[HISTORY: Adopted by the Common Council of the City of Hudson 12-13-1973 by Ord. No. 31-1973 (Ch. 104 of the 1973 Code). Amendments noted where applicable.]
For the purpose of this chapter, the terms used herein are defined as follows:
- The building or installing of a new swimming pool or the enlarging of an existing swimming pool or any of its facilities.
- Includes corporations, companies, associations, societies, firms and partnerships as well as individuals.
- PORTABLE POOL
- Any above-surface-type pool of more than 75 cubic feet capacity, not stationary or fixed but capable of being removed for storage.
- PRIVATE SWIMMING POOL
- Any pool of water having a water depth in excess of 18 inches and an area greater than 75 square feet, designed, used and maintained for swimming purposes by an individual for use by his household and guests without fees and located on property owned, leased or otherwise used and maintained by the owner of said swimming pool; it shall further mean and include fill-and-draw, flow-through and recirculation pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading, and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers or lakes nor baths used for cleansing of the body or practice of the healing arts.
- WADING POOL
- Any artificially constructed pool intended for use by children, not designed or used for swimming, with a maximum area of 75 square feet and a maximum water depth of 18 inches.
All materials used in the construction of private swimming pools or wading pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning, and shall be maintained and operated in such manner as to be clean and sanitary at any time when any such pool shall be in use or at such times as the same shall be subject to use. Inlets of treated water shall be so located and spaced as to secure satisfactory dispersion of the water throughout the pool and not to interfere with draining, cleaning and disinfecting of the bottom and sides. Sand or earth bottoms shall not be used.
It shall be unlawful to use any temporary electrical connections in or about any private swimming pool, portable pool or wading pool. All electrical connections shall be of waterproof type and shall bear the Underwriters' Laboratory seal of approval and shall be effectively grounded.
There shall be no physical connection between a potable public or private water supply system and such private swimming pools, wading pools or portable pools below the maximum water line of the pool or to a recirculating or heating system of said pool. The piping system shall be designed to circulate the pool water through filtering equipment. Potable water shall feed the pool overflow level. Potable water siphons will not be permitted to drain the aforesaid pools. The installation, repair and control of plumbing facilities shall comply with the Plumbing Code of the City of Hudson.
All circulating units shall have a sufficient capacity to recirculate the entire contents of a pool within 24 hours or less.
All pools supplied by a public or quasi-public water supply system and not equipped with facilities for the recirculation and reuse of the pool water shall be subject to closure by order of the Mayor during any period of emergency water shortage declared by a duly authorized public official.
Whenever any pool is a hazard to the health of the public, the Code Enforcement Officer is authorized to summarily close such pool upon the failure of the owner, lessee or occupant of the premises upon which such pool is located to take satisfactory action to abate such hazard to the health of the public within 24 hours after the receipt of the notice required by § 271-12A hereof, and keep such pool closed until no further hazard to the public exists, subject to the right of appeal to the Common Council by the owner of such pool. Said appeal, however, shall not stay the action of the Code Enforcement Officer.
All private swimming pools, wading pools or portable pools with a water depth of more than one foot, now constructed, installed, established or maintained, or hereafter constructed, installed, established or maintained within the City of Hudson, shall be provided with the necessary equipment to completely pump out or empty said pool, or shall be emptied by providing one drainage outlet, to be installed at the lowest point of said pool, not in excess of three inches in diameter, extending from said pool to either a storm sewer, catch basin, lawn watering system, adequate dry well or sand filtering pit on the premises on which said private pool is located. The discharge of water from such pools into a storm sewer shall be permitted only where the capacity is adequate as determined by the Superintendent of Public Works. No private pool drain, wading pool drain or portable pool drain shall be connected into the sanitary sewer system. The discharge of said waters shall in no case cause or create a nuisance to the abutting property or to the public. The discharge of said waters, either directly or indirectly, upon the property of others, shall be deemed a nuisance under the terms of this chapter.
All private swimming pools, wading pools or portable pools with a water depth of more than one foot shall be disinfected by the use of disinfecting agents with disinfecting qualities equal to that obtained from chlorine-bearing compounds. No water shall be used for swimming purposes which, when tested, shall show coliforms contained therein. For the purposes of this section, the use of disinfecting agents approved by the National Swimming Pool Institute, or such disinfecting agents as shall meet the same or higher standards, shall be deemed compliance with this section.
All private swimming pools now existing or hereafter constructed, installed, established or maintained, with the exception of wading and portable pools, shall be completely and continuously surrounded by a permanent, durable wall, fence or barrier which shall be no more than six feet nor less than four feet in height above grade and shall be so constructed as to have no opening, mesh, hole or gap larger than two inches in any dimension, except for doors and gates; provided, however, if a picket fence is erected or maintained, the horizontal dimension of any gap or opening shall not exceed 2 1/2 inches. No fence of any kind or material shall be constructed or maintained which shall contain projections of any kind at any point on the outer surface of said fence. A dwelling house or accessory building may be used as part of such enclosure. All gates used in conjunction with any of the above-described enclosures shall conform to the specification required above as to height and dimensions of openings, mesh, holes or gaps in the case of fences, and all gates and doors shall be equipped with self-closing and self-latching devices for keeping the gate or door securely closed at all times when not in actual use. Gates and doors shall be locked when the pool is not in use or is unguarded or unattended; provided, however, that nothing herein contained shall be construed to require the construction of an additional wall, fence or barrier where, in lieu thereof, the entire premises or a part thereof wherein the pool is contained shall be fully enclosed by a wall, fence or barrier which meets the specifications set forth herein.
Every outdoor wading pool or portable pool shall be enclosed by a durable wall, barrier or fence as described in the preceding subsection, unless such outdoor wading pool or portable pool be:
Emptied when not in use or unattended; or
Covered with a suitable, strong protective covering fastened or locked in place when not in use or unattended. (A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it will support a minimum dead weight of 200 pounds.)
All persons now owning or maintaining any outdoor swimming or wading pool shall be and hereby are granted a period of 90 days after the effective date hereof within which to enclose the same as herein provided; except that any such person now owning or maintaining an outdoor swimming pool or wading pool presently enclosed by a fence or barrier which substantially complies with the requirements of this section may be exempted from the strict requirements thereof for a period of one year to substantially alter, remove, replace or rebuild such fence upon obtaining from the Building Inspector a certificate of substantial compliance, as hereinafter provided:
Substantial compliance, for the purpose of this section, shall mean and include any fence or barrier which, now or hereafter, shall be maintained at a minimum height of 42 inches above grade, have no opening, mesh, hole or gap larger than four inches in any dimension and does not have any projections at any point on its outer surface.
A certificate of substantial compliance may be granted by the Building Inspector within 90 days after the effective date hereof upon payment of an inspection fee of $1 and written application to and establishing to the satisfaction of the Building Inspector, in such a manner as shall be prescribed by said Building Inspector, that the applicant's fence is maintained in substantial compliance with the requirements of this section.
All persons now owning or maintaining a portable pool shall be and are hereby granted a period of 30 days after the effective date hereof to comply with the provisions of this section, anything to the contrary therein notwithstanding.
No private swimming pool, as defined by this chapter, or accessory building, shall be erected or placed nearer to a street property line or nearer to a side property line than would be allowed for buildings in Chapter 325, Zoning.
No person using a private or portable swimming pool shall indulge in disorderly or noisy or disturbing conduct or act in any manner as to annoy, disturb or be offensive to any neighboring householder.
No artificial lighting shall be maintained or operated in connection with a private swimming pool, wading pool or portable pool in such a manner as to be a nuisance or an annoyance to neighboring properties. Such lighting shall not shine directly upon any abutting property. No unshielded lights shall be permitted.
No person or persons, corporation or organization shall construct a private swimming pool until the plans and specifications thereof shall first have been submitted to and received the approval of the Building Inspector or his duly authorized representative.
No permit for a private swimming pool, as defined in this chapter, shall be issued by the Building Inspector until the plans, specifications and plot plan have been approved by the Plumbing Inspector, and such approval must be directly obtained from the Plumbing Inspector by the applicant.
Every private swimming pool, wading pool or portable pool constructed, installed, established or maintained in the City of Hudson shall at all times comply with the provisions of this chapter and any amendment thereto. Any nuisance or hazard to health which may exist or develop in, in consequence of or in connection with any such private swimming pool, wading pool or portable pool shall be forthwith abated and removed by the owner, lessee or occupant of the premises on which the said pool is located, upon receipt of notice from the Code Enforcement Officer.
It shall be the duty of the Code Enforcement Officer, the Building Inspector and any police officer of the City of Hudson to investigate alleged violations of this chapter and enforce the provisions of same.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable as follows: by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250, 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.