[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 3-14-1974 as Ch. 18 of the Code of Ordinances. Section 204-7 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Swimming pools may be installed only as accessory to a dwelling for the private use of the owners or occupants of such dwelling and their families and guests or as accessory to a nursery school or day camp for children and only on the conditions provided in this chapter and in accordance with deed restrictions.
No swimming pool shall be installed or maintained unless:
Such pool is installed in the rear yard of the premises. Other locations require a variance from the Zoning Board of Appeals.
All pools 42 inches or more, which have a nonremovable means of access, must be enclosed with fencing. All pools 42 inches or more from the ground, which have a ladder or other means of access which can be lifted up and locked up so that the first step, when closed, is more than two feet from the ground, do not have to be enclosed with a wire fence. All inground pools that are able to hold 18 inches or more of water shall be required to have fencing enclosing them, regardless of whether they were constructed prior to the last law. In addition, all aboveground pools whose means of access are via ladders that are removable or can be lifted in conformity with this chapter, and do not fall into the category that requires fencing, must have the means of access removed or secured (locked) at all times the pool is not in use or else they are in violation. Pools holding water should have the water tested so that it does not become stagnant and cause health hazards for youngsters who might play there, with or without permission.
Every gate or other opening in the fence enclosing such pool, except an opening through the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool.
Such pool shall not be erected closer than four feet from the rear and side property lines of the premises or, in the case of a corner lot, closer than 12 feet from any property line along an abutting street.
Such pool does not occupy more than 40% of the area of the rear yard, excluding all garages or other accessory structures located in such area.
If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.
If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of the pool.
Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the State Sanitation Code relating to public swimming pools.
No swimming pool may be constructed or erected in the village without a building permit from the Village Building Inspector. No permit shall be granted for the installation of any swimming pool, unless the plans therefor meet the minimum Village Building Department construction requirements nor until the owner of the premises has filed with the Building Department a certificate approved by the Village Engineer and by a professional engineer licensed by the state that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public highways.
No loudspeaker device which can be heard beyond the property lines of the premises on which any swimming pool has been installed may be operated in connection with such pool, nor may any lighting be installed in connection therewith which will throw any rays beyond such property lines.
Every person owning land in the village on which there is situated a pond or other body of water, except swimming pools regulated by this chapter, in which swimming and bathing are permitted and which can contain 30 inches or more of water in depth at any point, shall erect and maintain thereon an adequate enclosure, either surrounding the entire property or surrounding the pool or bathing area, sufficient to make such body of water inaccessible to children. Such enclosure, including gates therein, shall have a height not less than four feet above the underlying ground; all gates shall be self-latching with latches placed not less than four feet above the underlying ground and shall be key-locked when not supervised by an adult on the premises. Fences at least three feet in height are expected from the provisions of this section.
The Village Board of Trustees reserves the right to relieve any property owner from compliance with these foregoing provisions or to permit modification or erecting of substitute enclosures upon application of such property owner at a regular meeting of the Village Board of Trustees.
This chapter does not apply to rubber or plastic pools less than 18 inches in depth which are merely laid on the ground and are of the type generally used by children.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.