[HISTORY: Adopted by the Town Board of the Town of West Seneca 7-13-1970.
Amendments noted where applicable.]
As used in this chapter, the following shall have the meanings indicated:
The gradual drawing off of water from a private swimming pool to
a storm sewer or a road ditch by means of direct piping thereto.
[Added 8-11-1975]
An enclosure. Such enclosure shall be at least forty-two (42) inches
in height and not exceed six (6) feet in height, constructed of masonry, wood,
metal or wire no lighter than No. 11 gauge.
Any device, no matter how constructed, intended to be used as a means
of access to the outside top edge of any swimming pool whose side extends
above the ground, whether or not said pool is portable.
Any person, copartnership, association, firm or corporation.
Any pool other than a portable aboveground pool, designed, used and
maintained for swimming or wading purposes.
[Amended 3-7-1988]
All private swimming pools, other than portable aboveground pools, erected,
constructed, excavated, either below or partly above and partly below grade,
or installed upon premises within the Town of West Seneca shall require a
building permit.
A.
Private swimming pools on the lot or any part thereof
within which the pool is located, if constructed below or partly below grade,
shall be enclosed and fenced, and the wall of a dwelling and/or accessory
building may serve and be used as an integral part of the fence.
B.
Access to the pool shall be by way of a self-closing
gate and/or door which shall be locked with key or combination lock at all
times when the premises are not under the direct supervision of an adult.
When access is provided by a gate, the locking device shall be installed at
least three (3) feet above ground level of the fence.
[Added 8-11-1975[1]]
A.
No person shall drain or back flush a private swimming
pool other than by controlled drainage; provided, however, that if, because
of reasons of topography, it is impracticable to drain water to a storm sewer
or a road ditch, the Town Engineer is hereby empowered to waive the strict
compliance with this section and approve an alternative manner of drainage.
B.
Any connection to a storm sewer must be of a temporary
nature and disconnected immediately upon completion of the draining or back
flushing of the swimming pool.
No ladder shall be left in, adjacent to or in the vicinity of an aboveground
pool, whether or not said pool is portable, unless the ladder is under the
direct supervision of an adult or unless the ladder has been rendered useless
as a means of access to the outside top edge of said pool.
Any person who shall violate this chapter shall be guilty of an offense
and, upon conviction, shall be subject to a fine of not more than one hundred
dollars ($100.) for each and every offense. Each week's offense (violation)
shall constitute a separate and additional violation. Notwithstanding the
penalty hereinbefore provided, the Town of West Seneca may enforce obedience
to this chapter or any part thereof by injunction to restrain such violation.