[HISTORY: Adopted by the City Council of
the City of Long Branch as indicated in article histories. Amendments
noted where applicable.]
[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:
All continuous property of the same ownership.
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]
[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.
CHAPTER IX
DEPARTMENT
ESTABLISHMENT
FACILITY
LICENSEE
For the purpose of this article, the following terms
shall have the meanings indicated:
Chapter IX of the New Jersey State Sanitary Code (N.J.A.C.
8:26-1 et seq).
The Department of Health of the City of Long Branch.
A public recreational bathing place at one given location
and including one or more bathing facilities.
An individual bathing beach, hot tub, spa, swimming pool
or wading pool.
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.
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.
B.
The following shall be exempt from the license fee:
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]
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:
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.
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.