[HISTORY: Adopted by the Board of Supervisors
of the Township of Athens 2-26-1975 by Ord. No. 34. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Private Residential Swimming Pool Ordinance of the Township
of Athens."
A.Â
PERSON
PRIVATE RESIDENTIAL SWIMMING POOL (hereinafter referred to as
"residential pool")
TOWNSHIP
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein.
Any person, firm, association, partnership, corporation,
company or any organization of any kind.
Any permanently constructed receptacle for water, together
with any artificial pool of water, with the exception of ponds or
other impoundments maintained for the storage of water for farm usage,
which has a depth at any point in excess of two feet or a surface
area in excess of 100 square feet, which is intended or used for the
total or partial submergence therein of human beings for recreational
purposes and which is permanently or indefinitely located, constructed
or installed in or about the ground. This definition shall not include
aboveground pools in which the top of the pool shall have a height
at all points of four feet above grade level but shall include any
aboveground pool which shall not be constructed to that level above
grade.
The Township of Athens.
B.Â
The word "shall" as used herein is mandatory and is
not merely directory.
Every residential pool in the Township, including
those now existing or under construction, shall be separated entirely
from public thoroughfares and neighboring properties by a securely
constructed and installed fence or similar barrier having a height
at all points of four feet above the grade level. All points of entry
into the area of the swimming pool shall be equipped with a secure
gate having an automatic locking device, on the pool side thereof,
which is inaccessible to small children, and the pool shall be completely
enclosed by either a fence or a gate.
No residential pool shall be used, kept, maintained
or operated in the Township if such use, keeping, maintaining or operating
shall be the occasion of any nuisance or shall be dangerous to life
or detrimental to health.
[Amended 8-28-1996 by Ord. No. 128]
Any person violating any of the provisions of
this chapter shall be guilty of a civil violation. The Building Permit
Officer shall determine in each case whether a violation has occurred
under this chapter. Upon determining that a violation has occurred,
the officer shall impose a civil penalty of not less than $50 and
not more than $500.
