[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 5-12-1959. Section 265-1A amended and § 265-4 added at time of adoption of Code; see Ch. 1, General Provisions, Art I. Other amendments noted where applicable.]
[Amended 3-14-1989 by L.L. No. 6-1989; 9-22-1992 by L.L. No. 8-1992]
No person in possession of land within the village, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool as defined in § 310-2 of Chapter 310, Zoning, of this Code, other than swimming pools operated by clubs, shall fail to maintain on the lot or premises upon which such swimming pool is located and completely surrounding it a fence or wall not less than five feet in height, with openings, holes or gaps therein measuring a maximum of two inches in either the width or the length; provided, however, that, if a picket fence is erected or maintained, the horizontal dimension shall not exceed two inches; provided, further, that a dwelling or accessory building may be used as a part of the enclosure; provided, further, that when such building is used as a part of the enclosure, the requirements of Section 720.1(g) of the State Uniform Fire Prevention and Building Code must be complied with.
All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use.
Fences shall be constructed of weather-resistive materials and shall be assembled or fabricated with sufficient rigidity to prevent any substantial alteration or deformation of the lawful openings, holes or gaps.
Fences or walls existing as of July 1, 1959, having a height of not less than four feet, shall be exempt from the height requirement of this chapter.
[Added 3-14-1989 by L.L. No. 6-1989]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, 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.