Town of Frankfort, NY Swimming Pools

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.

§ 78-2 Fence requirements.

It shall hereinafter be declared unlawful for any person to construct a swimming pool, be he owner, purchaser under contract, lessee, tenant or licensee, on land in the Town of Frankfort, unless he shall, in conjunction therewith, construct a fence or other solid structure designed to prevent the entrance into the pool area of children and animals. Said fence shall be a minimum of four feet and a maximum of six feet in height and shall be of wooden or wire construction. The following shall control in the construction of said fence:

(1)

For a fence or other solid structure whose chief covering members are constructed in a vertical direction, there shall be no opening in a horizontal direction of more than six inches.

(2)

For a fence or other structure whose chief members are constructed in a horizontal direction, there shall be no openings in a vertical direction of more than six inches.

(3)

A wire fence shall be of the armored or ornamented type, with openings in the mesh not to exceed two inches in one direction, either horizontal or vertical, by six inches in the opposite direction.

(4)

There shall be not more than six inches from the bottom of the fence to the ground line.

Said fence shall completely surround the swimming pool area. Said fence shall have a gate or gates, as so desired, with protective fastening latches and locking devices, which shall be maintained in a closed or locked position whenever the pool area is not being used.

§ 78-3 Time limit to install fence; existing fences.

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.

§ 78-4 Exceptions.

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.

§ 78-5 Enforcement officer.

The Code Enforcement Officer shall be charged with the enforcement of this chapter.

§ 78-6 Penalties for offenses.

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.