Village of Chittenango, NY
Madison County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Chittenango 9-14-1971. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 148.
As used in this chapter, the following terms shall have the meanings indicated:
OUTDOOR SWIMMING POOL
Any artificial pool or structure or land-excavated area either permanently installed or created or temporarily placed on the premises of any person, intended for or suitable for swimming, bathing or wading and over 24 inches in depth, whether above or below the finished ground level.
PERSON
Includes a corporation, association, organization, firm and partnership, as well as an individual.
No outdoor swimming pool shall be constructed, assembled, enlarged or altered unless a permit is issued therefor. Permits shall be issued by the Building Inspector of the Village of Chittenango upon payment of the fee applicable to building permits as such fees exist at the time application is made.
Application for a permit to construct an outdoor swimming pool shall be made to the Building Inspector on such forms as he may require and shall be accompanied by detailed plans and drawings showing pool construction; lot lines; proposed location; fence construction; outdoor lighting system, if any; water supply system; drainage water disposal system, including the method and manner of disposal of water; appurtenances; filter system; electric, gas and sewer lines within 40 feet of the outside boundaries of the pool, and if none, a statement that there are none; and such other information as may be required.
Pool walls and floors shall be constructed or lined with an impervious material which shall provide a tight tank and shall be of sufficient strength to contain the water therein. All outdoor swimming pools and any facilities in connection therewith shall be located and constructed in conformity with approved plans. All outdoor swimming pools shall be constructed in such a manner that all water either overflowing or emptying from same shall be disposed of on the owner's land except upon special permit of the Village of Chittenango Zoning Board of Appeals; however, in no case shall wastewater be discharged into any public sanitary sewer of the Village of Chittenango.
All outdoor swimming pools are required to comply with the following regulations:
A. 
In-ground pools shall be completely enclosed by a fence or wall constructed of materials which shall be durable enough to prevent entrance into the pool area except by use of a gate or gates. If of wire mesh construction, this fence is not to have linkage or more than two inches in diameter. The entrance gate or gates shall be equipped with self-closing and self-latching devices. All gates shall be equipped with locks and kept locked when the pool is unattended. The fence and gates shall be at least four feet above the finished ground level. Doors of dwellings occupied by human beings and forming any part of the enclosure herein required need not be equipped with self-closing or self-latching devices.
[Amended 6-20-1989 by L.L. No. 2-1989]
B. 
Aboveground swimming pools with decks shall have railings around the decks and shall be equipped with security gates at the bottom of the steps with self-latching devices designed to keep and capable of keeping such gates securely closed at all times.
[Added 6-20-1989 by L.L. No. 2-1989]
C. 
Lights used to illuminate the pool or pool area shall be shielded or installed so as to prevent said lights from shining directly upon the property of any adjacent property owner.
D. 
No pool wall or related equipment shall be located within 10 feet of any adjoining property.
E. 
Outdoor swimming pools shall not be located within a front yard in any residential zoning district of the Village of Chittenango except upon special permit of the Village of Chittenango Zoning Board of Appeals.
F. 
No overhead electric lines shall be maintained within 20 feet of the nearest portion of a pool appurtenance.
G. 
Should the owner abandon the outdoor swimming pool, he shall 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 Building Inspector shall be notified thereof and approve the restoration.
[Amended 6-20-1989 by L.L. No. 2-1989]
Subsections A, B and C of § 128-5 herein shall apply to existing outdoor swimming pools and owners of said pools shall have six months from the effective date of this chapter to comply with the requirements of these subsections. Temporary pools now in place but moved after the effective date of this chapter shall, in addition to the foregoing, thereafter comply with Subsections D and E of § 128-5.
The provisions of this chapter shall be enforced by the Building Inspector of the Village of Chittenango.
A. 
Any person committing an offense against the provisions of this chapter shall be guilty of a violation pursuant to the provisions of the Penal Law and, upon conviction thereof, shall be punishable for each offense by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
[Amended 6-20-1989 by L.L. No. 2-1989]
B. 
Each day's continued violation of this chapter after written notice thereof shall constitute a separate and additional offense. In addition to the above-provided penalties and punishment or in lieu thereof, the Village Board of Trustees may also maintain an action or proceeding in the name of the village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.