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.