In any district no outdoor water pool shall
be constructed, erected or maintained unless in conformity with this
chapter, and no pool heretofore constructed shall be used unless such
pool conforms to the requirements of this chapter.
[Amended 4-27-2022 by L.L. No. 1-2022]
As used in this chapter, the following terms
shall have the meanings indicated:
OUTDOOR WATER POOL
Any structure, basin, chamber or tank which is intended for
swimming, diving, recreational bathing or wading, and which contains,
or is designated to contain, or is capable of containing, water more
than six inches deep at any point and having a larger plane surface
area of water greater than 25 square feet. This includes in-ground,
aboveground, and on-ground pools; indoor pools; hot tubs; spas and
wading pools. A swimming pool is permitted if located as an accessory
use on the same lot as the principal use it serves, and to be utilized
only by the owner or tenants or their nonpaying guests. The word “pool”
shall be construed to mean “outdoor water pool.”
Water overflowing from the pool and water from
a pool being emptied shall be disposed of on the owner's land and
restrained from flowing onto the land of any adjoining property owner
or into any abutting street. The applicant shall show in his application
the plan for the disposal of water.
Excluded from the provisions of this chapter
shall be outdoor ice-skating rinks or surfaces of water used for ice
skating and water storage tanks when such tanks are completely enclosed
by the principal material of their construction. Access doors to the
interior of such tanks shall be securely locked except when personally
attended by a regular employee or the owner.
Should the owner abandon the pool, he shall
arrange to remove the depression and return the surface of the ground
to its original grade and approximately in the same condition as before
the pool was constructed, and he shall further notify the Building
Department of the abandonment so that an inspection of the site may
be made and the records of the permit be marked accordingly.
No permission shall be granted for the installation
of any swimming pool unless the plans therefor meet the approval of
the Village of Manorhaven construction requirements nor until the
owner of the premises has filed with the Building Department a certification
approved by the State of New York that the drainage of such pool is
adequate and will not interfere with the public water supply system,
with existing sanitary facilities or with the public highways.
No loudspeaker device which can be heard beyond
the property lines of the premises in which any swimming pool has
been installed may be operated in connection with such pool, nor may
any lighting be installed in connection therewith which shall throw
any rays beyond such property lines.
[Added 9-8-1965; amended 11-20-1991 by L.L. No. 3-1991; 1-22-1997 by L.L. No. 1-1997]
Any person, association, firm or corporation
which violates any provision of this chapter or assists in the violation
of any provision of this chapter shall be guilty of a violation punishable
by a fine not exceeding $1,000 or imprisonment for a period not to
exceed 15 days, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine of not less than $1,000 nor more
than $2,000 or imprisonment for a period not to exceed 15 days, or
both; and upon conviction of a third or subsequent offense, all of
which were committed within a period of five years, punishable by
a fine of not less than $2,000 nor more than $3,000 or imprisonment
for a period not to exceed 15 days, or both. Each week's continued
violation shall constitute a separate additional violation.