For the purpose of this chapter, the following terms shall have
the meanings indicated:
SWIMMING POOL
Includes any artificial in-ground receptacle of water, to
include but not to be limited to concrete masonry, metal, plastic,
rubber or other impervious material. A "swimming pool" shall be considered
in-ground if it can be entered at ground level from any side. This
chapter is not intended to include any natural body or bodies of water.
Within 45 days of the adoption of this chapter, it shall be unlawful for any person in possession of land within the Town of Frankfort, be the owner, purchaser under contract, lessee, tenant or licensee, who at the adoption of this chapter has a swimming pool meeting the definition aforesaid, to maintain said pool without a fence meeting the requirements as set forth in §
78-2 hereof. However, in the event that said person has an existing fence at the time of the adoption of this chapter, he may make application to the Code Enforcement Officer for approval of the existing fence, and the Code Enforcement Officer, in his discretion, may grant approval of existing fences which substantially comply with this section. In any event, said application for the approval of existing fences must be made within 45 days of the adoption of this chapter, and in the event that an existing fence is disapproved, said person shall have 45 days from written receipt of his disapproval thereof to comply with this chapter.
This chapter is not intended to cover aboveground pools. However,
whenever said pool or pool area is not in use, it shall be a violation
of this chapter to allow the steps, ladder or other means or device
for entering said pool to be in a position for immediate entry to
said pool.
The Code Enforcement Officer shall be charged with the enforcement
of this chapter.
Any person who violates any provision of this chapter shall
be deemed to have committed an offense and, if convicted of the same,
shall be liable to a penalty of not more than $250 and/or subject
to imprisonment of not more than 15 days, or both, for each violation.