[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa as indicated in article histories. Amendments
noted where applicable.]
[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.
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.
[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:
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:
Any type of private swimming pool other than a 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.
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]
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.
