[HISTORY: Adopted by the Board of Trustees
of the Village of Pittsford 3-14-1989 as Ch. 127 of the 1989 Code.
Amendments noted where applicable.]
No private swimming pool shall be constructed
or maintained in the Village unless the provisions of this chapter
are complied with.
As used in this chapter, the following terms
shall have the meanings indicated:
Any body of water or receptacle for water having a depth
at any point greater than two feet, used or intended to be used for
swimming, bathing or wading, constructed, installed, moved or maintained
in or above the ground outside of any building, dwelling or any structure.
Any swimming pool in the Village shall be deemed
a building or structure under all applicable provisions of the State
Uniform Fire Prevention and Building Code.
A.
No permit shall be granted for the construction or
maintenance of any swimming pool in the Village unless the provisions
of this chapter are complied with.
[Amended 10-23-2013 by L.L. No. 5-2013]
B.
No permit shall be granted for the construction or
maintenance of any swimming pool in the Village unless and until the
construction plans therefor, together with the plumbing and electrical
plans and location map in conformity with the provisions of this chapter,
have been filed with the Village Building Inspector’s office.
[Amended 10-23-2013 by L.L. No. 5-2013]
C.
Drawings of all swimming pools to be constructed in
the Village must be submitted as to size, placing on lot as to side,
front and rear lot line footage at the time the permit is requested.
Any swimming pool in the Village shall be no
closer to the lot or property lines than the minimum side and/or front
setback requirements for a residential structure in the residential
district. Such pool shall have no aboveground appurtenances, except
the walls of the pool itself, ladders and diving boards. Such pool
may be installed so as to be no closer than 10 feet from the rear
lot line of any such residential district.
There shall be a sufficient source of water
supply to accommodate any swimming pool in the Village without detriment
to normal water consumption requirements, and all proposed water connections
shall be proper. A suitable vacuum breaker must be located in the
water supply line at least six inches above the flood line of the
pool.
[Amended 10-23-2013 by L.L. No. 5-2013]
The proposed drainage of any swimming pool to
be constructed or maintained in the Village shall be adequate and
shall not interfere with the public water supply system, with existing
sewage and drainage facilities, with the property of others or with
public waterways.
A.
There shall be erected and maintained a close-type
of fence or other protective type of enclosure, approved by the Village,
completely enclosing the area in which the swimming pool is situated.
Such fence or enclosure shall be not less than four feet in height
above ground level. Any fence portion thereof shall be supported by
posts at intervals of not less than eight feet. Such fence or other
protective enclosure may include one or more gates, doors or openings
capable of being closed and locked. Such gates, doors or openings
shall be constructed so that none shall be in excess of four feet
in width. Such gates, doors or openings shall be closed and locked
at all times when such swimming pool is not in use.
B.
Separate fencing for an aboveground pool with either
a minimum four-foot-high pool wall or decking would not be required,
provided that the entrance area would be enclosed with a four-foot
closed-type or other protective-type enclosure.
[Amended 10-23-2013 by L.L. No. 5-2013]
A.
No electric
lights shall be erected, operated or maintained upon the premises
upon which a swimming pool is situated in such a manner as to cause
glare or reflection that may cause a nuisance to adjoining properties.
B.
The electrical
service to supply power to any pumps, filters, lights or other appurtenances
shall be installed in accordance with the latest version of the National
Electric Code and inspected and approved by an approved independent
electrical inspection agency. Certificates from the independent electrical
agency must be forwarded to the Village Building Inspector, prior
to a permit being issued.
A.
Criminal penalty. Any person who violates any provision
of this chapter shall, upon conviction thereof, be subject to a fine
not to exceed $250 or to imprisonment for a term not to exceed 15
days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter.
(2)
Neither a judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this chapter
nor a judgment in or the pendency of a civil action of law or in equity
shall be a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this
chapter shall not excuse the violation or permit it to continue, and
the remedies herein provided for penalties and civil action to enjoin
or abate a violation shall be cumulative.
