[HISTORY: Adopted by the Town Council of the Town of Farmington 2-22-1994. Amendments noted where applicable.]
Hearing procedures for citations — See Ch. 78.
The purpose of this chapter is to regulate all private swimming pools located within the Town which contain at least 24 inches of water in depth at any point by requiring a fence not less than four feet above the ground to enclose the pool.
Every person owning land on which there is situated a swimming pool, which contains 24 inches (610 millimeters) or more of water in depth at any point, shall erect and maintain thereon an adequate enclosure, either surrounding the property or pool area, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, shall be not less than four feet (1,219 millimeters) above the underlying ground. All gates shall be self-closing and self-latching with latches placed four feet (1,219 millimeters) above the underlying ground and otherwise made inaccessible from the outside to small children.
This chapter shall become effective on October 1, 1994, so as to provide pool owners not in compliance with the above provisions a reasonable time to come into compliance.
The owner of any private swimming pool not in compliance with any of the above provisions on and after October 1, 1994, shall be in violation of this chapter. Any person violating this chapter shall be fined $100 for each day that such pool is not in compliance with the above provisions.
Town officials and employees specifically designated by the Town Manager shall issue citations for violations of any of the provisions set forth above. Fines for violations of this chapter shall be effective as of the 30th day following the date of the citation; provided, however, that if within 30 days after the date of the citation the owner substantiates to the Town Manager or his designee that action has been initiated to comply with this chapter within a reasonable time period, such fines shall not become effective unless and until the Town Manager determines that the owner is no longer making a good-faith effort to comply with this chapter within that time period and provides written notice to the owner of such determination.
The hearing procedure for any citations issued for violations of the above regulations shall be the procedure set forth in § 78-4 of Chapter 78 of the Code of the Town of Farmington, and the violator of any of the above regulations shall be substituted for the words "owner or keeper" in said § 78-4.