[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.]
Board of Health — See Ch. 25.
The Borough of Sea Bright hereby establishes a swimming pool code adopted pursuant to N.J.S.A. 26:3-69 to 26:3-69.6 and N.J.S.A. 26:3-92 and 26:3-93. A copy of the code is annexed hereto and made a part hereof.
Said code hereby established and adopted by this chapter is commonly known as the "Swimming Pool Code of New Jersey."
Three copies of the said "Swimming Pool Code of New Jersey" have been placed on file in the Office of the Health Officer and Secretary of this Regional Health Commission and the Borough Clerk and will remain on file there.
No person shall operate a swimming pool until licenses therefore shall have been issued by the Borough of Sea Bright.
The following fees and charges are herewith established:
For the issuance or renewal of a license to operate a swimming pool: $25.
Licenses issued for the operation of a swimming pool shall expire annually May 31 of each year and application for renewal thereof shall be submitted, together with the required fee, prior to June 30 of each year.
The borough, its members, agents or employees, including but not limited to its Health Officer, 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 code and of this chapter, or determining whether such provisions or the rules and regulations of this Regional Commission are being complied with and obeyed. No person shall oppose such entry or hinder or interfere with the borough, the Regional Health Commissioner or any of its members, agents or employees or the Health Officer, all as aforesaid, in the performance of their duties.
Licenses required by this chapter or code may be denied or suspended by the borough for failure to comply with this chapter or 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.
Any person who violates any provision of this chapter or code established and adopted herein shall, upon conviction thereof, be liable to a penalty of not less than $5 nor more than $500 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.
In the event that any violation of this code shall also be a violation of a New Jersey State law for which a greater penalty is provided than that contained in the aforesaid 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.
Every act in the code or this chapter designated as being unlawful is hereby prohibited and every act herein expressly prohibited is hereby designated as being unlawful.
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 life guard requirements of N.J.S.A. 26:4A-1 et seq. and all of the provisions of P.L. 1989, c. 140, are incorporated herein without restating the full text thereof.
Editor's Note: N.J.S.A. 26:4A-1 through 26:4A-3 was repealed by P.L. 1991, c. 135. See now N.J.S.A. 26:4A-5.
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.A.C. 26:4A-1 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. Swim at your own risk. 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.
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-1, and all the provisions of P.L. 1989, c. 138, are incorporated herein without restating the full text thereof.
Editor's Note: N.J.S.A. 26:4A-1 was repealed by P.L. 1991, c. 135. See now N.J.S.A. 26:4A-5.
Any private 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."