[HISTORY: Adopted by the Mayor and Council of the Borough of Essex Fells 10-18-1960 by Ord. No. 324 (Ch. 15.12 of the 1992 Code). Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have the meaning indicated:
- PERMANENT PRIVATE SWIMMING POOL
- Describes and refers to a tank or receptacle for water, wholly or partially set in the ground, in the open and not within a building, constructed with sides which slope away from the ground level at an angle or grade of 45° or more, having a depth at any point greater than two feet, constructed or maintained for the use of the owner or other occupant of a private dwelling, his family or guests, on lands adjacent to such dwelling.
All permanent private swimming pools shall be completely surrounded by a fence, wall or other enclosure of the type and dimensions specified in this chapter. The fence or wall required to be erected under this chapter shall be at least four feet in height and shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension except for doors or 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. All gates used in conjunction with the fence or wall shall meet the same specifications as the fence or wall itself and shall be equipped with approved locking and latching devices and shall be locked at all times when the pool is not in actual use.
It is the duty of the Building Inspector and the Police Department to enforce the provisions of this chapter, and the owner or operator of any such permanent private swimming pool within the Borough shall allow the Building Inspector or any police officer or other authorized official access to the premises upon which such pool is situated for the purpose of inspection to ascertain compliance with this chapter and all other pertinent Borough ordinances, at all reasonable times.
Any person, partnership, association or corporation, or any member thereof or officer of same, who violates this chapter or any part thereof, shall, upon conviction, be punished as provided in Chapter 1, Article III, General Penalty, for each and every offense. Each and every day that a violation continues shall be deemed to be a separate offense.