[HISTORY: Adopted by the Board of Trustees of the Village
of Mineola 12-14-1994 by L.L. No. 4-1994 (Ch. 35 of the 1994
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 550.
This chapter shall be known and may be cited as the "Swimming
Pool Law of the Village of Mineola, New York."
No outdoor swimming pool shall be constructed, erected or maintained in the Village of Mineola except in conformity with this chapter, the Zoning Law, being Chapter 550 of the Municipal Code, and the Housing Code, being Chapter 300 of this Municipal Code, and all applicable state laws, rules and regulations.
As used in this chapter, the following terms shall have the
meanings indicated:
A private swimming, bathing, or wading pool, above or below
ground, have a depth for retaining of water of 24 inches or more and
a capacity of 200 gallons or more and intended for use by human beings.
No swimming pool shall be constructed, erected or maintained
unless a permit for the same shall have been issued by the Village
of Mineola. An application for such permit shall be on such form as
may be furnished by the Village and shall be accompanied by complete
plans and specifications of the pool, the plan for the disposal of
water, the type and location of fencing and a survey or map showing
the location thereof with respect to the boundary lines of the land
of the applicant. Permits may be issued only upon application of the
owner of the land or his or her agent duly authorized in writing to
make such application. Application shall be accompanied by a permit
fee established by resolution of the Board of Trustees.
No pool shall be built, constructed or maintained except of
materials having adequate strength to retain the water designed to
be contained therein. Each pool shall be designed in accordance with
sound engineering practice.
Water overflowing from the pool, and, when the pool is emptied,
the water therefrom, shall be disposed of on the owner's land
and shall be prevented from flowing over or into the land of any adjoining
property owner or over or into any abutting street or into any sanitary
sewer.
Every pool shall be completely enclosed with fencing of a height
not less than four feet nor more than six feet to prevent accidental
entry and unauthorized use of the pool. The Village may prescribe
the method and type of fencing which will, in the opinion of the Board
of Trustees, safeguard the public health, safety and general welfare.
In making such determination, the Board of Trustees shall take into
consideration the character of the district, with a view to conserving
the value of the buildings and land and encouraging the most appropriate
use of land within the municipality.
There shall be a perimeter of at least four feet around said
pool, which perimeter shall be between the edge of the pool and the
fence erected around the pool.
No lighting shall be permitted in, on or about said pool, except
such lighting that shall shine into or upon said pool and cast no
light or reflections onto abutting properties.
Should the owner abandon the pool, he or she shall arrange to
remove the depression and return the surface of the ground to its
original grade and approximately in the same condition as before the
pool was constructed, and he or she shall further notify the Department
of Building and Code Enforcement of the abandonment so that the inspection
of the site may be made and the records of the permit be marked accordingly.
Every pool shall be constructed at least 10 feet distant from
any lot line.
The enforcement officer shall be empowered to enforce the regulations
herein set forth and to compel the removal of any pool that fails
to meet the requirements as to installation or proper maintenance
of the pool, fencing, water disposal and appurtenances.
[Amended 1-5-2000 by L.L. No. 9-2000]
The violation of any provision of this chapter shall be punishable as set forth in § 1-6 of this Code.
