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City of Middletown, NY
Orange County
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Table of Contents
Table of Contents
Code
New Laws (12) Index
[HISTORY: Adopted by the Common Council of the City of Middletown 8-9-1943 (Ch. 33 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 475.
The owners of lots upon the streets of said City must enclose the same by suitable fences such as the Common Council may deem necessary for the protection of the public within the period of 15 days after being notified and directed so to do by direction or resolution of the Common Council.
No owner or occupant of property or other person shall construct, maintain or permit the use in the City of Middletown of a fence of barbed wire or any fence of which barbed wire is a part, upon any private boundary line or along the boundaries of any street or public place, with the exception that unimproved property or business or industrial property may be enclosed with a fence containing one or more strands of barbed wire along the top, provided no strand of barbed wire is nearer than four feet to the ground.
[Added 7-9-1973]
A. 
Artificial swimming pools shall be protected by a fence, wall, building, enclosure or solid wall of durable material. Such artificial barriers shall be constructed so as to afford no external handholds or footholds, be at least four feet in height so that a small child cannot grasp its top by jumping or reaching and be equipped with a self-closing and positive self-latching closure mechanism at a height above the reach of small children and be provided with a suitable locking mechanism.
B. 
An aboveground swimming pool shall not be required to be enclosed or fenced if its walls or sides for a height of at least four feet above the bottom level of the pool are smooth; if its walls provide no toeholds or other means of climbing such walls or sides to gain access to such pool; and if no part of the walls or sides of such pool are recessed into the ground, or abut a rise in the ground, a sun deck, promenade or other structure from which access to such pool may be had. In the event any such aboveground pools are so recessed or do so abut any such structure or rise in the ground, that portion of such pool as is recessed into the ground or abuts a rise in the ground, sun deck, promenade or other structure shall be enclosed with a wall, fence or other substantial enclosure as required in Subsection A of this section, between the points where such pool wall is recessed into or abuts the ground or other structure, unless such ground or structure shall be so constituted, or so constructed as not to be climbable for a height of four feet above the bottom level of the pool. Any steps or ladders used to gain access to any aboveground pool, if not within an enclosure, shall be removed from such pool, retracted to a height of four feet above the ground, or otherwise secured so as not to be able to be used for access to the pool when the pool is not in actual use. Pools that are completely enclosed shall be exempt from the fencing provisions of this chapter.
C. 
Definitions. For the purpose of this section, the terms used herein are defined as follows:
PORTABLE SWIMMING POOL
Any pool consisting of a water-type container open at the top, made of fabric, plastic or other materials and supported by a frame and resting on the ground or in the ground, capable of being wholly or partly filled with water or other liquid, and so constructed that it may be taken apart and stored when not in use; or any pool less than 200 square feet.
D. 
All portable swimming pools, in lieu of fencing, may be equipped with a suitable strong cover, which shall be put in place and locked at all times when the occupant of the dwelling to which the pool is an accessory, or some other responsible person delegated by him, is not either in the pool or attendant thereon. If a portable swimming pool is equipped with a ladder, stairway or ramp in order to facilitate entry into the same, such ladder, stairway or ramp shall be removed when the pool is not in use and temporarily unattended.
E. 
Enforcement. This chapter shall be enforced by the Commissioner of Public Works or his designated representative.
F. 
Violators shall be punished as provided in Chapter 252, § 252-4A of this chapter.
[Amended 7-9-1973; 4-22-1997]
Any person who shall fail to comply with a written order of the Commissioner of Public Works or his designee within 30 days following a written notice served by mail or personal service by the Commissioner or his designee that a violation of any provisions of this chapter exists shall be guilty of an offense within the meaning of the Penal Law of the State of New York and, upon conviction thereof, shall be subject to a fine of not less than $100 nor more than $250. Each day that a violation is permitted to exist shall constitute a separate offense.