Borough of Totowa, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Totowa as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 279.
Zoning and land use — See Ch. 415.
[Adopted 5-21-1968 by Ord. No. 922 (Ch. 120 of the 1974 Code)]
There is hereby established a municipal swimming pool to be located within the area depicted on the Zoning Map of the Borough of Totowa as a Recreation and Education Zone[1] within Lot 2, Block 10, on the Tax Map of the Borough of Totowa, the same to include a pool, pool facilities and appurtenances, dressing rooms, bathhouses, toilets, parking area, recreation facilities and food and drink dispensing facilities.
[1]
Editor's Note: See Ch. 415, Zoning and Land Use.
A. 
The general supervision and control over the maintenance, operation and regulations of the same shall be assigned to a Pool Commission which shall establish rules and regulations, as approved by the Mayor and Borough Council, which are reasonably related to the health, welfare and safety of those availing themselves of the facilities of the pool areas, and to the protection of the property therein.
B. 
The members of the Pool Commission shall be five residents of the Borough of Totowa, serving without salary, appointed by the Mayor, with the advice and consent of the Borough Council in the following manner: For the first appointments, one member shall be appointed for one year, one member for two years, one member for three years, one member for four years and one member for five years. At the expiration of each of the above terms, the new members shall be appointed for terms of five years.
C. 
The Commission shall engage in such expenditures and hire employees under such salaries as shall come under the budgetary appropriations of the Commission and as approved by the Mayor and Borough Council.
D. 
The Pool Commissioners shall pay for their membership in the Totowa Pool as set forth in § 367-3 hereafter.
[Added 4-13-1999 by Ord. No. 6-99]
[Amended 4-13-1999 by Ord. No. 6-99]
A. 
The use of the pool areas shall be limited to residents of Totowa Borough who shall be required to submit proof of residency and thereafter may obtain pool membership, and to their guests, as hereinafter defined, upon payment of fees established annually by the Mayor and Borough Council by resolution for the following classifications:
(1) 
Family membership (a family shall consist of wife, husband, legal guardian and unmarried children under the age of 21 years, residing in the same household).
(2) 
Individual membership (over 18 years).
(3) 
Nonmembers.
(4) 
Senior citizen couple or a individual senior (over the age of 62 years).
B. 
Each qualifying member and guests shall be issued a badge which shall be conspicuously displayed upon the person at all times, including entrance to and exit from the premises. Lost badges shall be replaced at a cost to be determined by the Commission. Transfer of badges is prohibited and will result in loss of pool membership.
C. 
No child 15 years of age or less shall be admitted unless accompanied by a person at least 18 years of age, which person shall remain in the area of or near the child at all times. Members who leave children unattended shall be subject to loss of membership.
The sale of beverages, food products or other commodities shall be controlled by the Commission as approved by the Mayor and Borough Council, and such sale otherwise by any person is prohibited, except by resolution of the Mayor and Borough Council.
All fees, rents or other income in the hands of the Commission shall be remitted to the Borough Treasurer and shall be kept in an account or accounts separate and distinct from any other accounts of the Borough.
Regulations shall be posted to ensure the health and safety of those on the premises as well as an orderly management of the premises, and the violators of these regulations shall be subject to penalties herein provided. The regulations shall include, but shall not be limited to:
A. 
Running, pushing, wrestling, use of abusive or profane language, fighting or causing any undue disturbance is prohibited.
B. 
Any person having a communicable disease, open blisters or cuts, infections or skin diseases shall be refused admission.
C. 
Entrance is prohibited into the pool unless a lifeguard is present.
D. 
No animals shall be permitted.
E. 
Members and guests shall keep the premises clean and dispose of trash and rubbish in containers supplied by the Commission.
F. 
Women and girls shall wear bathing caps in the pool.
G. 
No person shall be indecently exposed and all bathing suits shall conform to commonly accepted standards.
H. 
No glass containers shall be permitted in the immediate area of the pool.
I. 
Dressing and undressing shall be confined to the dressing rooms.
[Amended 11-12-1974 by Ord. No. 1027]
The admission privileges of any person violating any of the provisions of this article or any regulations promulgated pursuant thereto may be suspended by the Commission, and such violation shall subject the violator, upon conviction in the Municipal Court, to the general penalty provisions contained in Chapter 1, General Provisions, Article I.
[Adopted 9-11-1973 by Ord. No. 1010 (Ch. 121 of the 1974 Code)]
As used in this article, the following terms shall have the meanings indicated:
PERMANENT PRIVATE SWIMMING POOL
Any type of private swimming pool other than a portable private swimming pool.
PORTABLE PRIVATE SWIMMING POOL
Any above-surface-type private swimming pool made of permanently pliable plastic or plastic-coated material, canvas, pliable rubber or other permanently pliable material designed to be removed and stored.
PRIVATE SWIMMING POOL
Any pool designed and maintained for swimming purposes and used as an accessory to a residence by the persons living therein and their guests, and shall be construed as including both artificial and partly natural pools, above or below ground level, that have a water depth in excess of 24 inches.
A. 
No person shall install, construct, erect or make any alteration, addition or other improvement to any permanent private swimming pool until he shall have obtained a building permit issued by the Construction Code Officer as in the case of any other structure.
B. 
No person shall install, construct, erect or maintain a portable private swimming pool in any calendar year until he shall have obtained from the Construction Code Officer a portable swimming pool permit. The application for the permit shall show the dimensions of the pool.
All private swimming pools shall be registered annually with the Construction Code Officer who shall be required to keep a complete and up-to-date registry of said swimming pools, and an annual registration fee of $2 shall be charged. Said registration shall be made not later than April 15 of each year, except that any pool erected or installed after April 15 shall be registered at the time a building permit or portable swimming pool permit is issued. The Construction Code Officer shall supply a registration decal which shall be prominently displayed on or near the pool.
Any private swimming pool shall comply with the detached accessory building location requirements of the zoning regulations.[1]
[1]
Editor's Note: See Ch. 415, Zoning and Land Use.
Every below-ground private swimming pool within the Borough shall be completely surrounded by a fence or wall not less than four feet in height which shall be so constructed as to not have openings, holes or gaps larger than three inches in any dimension, except doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not exceed three inches. The fence or wall shall be constructed at a distance of at least three feet from the outside edge of the swimming pool. A dwelling house or accessory building may be used as part of such enclosure. All gates and doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gates or doors securely closed at all times when not in actual use, except that the door of any dwelling which forms part of the enclosure need not be so equipped. Any existing below-ground private swimming pools shall be provided with an enclosing fence or wall and gate within 45 days of the date of final adoption of this article.
All private swimming pools erected, installed or constructed above ground shall have any access ladder or steps removed from the pool or otherwise rendered unusable when the pool is not in use.
The Construction Code Officer of the Borough shall be responsible for the enforcement of this article.