[HISTORY: Adopted by the Mayor and Council of the Borough of Rockaway 4-12-1973 by Ord. No. 3-73 (Sec. 9-9 of the 1971 Code of Ordinances). Amendments noted where applicable.]
Every person who owns or is in possession of any premises on which there is situated an in-ground swimming pool, wading pool or any outside body of water created by artificial means (herein referred to as a "pool"), any portion of which is 18 inches deep or more, shall install and maintain on the lot or premises and completely surrounding such pool or body of water a permanent fence of durable material at least four feet in height, which shall be so constructed as not to have openings, mesh, holes or gaps larger than four square inches, except for doors and gates, and if a picket fence is erected or maintained, the horizontal spaces shall not exceed four inches, except within 16 inches of a self-latching device for doors and gates wherein there shall be no spacing. No horizontal fence shall be erected unless there shall be no spaces between each separate horizontal slat.
All doors or gates used in conjunction with the fence shall meet the same specifications as the fence itself and shall be of such size as to completely fill any opening in the fence, except within 16 inches of a self-latching device there shall not be any openings so as to allow the device to be unlatched by access through said opening.
All doors or gates shall be equipped with self-closing and self-latching devices and shall be kept closed and securely latched at all times when the pool is not in use.
Nothing in this chapter shall apply to pools having sides extending four feet or more above grade, provided that the stairs or other means of access to the pool are removed or folded away from access when not in use or are effectively closed with a gate as provided above, which shall be closed and securely latched when such pool is not in use.
All aboveground pools less than four feet deep, unless enclosed by a fence of the type and dimensions hereinabove specified, shall be either emptied when not in use or attended or covered with a suitable, strong protective covering, securely fastened or locked in place when not in use or attended and strong enough to hold a child of 100 pounds' weight.
The provisions of this chapter shall apply to private swimming pools now existing and to private swimming pools hereafter constructed; provided, however, that as to private swimming pools now existing and not enclosed by a fence, there is hereby established a period of 45 days from the effective date hereof within which to construct such fence.
It shall be the duty of the Building Inspector to enforce the provisions of this chapter. The Building Inspector shall determine if and whether any fence or pool cover is sufficiently durable and permanent to meet the intent and purpose of this chapter.
The provisions of this chapter shall in no way be construed to nullify any and all provisions of the Zoning Ordinance of the Borough of Rockaway applicable to swimming pools, and the regulations of this chapter are deemed to be in addition to the provisions of the Borough of Rockaway Zoning Ordinance relating to swimming pools.
This chapter shall not apply to any lakes, ponds, streams, brooks or rivers.
[Amended 11-14-1991 by Ord. No. 22-91; 8-24-2006 by Ord. No. 15-06]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to a fine of not less than $100 nor more than $2,000 and/or to imprisonment for not exceeding 90 days or to 90 days' community service, all in the discretion of the Court. Every day such violation shall continue shall constitute a separate offense.