[HISTORY: Adopted by the City Council of the City of Long Branch as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Swimming pools as attractive nuisance — See Ch. 262.
Zoning — See Ch. 345.
[Adopted 1-26-1971 by Ord. No. 570 as Sec. 14-4 of the 1971 Code]
As used in this article, the following terms shall have the meanings indicated:
LOT
All continuous property of the same ownership.
PRIVATE SWIMMING POOL
Any swimming or bathing pool or tank permanently installed and having an inside structural depth in excess of 24 inches or a capacity in excess of 2,000 gallons, constructed or maintained on any lot by any person for the use of himself, the members of his family or family guests.
A. 
No person shall install or construct a private swimming pool without first having obtained a permit from the Construction Code Official and having paid a fee of $35.
B. 
All applications for a permit to install or construct a private swimming pool shall be made on forms as may be required by the Construction Code Official and shall be accompanied by a description giving the size, shape, capacity and materials of construction, the location on the lot and the name and address of the applicant.
C. 
The Construction Code Official shall issue a permit for the installation or construction of a private swimming pool, provided that the same complies with the provisions of this article and the building code[1] and Chapter 345, Zoning; and provided, further, that the application for the same has been approved in writing by the Health Department.[2]
[1]
Editor's Note: See Ch. 174, Construction Codes, Uniform.
[2]
Editor's Note: Former Secs. 14-4.3 through 14-4.14, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 4-16-1987 by Ord. No. 1324 (Sec. 21-1 of the 1971 Code)]
[1]
Editor's Note: The power to regulate swimming pools is part of the general police power granted by N.J.S.A. 40:69A-20 and 40:69A-30.
A. 
For the purpose of this article, the following terms shall have the meanings indicated:
CHAPTER IX
Chapter IX of the New Jersey State Sanitary Code (N.J.A.C. 8:26-1 et seq).
DEPARTMENT
The Department of Health of the City of Long Branch.
ESTABLISHMENT
A public recreational bathing place at one given location and including one or more bathing facilities.
FACILITY
An individual bathing beach, hot tub, spa, swimming pool or wading pool.
LICENSEE
The operator of a public recreational bathing place.
B. 
Other terms used in this chapter shall have the meanings as given in Chapter IX (8:26-1.3 Definitions).
It shall be unlawful for any person to operate a public recreational bathing place within the City of Long Branch without first having procured a license from the Department; provided however, that an application having been submitted and received in accordance with the terms and procedures of this article may be considered by the Department as permission to operate on a provisional basis.
A. 
The operator of a public recreational bathing place shall apply for said license in writing and on a form provided by the Department.
B. 
Such application shall be submitted to the Department prior to December 31 of each year for the following year or 30 days prior to the proposed starting date of operation if not previously licensed or if a seasonal operation.
C. 
A license shall be issued only after an application has been submitted, reviewed and approved.
D. 
Approval of the application shall be contingent upon:
(1) 
The application being complete, accurate, signed by the operator and otherwise in order.
(2) 
The tendering of the license fee.
(3) 
A "satisfactory" inspection evaluation, based on the standards set forth in Chapter IX.
E. 
The license shall be effective for the given calendar year, January 1 through December 31, regardless of the date issued, and shall be renewable annually.
A. 
Upon application for license, the applicant shall tender the license fee of $50 for each establishment having one facility plus $25 for each additional facility.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The following shall be exempt from the license fee:
(1) 
Any establishment, the operation of which is for the purpose of a nonprofit religious, charitable or benevolent organization.
(2) 
Any governmental agency or operation under the aegis of a governmental agency or program.
(3) 
The Board of Education.
C. 
A fee shall be paid for the review of any plan submitted as required by N.J.A.C. 8:26-2.1, as amended, to build, create or alter any facility or establishment as defined by said regulation according to the following fee schedule:
[Added 11-12-1977 by Ord. No. 36-97; amended 2-26-2020 by Ord. No. 10-20]
(1) 
Public swimming pool: $370 each.
(2) 
Public whirlpool: $185 each.
(3) 
Public spa: $185 each.
(4) 
Public spray park, splash park, float tank: $125 each.
(5) 
Limited public pool alteration: $125 each.
D. 
The Health Director is empowered to create and promulgate forms and regulations for the processing of licensing applications and fees pursuant to this section.
[Added 11-12-1997 by Ord. No. 36-97]
A. 
Any license issued under the terms and provisions of this article may be revoked or suspended by the Department for the violation by the licensee of any provision of this article or of Chapter IX.
B. 
It shall be unlawful for any person to operate a public recreational bathing place, the license of which has been revoked or suspended.
C. 
A license shall not be revoked or suspended until the licensee shall have been afforded the opportunity of a hearing before the City Health Officer to show cause why such license should not be so revoked or suspended.
(1) 
Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set forth for such hearing.
(2) 
The notice shall contain a brief statement of the grounds relied upon for such revocation or suspension.
(3) 
The notice shall be served via certified mail, return receipt requested, or via hand-delivery by a representative of the Department or by the City Police Department.
A. 
An order to close a public recreational bathing place may be issued in accordance with the enforcement provisions of Chapter IX. The Department may request of an operator voluntary closure of his establishment in lieu of prosecution whenever the establishment:
(1) 
Has received an inspection evaluation of "unsatisfactory."
(2) 
Has received three consecutive inspection evaluations of "conditionally satisfactory."
(3) 
Presents a condition which is an imminent threat to the public health.
B. 
If such a request to voluntarily close is not honored, the Department may initiate an action at law, including a request for court injunction closing the establishment and/or summary action in Municipal Court.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I for each violation of any of the provisions of this article, and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The provisions of this article are not intended to be exclusive or to supersede any other remedies provided by law or ordinance. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.