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Town of Marblehead, MA
Essex County
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Table of Contents
Table of Contents
Code
New Laws (20) Index
[HISTORY: Adopted by the Annual Town Meeting of the Town of Marblehead 3-21-1967 ATM by Art. 84. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 30.
Electrical installations — See Ch. 52.
Zoning — See Ch. 200.
The term "outdoor family swimming pool" as used herein shall mean a permanent artificial or semi-artificial receptacle or other container used or intended to be used by the owner, operator or lessee thereof and his family, and by friends invited to use it without payment of any fee, and located out of doors and not within the confines of a dwelling house.
A. 
Every outdoor family swimming pool having a depth of 18 inches or more shall be completely surrounded by a fence or wall not less than five feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. A dwelling house or accessory building may be used as part of such enclosure.
B. 
All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
C. 
Every such outdoor family swimming pool shall be equipped to be completely emptied of water, and the discharged water shall be disposed of in a manner that will not create a nuisance to adjoining property.
[Added 3-14-1973 ATM by Art. 62]
It shall be unlawful for any person in possession of land within the Town, either as owner, purchaser, lessee or tenant, upon which is situated an outdoor family swimming pool having a minimum depth of 18 inches, to fail to provide and maintain such fence or wall as herein provided; and any such outdoor family swimming pool in existence on the date this By-Law becomes effective shall, within 90 days from such effective date, enclose such pool with a fence or wall as herein provided.
Whosoever violates any of the provisions of this By-Law shall be punished by a fine not exceeding $50 for each offense. Each 10 days that such a violation is permitted to exist shall constitute a separate offense.