[HISTORY: Adopted by the Board of Supervisors of the Township of Conestoga 9-6-1983 by Ord. No. 1983-01. Amendments noted where applicable.]
The following phrases as used in this chapter shall have the meanings hereby respectively ascribed thereto:
ABOVE-SURFACE SWIMMING POOL
Any pool used at any time for swimming which has its top water level above the surrounding ground level.
SURFACE SWIMMING POOL
Any pool, either artificial or natural, used at any time for swimming, which has its top water level at or below the surrounding ground level, except for farm ponds used exclusively for agricultural purposes.[1]
[1]
Editor's Note: Original Sec. 2, regarding fencing requirements, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
After the effective date of this chapter, subject only to the provisions of § 244-5 of this chapter, no person or persons, associations or corporations shall construct, maintain or operate an above-surface swimming pool unless and until it is equipped with a self-latching gate with a lock. The gate and lock shall be approved by the Conestoga Township Zoning Officer, whose approval or disapproval shall be based on the adequacy of the safety features of the gate and lock. The self-latching gate shall be locked at all times when the above-surface swimming pool is unattended.
The Conestoga Township Zoning Officer is hereby designated agent of Conestoga Township, Lancaster County, Pennsylvania, for the purpose of approving or disapproving fences, gates and locks for surface swimming pools and above-surface swimming pools as required in this chapter. In cases of new construction of surface swimming pools and above-surface swimming pools, such approval shall be obtained at the time of application for a building permit under Chapter 320, Zoning, of the Code of the Township of Conestoga.
All owners and occupiers of private premises which have existing surface swimming pools or above-surface swimming pools shall comply with the terms of this chapter within 90 days after the effective date of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.