[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:
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.
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.
