[HISTORY: Adopted by the Borough Council of the Borough of Carteret 12-15-1970 as Ch. XII of the 1970 Revised Ordinances, as amended through 3-5-1974. Section 229-6 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Swimming pools (Board of Health) — See Ch. 330.
As used in this chapter, the following terms shall have the meanings indicated:
FENCE
A permanent barrier or obstruction not less than three (3) feet nor more than five (5) feet in height. It shall be constructed so as to entirely enclose the area in which the swimming pool is located and to bar all reasonable and normal access to the swimming pool except through a substantial self-closing gate or gates of the same height as the "fence," equipped with facilities for locking the gate or gates when the pool is unattended or unguarded.
NONPERMANENT SWIMMING POOLS
An enclosure for a body of water artificially constructed, in whole or in part, established or maintained upon the exterior premises which is capable of being easily moved and is designed for flexibility of location. Pools requiring excavations or direct plumbing shall be deemed permanent pools.
PERMANENT SWIMMING POOLS
All other swimming pools.
No person shall construct, maintain or use or cause or permit to be constructed, maintained or used a swimming pool on any lot or lots in the borough unless there is also constructed and maintained a fence enclosing the area in which the swimming pool is located.
The provisions of this chapter shall apply to swimming pools now existing and to swimming pools hereafter constructed.
The gate or gates in the fence shall be kept closed at all times, except when being used for ingress or egress, and shall be kept locked at all times when the swimming pool is unattended or unguarded.
A. 
Permanent. Permanent swimming pools shall require a fence of a minimum height of four (4) feet.
B. 
Nonpermanent.
(1) 
Nonpermanent swimming pools shall require a fence of a minimum height of three (3) feet or the following:
(a) 
If the sides of the nonpermanent pool extend three (3) feet or more from the surface of the ground around it, the ladder, platform or other means of entrance shall be detached and stored in a safe place at least ten (10) feet from the pool when it is unattended.
(b) 
If a nonpermanent pool extends less than three (3) feet from the surface of the ground, it shall be emptied or securely covered, and its ladder or platform shall be removed when it is unattended.
(2) 
Swimming pool excavations shall comply with Subsection B(1) and (2) above when the swimming pool is removed from the excavation.
[Amended 4-19-1990 by Ord. No. 90-16]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties set forth in § 1-17 of this Code.