[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown
10-2-1995 by L.L. No. 8-1995. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A structure designed for wading, constructed or installed either
above or below, in whole or in part, the surface of the ground and capable
of containing a maximum depth of water of less than two feet.
PRIVATEAny reasonably permanent pool or open tank designed for swimming or wading, not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than two feet. Ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
PUBLICAny open or enclosed place open to the public for amateur and professional swimming or recreative bathing, whether or not a fee is charged for admission or for the use thereof.
This definition shall be deemed to include any public or private pool
which is connected to the Village of Tarrytown's sewer system.
The provisions of this chapter shall apply to all existing swimming
pools and portable wading pools within the village, to all swimming pools
and portable wading pools connected to the Village of Tarrytown's sewer system
and to all swimming pools and portable wading pools constructed or installed
after the effective date of this chapter.
A.
No swimming pool or appurtenances thereto shall be constructed,
installed, enlarged or altered until a permit has been obtained from the Building
Inspector after submission of plans as set forth hereinafter. No swimming
pool shall be filled for use or used without prior inspection and approval
of the Building Inspector to determine whether or not there has been compliance
with the provisions of this chapter. Should the Building Inspector determine
that any swimming pool theretofore approved is thereafter being used other
than in compliance with this chapter, such swimming pool shall be drained
and kept drained and shall not be filled for use or used again until it is
brought into compliance.
B.
All public pools shall comply with all of the requirements
of the Westchester County Department of Health. It shall be the responsibility
of the property and/or pool owner or the person responsible therefor to obtain
all necessary approvals and permits from the Westchester County Department
of Health.
Plans required by this chapter shall accurately show dimensions and
construction of pool and appurtenances and properly establish distances to
lot lines, buildings, walks and fences, details of water supply, drainage
and water disposal systems and all appurtenances pertaining to the swimming
pool. Detailed plans of structures, vertical elevations and sections through
the pool showing depth shall be included.
All swimming pools must be enclosed and or fenced in compliance with
the New York State Uniform Fire Prevention and Building Code entitled, "Swimming
Pool Enclosures."
A.
All swimming pools shall be equipped so that they may
be completely emptied of water. Discharge water shall be disposed of in a
manner that will not create any runoff and/or nuisance onto or to any other
property and without causing flooding or sewer backup.
B.
There shall be no discharge or drainage of water from
a swimming pool until the Superintendent of Public Works or his/her designee
has determined that the method or manner of emptying the pool and the connections
of such drain to the sewer are not contrary to the public interest or maintenance
of the sewer system or to the interest of other property owners. The responsibility
to prove that the discharge or drainage of water from the swimming pool is
not contrary to the public interest rests with the property owner. The Superintendent
of Public Works may request certification of proof from a professional engineer.
The cost thereof shall be borne by the property owner. The Superintendent
of Public Works or his/her designee must receive advance notice of any discharge
or drainage of water from a swimming pool.
C.
Any discharge or drainage pipe or line from the swimming
pool to the sewer can be no wider than four inches in diameter.
D.
A restrictor valve must be placed in the discharge or
drainage pipe or line of a swimming pool whose capacity is in excess of 15,000
cubic feet of water. The restrictor valve must be designed by a professional
engineer, and the design and certification that the valve has been installed
in accordance with the design must be submitted to the Superintendent of Public
Works prior to discharge or drainage into the village's sewer system. This
restrictor valve must be inspected and tested by a professional engineer once
a year to ensure that its function of preventing sudden discharges of water
from the swimming pool is in proper working order. The report of the inspection
shall be submitted to the Superintendent of Public Works.
E.
Water drained from the pool shall not be discharged to
the sewer system during periods of rain or storms. At no time shall the rate
of drain water discharge exceed a flow of 200 gallons per minute.
F.
The discharge or draining of water from a swimming pool
and the backwashing of swimming pools in excess of 15,000 gallons into the
sewer system shall be restricted to the period between 12:00 midnight and
8:00 a.m.
G.
The names, addresses and telephone numbers of the people
in charge of backwashing and draining swimming pools whose capacity is in
excess of 12,000 cubic feet of water shall be submitted to and shall remain
on file with the Superintendent of Public Works.
H.
In matters pertaining to technical requirements for the
discharge of water from the swimming pool, the Code Enforcement Officer shall
obtain, as needed, the consultation of the Superintendent of Public Works.
A.
It shall be the duty of the Code Enforcement Officer/Building
Inspector/Superintendent of Public Works to enforce the provisions of this
chapter. The Code Enforcement Officer/Building Inspector/Superintendent of
Public Works or their duly authorized agents are hereby authorized to enter,
at reasonable times, with the knowledge of and accompanied by the owner or
operator, upon the premises of public or private swimming pools to inspect
the premises for compliance with the provisions of this chapter.
B.
The village shall have the right to require the owner
of a swimming pool, upon not less than 24 hours' written notice, to maintain
and/or to make such repairs as are specified as to place and manner and/or
to drain the swimming pool under village supervision when an incident occurs
and the discharge or drainage of water from a swimming pool damages public
or private property and/or threatens the health, safety and welfare of any
resident of the village.
C.
Where there is reason to believe that the swimming pool
water discharge or drainage system has become defective, the Code Enforcement
Officer may direct that such system shall be subjected to tests to disclose
any defect, and in the event that such tests disclose defects, repair work
shall be subjected to retesting after completion.
D.
If the owner of the swimming pool fails to maintain or make the required repairs, the Board of Trustees may authorize repairs to be done in order to protect the health, safety and welfare of its citizens and may assess the expense thereof upon the swimming pool owner in addition to any fine that may be imposed by § 265-9 of this chapter for each offense and may recover by action, in whatever court deemed appropriate, against such owner or occupant the costs of the maintenance and/or repair, and the village may bring an action, in whatever court deemed appropriate, to enjoin the violation. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
If any clause, sentence, paragraph, word, section or part of this chapter
shall be adjudged by any court of competent jurisdiction to be unconstitutional,
illegal or invalid, such judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the clause, sentence,
paragraph, word, section or part thereof directly involved in the controversy
in which said judgment shall have been rendered.
Any person who shall violate any provisions of this chapter shall, upon
summary conviction before an issuing authority having jurisdiction thereof,
be punishable by a fine of not more than $500 and costs of such proceeding
and, upon default in payment of such costs and fine, by imprisonment in the
county jail for a term of not more than five days. The continuation of such
violation for each successive day shall constitute a separate offense, and
the person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
