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Town of Somerset, MD
Montgomery County
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A. 
Residence requirement. Only residents are eligible for pool access. Exceptions may be made by the Town Council on a limited basis under special circumstances.
B. 
Use by nonresidents. Nonresidents may use the pool as guests of residents in accordance with the swimming pool rules and regulations.
C. 
Fees. The Council, by resolution, may set user and guest fees for use of the pool.
D. 
Rules and regulations. The Council may adopt rules and regulations governing the operation of the pool and the conduct of users and guests and providing for the enforcement of such regulations. Such enforcement may include the temporary or permanent suspension of privileges.
E. 
Suspension of privileges. Any suspension of privileges for more than two (2) days may be appealed to the Town Council.
F. 
Support of swim team. The Mayor and Council may support a swim team program at the Somerset Swimming Pool.
[Ord. No. 5-88, eff. 3-21-1988; amended by Ord. No. 8-91, eff. 7-15-1991; Ord. No. 4-93, eff. 4-22-1993; Ord. No. 5-93, eff. 4-22-1993; Ord. No. 4-17, eff. 9-5-2017; Ord. No. 1-18, 5-7-2018; Ord. No. 1-18-2, 5-7-2018, eff. 6-12-2018; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 5, § 5-301 of the 1989 Code)]
A. 
Residence requirement. Only residents are eligible for tennis court access. Exceptions may be made by the Town Council on a limited basis under special circumstances.
B. 
Use by nonresidents. Nonresidents may use the tennis courts as guests of residents in accordance with the tennis court rules and regulations.
C. 
Fees. The Council, by resolution, may set user and guest fees for use of the tennis courts.
D. 
Rules and regulations. The Council may adopt rules and regulations governing the operation of the tennis courts and the conduct of users and guests and providing for the enforcement of such regulations.
E. 
Suspension of privileges. The Mayor may suspend the privileges of any user who violates the tennis court rules. Such suspension may be appealed to the Town Council.
[Ord. No. 5-88, eff. 3-21-1988; amended by Ord. No. 8-91, eff. 7-15-1991; Ord. No. 4-93, eff. 4-22-1993; Ord. No. 3-19, 4-1-2019, eff. 5-8-2019; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 5, § 5-401 of the 1989 Code)]
A. 
The Mayor is hereby authorized to determine questions of residency, household membership, and other bases for eligibility for access to the Somerset swimming pool and the Somerset tennis courts. In making determinations of residency, the Mayor shall consider the following factors:
(1) 
The intent of the applicant to establish a fixed, present, and permanent residence in the Town;
(2) 
A showing of affirmative abandonment of the applicant's previous residence; and
(3) 
Any facts which reveal contact with one jurisdiction or the other, which may include, but not be limited to: where the applicant is registered to vote; where taxes are paid and any statement on tax returns; ownership of property or binding lease agreement; and where children attend school.
B. 
The applicant shall have the burden of proving that he is a resident of the Town.
C. 
The decision of the Mayor shall be final, subject to appeal to the Town Council.
D. 
Pending a final determination of eligibility for membership, an applicant may not use the facilities of the Somerset swimming pool or the Somerset tennis courts. Any unauthorized use of the facilities pending such determination shall be considered a trespass and shall subject the violator to the appropriate penalties.
E. 
Notwithstanding the foregoing, as used herein, a resident shall not include a tenant under a lease with a term of less than 30 days.
[Ord. No. 5-88, eff. 3-21-1988; amended by Ord. No. 8-91, eff. 7-15-1991; Ord. No. 8-91, eff. 7-15-1991; Ord. No. 4-93, eff. 4-22-1993; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 5, § 5-501 of the 1989 Code)]