[HISTORY: Adopted by the Board of Trustees of the Village of Caledonia 6-19-1990 as L.L. No. 1-1990 (Ch. 54 of the 1981 Code). Amendments noted where applicable.]
The purpose of this chapter shall be to improve and promote the health, safety and general welfare of the community and particularly the young people of the community by establishing requirements that the owners of property enclose areas on their property which have pools or ponds.
No dam, quarry, sinkhole or other similar excavation containing water or capable of containing water where the water's edge is located within or less than 100 feet, measured by a straight line, from the nearest structural part of any dwelling house, church, school, road, street, highway or park, not including the dwelling house or houses owned by the owners of the dam, quarry, sinkhole or other similar excavation, and no swimming pool or wading pool, in any of which is maintained water in excess of three feet in depth at the deepest point and in which said water is permitted to accumulate and remain for a period of 48 hours, shall be hereafter erected or constructed or maintained or permitted to exist within the limits of the village unless and until an enclosure four feet in height is erected surrounding the water area of the dam, swimming pool, wading pool, quarry, sinkhole or other similar excavation.
Within 60 days after the effective date of this chapter and upon receipt of the notice required by § 97-4 hereof, any person, corporation or association maintaining a water area, as defined in § 97-2 hereof, which has existed before the effective date of this chapter shall comply with all provisions of § 97-2 of this chapter and shall erect an enclosure four feet in height surrounding the water area.
It shall be the duty of the Village of Caledonia, acting through its Zoning Enforcement Officer, to determine whatever existing water areas shall be enclosed, as required by § 97-2 hereof, and to give written notice to the owner, tenant or occupier to comply with such notice in accordance with the terms of this chapter.
Any person, corporation or association receiving the notice set forth in § 97-4 may, instead of erecting the enclosure as required, remove the hazardous conditions forthwith.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.