceed 30 days at which time a permanent
fence shall be installed. The thirty-day period for the temporary
fence shall take effect upon the introduction of water into the pool.
D. Lighting. No lighting shall be permitted in, on or
about a swimming pool except such lighting that shall shine into or
on the pool and cast no direct light or reflections onto abutting
properties.
E. Overhead wires. No overhead electric lines shall be
maintained within 20 feet of the nearest portion of a pool or appurtenances.
All pools shall be grounded and conform to generally accepted and
approved Electrical Underwriters Laboratory Standards.
F. Perimeter. A perimeter of at least four feet around all edges of the pool shall be maintained between the edges of the pool and the fence erected around the pool. Aboveground pools with attached aboveground platforms and fenced shall be acceptable upon compliance with Subsection
B of this section.
G. Disposal of wastewater. Wastewater shall not be discharged
into any public sanitary sewer of the Town of Cicero. Wastewater shall
be prevented from flowing over or into the land of any adjoining property
owner or over or into an abutting street.
H. Commercial sales. Commercial businesses conducted
for the sale and installation of swimming pools and related items
shall adhere to all the requirements as set forth for the residential
swimming pools. No person conducting a business for the sale of swimming
pools and related items shall install or have installed a swimming
pool in the Town of Cicero without first acquiring a building permit
as hereinabove provided.
I. Existing pools. Existing pools shall be made to conform
to provisions of this section. Failure to bring existing swimming
pools into conformance with all provisions of this chapter within
120 days after proper notice by the Zoning Officer or his department
shall make the owner or lessee liable to conviction of a misdemeanor
and to a fine of not more than $25. Each week's continued violation
shall constitute a separate and additional violation. Such fines shall
be collected as like fines or penalties are by law collected.
J. Abandonment. Should the owner abandon the pool, he
shall arrange to remove the depression and return the surface of the
ground to its original grade and approximately in the same condition
as before the pool was constructed and the Zoning Officer notified
thereof.
[Added 7-24-2013 by L.L. No. 7-2013]
Every swimming pool presently constructed or installed or hereinafter
constructed or installed shall be maintained at all times in such
manner as never to constitute a nuisance, hazard or menace to the
public health or safety. The water contained in swimming pools shall,
at all times, be properly chlorinated and the quality maintained so
as to be suitable for human bathing and swimming. At no time shall
the water contained in swimming pools or, if the swimming pools have
been drained, shall rain water or water from some other source be
permitted to accumulate or pond in the swimming pool such that the
water becomes stagnant and could harbor mosquito larvae or other vector.
Any such hazard that may exist or develop in or in consequence of
or in connection with any swimming pool, shall be forthwith abated
by the person in possession, owning or having jurisdiction over such
swimming pool upon receipt of notice from the Town Zoning Enforcement
Officer.
A. No swimming
pool shall be abandoned or its use permanently discontinued unless,
if the swimming pool is an in-ground pool, the owner of the property
fills the swimming pool with clean soil and restores the surface of
the ground to its original grade or, if the pool is an aboveground
pool, demolishes the swimming pool, removes the demolition debris
from the property and restores the land on which the swimming pool
was located to its original condition within 30 days of abandoning
or permanently discontinuing use of the swimming pool. In the event
the person in possession, owning or having jurisdiction over a swimming
pool does not abate a swimming pool hazard or hazards within 10 days
of receipt of the notice from the Town Zoning Enforcement Officer
or permits a swimming pool hazard or hazards to recur more than three
times during any one calendar year, the swimming pool shall be deemed
to be abandoned.
B. In the
event the owner of the property on which a swimming pool has been
abandoned or its use permanently discontinued shall fail to fill such
swimming pool with clean soil, if the pool is an in-ground pool; or
to demolish the swimming pool and remove the debris, if the pool is
an aboveground swimming pool within 30 days after receipt of written
notice given by the Zoning Enforcement Officer, the Town may, in addition
to all other available remedies, proceed to fill and/or demolish such
swimming pool, and the expense of so doing shall become a lien against
such property and shall be collected in the same manner as taxes levied
against said property.
Any person who violates any provision of this chapter except Subsection
I of §
188-3 shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $100 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. In addition, the violation of this chapter except Subsection
I of §
188-3 shall subject the person violating the same to a civil penalty in the amount of $50, and when a violation of this chapter or any of its provisions is continuous, each 24 hours thereof shall constitute a separate and distinct violation, said penalty to be recovered by the Town of Cicero in a civil action. The application of the above-described penalties or any prosecution for the violation of the provisions of this chapter shall not be deemed to prevent the forcible removal of conditions prohibited by this chapter.