[HISTORY: Comes from L.L.
No. 4-1965, adopted 4-27-1965, effective 5-27-1965.]
[1]
Editor's Note: The original Section 1 of this chapter
was as follows:
"It is hereby declared and found that the public interest
requires the regulation of the use and maintenance of portable swimming
pools. By this enactment, the Town Board of the Town of Hempstead
seeks to remove the danger of injury or drowning arising from the
use of unprotected portable swimming pools."
As used in this chapter, the following terms shall have the
meanings indicated:
Shall, for the purpose of this chapter, be construed to mean
a body of water greater than 18 inches in depth and having a plane
surface area larger than 99 square feet contained in a wholly or partially
aboveground, level, artificial or semiartifical, collapsible or noncollapsible
outdoor receptacle which is temporarily or permanently erected in
whole or in part, and maintained and used or intended to be used,
for swimming by adults or children, and which is used solely by the
owner, tenant or lessee of the premises upon which the pool is situated,
and by his family or friends and guests invited to use it without
payment of any fee.
No portable family swimming pool shall be assembled, maintained
or used unless:
A.
Such pool is located in the rear yard of the premises.
B.
A swimming pool cover which encloses the exposed water area of the
pool shall be securely fastened whenever the pool is left unattended.
Such swimming pool cover shall be constructed of such material and
fastened in such manner and be of adequate strength and design to
prevent the use of the pool by infants and children when not accompanied
by an adult. "Adequate strength" as used in this section shall mean
the ability at all times to support a weight of at least 60 pounds
above the level of the water. This subsection shall not apply if adequate
and durable fencing which is at least five feet in height and which
has been approved by the Building Department of the Town of Hempstead
is erected so as to completely enclose the pool itself. Such fencing
shall have a gate or entranceway locked at all times when no adult
is at the pool. Such gate or entranceway shall be equipped so that
it self-closes and snap locks. Nor shall this subsection apply if
the sides of the pool are at least six feet in height and entrance
can be gained only by use of a removable ladder which is detached
from the pool when no adult is present, and is kept locked in a secure
place, out of reach of infants and children, or if such ladder is
retractable so that when no adult is present the bottom of the ladder
be at least six feet above the ground.
The administration and enforcement of this chapter shall be
under the jurisdiction of the Building Department of the Town of Hempstead,
subject to the direction of the Town Board.
Any person or persons, association or corporation committing
an offense against this chapter, or any section or provision thereof,
is guilty of a violation punishable by a fine not exceeding $250 or
imprisonment for a period not exceeding 15 days for each such offense,
or by both such fine and imprisonment.
[1]
Editor's Note: Amended 3-19-1968 by L. L. No. 4-1968,
effective 4-8-1968.
