[HISTORY: Adopted by the Town Board of the Town of Deerpark 10-12-1976 by L.L. No. 3-1976. Amendments noted where applicable.]
Zoning — See Ch. 230.
The following words, when used in this chapter, shall have the following meanings:
- An individual, corporation, association, firm, partnership or organization.
- SWIMMING POOL
- Any pool or tank, artificially constructed, installed or maintained upon any premises used for swimming, wading or bathing purposes with a surface area of more than 120 square feet and a wading depth of more than 18 inches.
- The Town of Deerpark, New York.
- TOWN BOARD
- The Town Board of the Town of Deerpark, New York.
- TOWN BUILDING OFFICIAL
- The Building Official of the Town of Deerpark, New York.
Whenever, in this chapter, any wording importing the singular number or masculine gender is used in describing or referring to any person, party, matter or thing, the same shall include and apply to several persons or parties as well as to one person or party, to females as well as males, and to several matters or things as well as one matter or thing.
It shall be unlawful for any person to hereafter construct or install a swimming pool in the Town without having first obtained a permit therefor. Application for such a permit, accompanied by four sets of plans and specifications of such proposed swimming pool, shall be filed with the Building Official. There shall be stated in such application the premises and the exact location thereon where said swimming pool is proposed to be constructed or installed. The Town Board shall not pass on the structural features or durability of the swimming pool except as hereafter provided, but shall issue a permit therefor if the same complies with the provisions of this chapter. A fee of $10 shall be charged for such permit and shall accompany the application.
Such swimming pool shall be made of materials which are waterproof and easily cleaned. No aluminum paint shall be used as a finish. No sand or earth bottoms shall be used as the floor of said pool.
No such swimming pool, deck or fence surrounding such pool hereafter constructed or installed shall be located nearer than 10 feet to any property side line. No swimming pool shall be constructed or installed in any front yard.
No artificial lighting shall be maintained or operated in connection with any swimming pool presently constructed or installed or hereafter to be constructed or installed, in such manner as to unreasonably interfere with the occupants of neighboring properties.
Every swimming pool heretofore or hereafter constructed, installed or maintained shall be completely enclosed by a fence of durable construction not less than four feet high nor more than six feet high from the ground and with no footholds, having at least one gate or door, which gate or door shall be kept securely locked by a self-closing snap lock at all times when pool or pool area are not being used. If the fence be of wire construction it is not to have a linkage more than two inches in diameter. Such fences shall be approved in writing by the Building Official of the Town of Deerpark. This provision shall not apply to fences safeguarding swimming pools existing at the time this chapter becomes effective. In such cases the Building Official is hereby authorized and directed to approve such existing fences in his discretion which substantially comply with this section. This provision, except for the requirements of the gate or door, shall be inapplicable to the extent that a part or all of the pool is enclosed by the side or sides of a building, and the locking requirement shall not apply to any door of a building.
Any above ground pool four feet or more in height must have a safety retractable or removable ladder. The said ladder must be in the upright safety position or removed when the pool is not being used or is unattended. If these requirements are met no fence as required in § 204-6 will be necessary.
Any drainage from a swimming pool as defined in this chapter shall be discharged in such a manner that sewage can not be siphoned, flooded or otherwise discharged into the swimming pool. There shall be no physical connection between a portable public or private water supply system and a pool structure.
Every swimming pool presently constructed or installed or hereafter constructed or installed shall be maintained at all times in a reasonably safe condition. Any unsafe condition shall be forthwith corrected upon notice from the Town Board.
The Town Board, upon written application, may grant variances to any provisions of this chapter.
Any person violating any of the provisions of this chapter, shall, upon conviction thereof, be guilty of a violation and shall be subject to the payment of a fine not exceeding $250 or to imprisonment for a period not exceeding 15 days, or both. Each day's violation shall constitute a separate and additional violation. Notwithstanding the penalty hereinbefore provided, the Town of Deerpark may enforce obedience of this chapter or any part thereof by injunction to restrain such violations.