[HISTORY: Adopted by the Board of Trustees of the Village of West Haverstraw 3-3-1971 as Ch. 18 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning, planning and building — See Ch. 250.
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.
No swimming pool shall be installed or maintained unless:
A. 
Location. Such pool is installed in the rear yard of the premises.
[Amended 6-6-1979 by L.L. No. 3-1979]
B. 
B.
[Amended 6-6-1979 by L.L. No. 3-1979; 3-18-1998 by L.L. No. 2-1998; 8-19-1998 by L.L. No. 4-1998] Fence and gate requirements. Fence requirements shall be satisfied for all in-ground pools and out-of-ground pools.
(1) 
In-ground pools. There shall be erected and maintained a good quality chain link or wood stockade type fence, not less than four feet in height with posts embedded in concrete sunk in the ground to a depth of not less than three feet, at intervals of not more than eight feet, enclosing the entire portion of the premises upon which such pool shall be installed and entirely surrounding the area in which such pool is located. Such fence shall otherwise comply with the requirements of the New York State Uniform Fire Prevention and Building Code.[1]
[1]
Editor's Note: See Ch. 107, Fire Prevention.
(2) 
Out-of-ground pools. Elevated metal or wood guard rails at a minimum of 21/2 feet in height shall be erected and maintained around the outside of the pool coping, deck or walkway on the top of said pool. Such elevated metal or wooden guardrails shall satisfy the fence requirements of this chapter, provided, however, that where the out-of-ground pool has a deck which abuts, or is adjacent to, a dwelling and direct access to the deck is through the exterior wall of the dwelling, the following additional requirements shall apply:
(a) 
All windows in the wall shall have a latching device at least 40 inches above the floor;
(b) 
A swinging door in the wall shall be self-closing and self-latching;
(c) 
A sliding door shall have a self-latching device.
(3) 
Gate to be locked. Every gate or other opening in the fence enclosing such pool shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool.
(4) 
No exemption. The aforesaid fence requirements applicable to out-of-ground pools shall apply notwithstanding that the pool decking or pool top may be 46 inches or more above the adjoining grade.[2]
[2]
Editor's Note: Original Sec. 18-2(c), Gate to be locked, which immediately followed this subsection, was deleted 3-18-1998 by L.L. No. 2-1998.
C. 
Setback requirements. Such pool shall not be erected closer than five feet to the rear and side property lines of the premises or, in the case of a corner lot, closer than 10 feet to any property line along an abutting street.
[Amended 3-18-1998 by L.L. No. 2-1998]
D. 
Area limited. 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.
E. 
Cross-connections. If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.
F. 
Location of inlet. 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.
G. 
Chemical treatment. 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.
[Amended 8-19-1998 by L.L. No. 4-1998]
No permission 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 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.
[Amended 3-18-1998 by L.L. No. 2-1998]
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 light beyond such property lines.
[Amended 3-18-1998 by L.L. No. 2-1998]
A. 
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 are capable of holding 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 pond, 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.
B. 
The Village Board of Trustees reserves the right to relieve any property owner from compliance with the foregoing provisions or to permit modification or erection 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 around and are of the type generally used by children.
[Added 3-18-1998 by L.L. No. 2-1998]
Any person violating any provision of this chapter shall be punishable, upon conviction, by a fine of not more than $250 or imprisonment for a period not exceeding 15 days, or both.