[HISTORY: Adopted by the Mayor and Council
of the Borough of Sea Bright 6-1-1999 by Ord. No. 106-99. Amendments noted where applicable.]
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Public swimming pools shall be subject to the
State Sanitary Code, Title 8, Chapter 26, Public Recreational Bathing
(N.J.A.C. 8:26).[1]
No person shall operate a swimming pool until
licenses therefor shall have been issued by the Borough of Sea Bright.
The following fees and charges are herewith
established:
A.Â
For the issuance or renewal of a license to operate
a swimming pool: $25.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Licenses issued for the operation of a swimming
pool shall expire June 30 of each year and application for renewal
thereof shall be submitted, together with the required fee, prior
to June 30 of each year.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Borough, the Monmouth County Regional Health
Commission No. 1, or any of its members, agents or employees shall
have the right of entry, at any reasonable hour, into and upon any
public or private building or premises for the purpose of enforcing
the provisions of the State Sanitary Code and of this chapter, or
determining whether such provisions or the rules and regulations of
the Regional Health Commission are being complied with and obeyed.
No person shall oppose such entry or hinder or interfere with the
Borough, the Regional Health Commission or any of its members, agents
or employees in the performance of their duties.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Licenses required by this chapter or the State
Sanitary Code may be denied or suspended by the Borough for failure
to comply with this chapter or the State Sanitary Code. Also, this
chapter may be enforced by and in the name of the Borough or the Regional
Health Commission by proceedings instituted and prosecuted in a court
having jurisdiction of such proceedings in the region.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person who violates any provision of this
chapter or the State Sanitary Code shall, upon conviction thereof,
be liable to a penalty of not less than $50 nor more than $1,000 for
each violation. Each day a particular violation continues shall constitute
a separate offense. Upon refusal or neglect, upon and after conviction,
to pay the amount of said penalty or fine, the person so convicted
shall be subject to be committed to the county jail for a period not
exceeding 90 days, all in the discretion of the Municipal Court Judge
or other officer before whom the complaint shall be brought.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In the event that any violation of this chapter
shall also be a violation of a New Jersey state law for which a greater
penalty is provided than that contained in the State Sanitary Code
and this chapter, the Municipal Court Judge shall, in his discretion,
have the right to impose in the place and in lieu of any penalty provided
for herein that which is so provided for in the New Jersey state law
which has been so violated.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Every act in the State Sanitary Code or this
chapter designated as being unlawful is hereby prohibited and every
act herein expressly prohibited is hereby designated as being unlawful.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.Â
Pursuant to P.L. 1989, c. 140, certain hotels, motels,
campgrounds, mobile home parks and retirement communities having seasonal
swimming pools of 2,000 square feet or less were temporarily exempted
from the mandatory lifeguard requirements of N.J.S.A. 26:4A-4 et seq.,
and all of the provisions of P.L. 1989, c. 140, are incorporated herein
without restating the full text thereof.
B.Â
As provided by P.L. 1989, c. 140, a hotel, motel,
campground, mobile home park or retirement community not voluntarily
complying with the lifeguard requisites of N.J.S.A. 26:4A-4 et seq.
and N.J.A.C. 8:26-5 shall post a sign not less than three feet by
four feet which shall be prominently displayed at the entrance of
each swimming area stating: "This swimming pool is not required by
law to have a lifeguard on duty. Persons under the age of 16 must
be accompanied by an adult. No swimming alone. This pool shall be
closed when the owner or manager is not on the premises." This notice
shall also be posted on a sign not less than eight inches by 10 inches
at the registration desk of each hotel, motel or campground and in
each room used for occupancy by guests.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.Â
Pursuant to P.L. 1989, c. 138, certain common interest
communities, including townhouses, condominiums and cooperatives,
as defined by law, were temporarily exempted from the mandatory lifeguard
requirements of N.J.S.A. 26:4A-4 et seq., and all the provisions of
P.L. 1989, c. 138, are incorporated herein without restating the full
text thereof.
B.Â
Any common interest community which does not voluntarily
comply with the public recreational bathing regulations pertaining
to waterfront safety shall post a sign which shall be permanently
displayed stating: "This bathing place is not subject to the State
Waterfront Safety Regulations requiring the presence of lifesaving
personnel or equipment."
