Village of Fishkill, NY: Definitions.

[Adopted 2-13-1984 by L.L. No. 12-1984]

For the purpose of this Article, the following terms shall have the meanings indicated:

Includes corporations, companies, associations, societies, firms and partnerships, as well as individuals.

Any above-surface-type pool of more than 75 cubic feet capacity, not stationary or fixed but capable of being removed for storage.

PRIVATE SWIMMING POOL

Any pool of water having a water depth in excess of 18 inches and an area greater than 75 square feet, designed, used and maintained for swimming purposes by an individual for use by his household and guests without fees and located on property owned, leased or otherwise used and maintained by the owner of said swimming pool. It shall further mean and include fill-and-draw, flow-through and recirculation pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading, and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers or lakes nor baths used for cleansing of the body or practice of the healing arts.

WADING POOL

Any artificially constructed pool intended for use by children, not designed or used for swimming, with a maximum area of 75 square feet and a maximum water depth of 18 inches.

§ 143-2 Specifications for fences; certificates of substantial compliance; inspection fee.

All private swimming pools now existing or hereafter constructed, installed, established or maintained, with the exception of wading and portable pools, shall be completely and continuously surrounded by a permanent, durable wall, fence or barrier, which shall be not more than six feet nor less than 42 inches in height above grade and shall be so constructed as to have no opening, mesh, hole or gap larger than two inches in any dimension, except for doors and gates; provided, however, that if a picket fence is erected or maintained, the horizontal dimension of any gap or opening shall not exceed 2 1/2 inches. No fence of any kind or material shall be constructed or maintained which shall contain projections of any kind at any point on the outer surface of said fence. A dwelling house or accessory building may be used as part of such enclosure. All gates used in conjunction with any of the above-described enclosures shall conform to the specifications required above as to height and dimensions of openings, mesh, holes or gaps in the case of fences, and all gates and doors shall be equipped with self-closing and self-latching devices for keeping the gate or door securely closed at all times when not in actual use. Gates and doors shall be locked when the pool is not in use or is unguarded or unattended; provided, however, that nothing herein contained shall be construed to require the construction of an additional wall, fence or barrier where, in lieu thereof, the entire premises or a part thereof wherein the pool is contained shall be fully enclosed by a wall, fence or barrier which meets the specifications set forth herein.

All persons now owning or maintaining any outdoor swimming pool shall be and hereby are granted a period of two years after the effective date hereof within which to enclose the same as herein provided; except that any such person now owning or maintaining an outdoor swimming pool presently enclosed by a fence or barrier which substantially complies with the requirements of this section shall be exempted from the strict requirements thereof to substantially alter, remove, replace or rebuild such fence upon obtaining from the Code Enforcement Officer a certificate of substantial compliance as hereinafter provided:

[Amended 5-24-2010 by L.L. No. 6-2010]

(1)

"Substantial compliance," for the purpose of this section, shall mean and include any fence or barrier which, now or hereafter, shall be maintained at a minimum height of 36 inches above grade, shall have no opening, mesh, hole or gap larger than four inches in any dimension and does not have any projections at any point on its outer surface.

(2)

A certificate of substantial compliance may be granted by the Code Enforcement Officer within 90 days after the effective date hereof upon payment of an inspection fee of $10 and written application to and establishing to the satisfaction of the Code Enforcement Officer, in such a manner as shall be prescribed by said Code Enforcement Officer, that the applicant's fence is maintained in substantial compliance with the requirements of this section.

§ 143-3 Compliance required; enforcement.

[Amended 5-24-2010 by L.L. No. 6-2010]

Every private swimming pool constructed, installed, established or maintained in the Village of Fishkill at all times shall comply with the provisions of this Article and any amendment thereto. Any nuisance or hazard to health which may exist or develop in consequence of or in connection with any such private swimming pool shall be forthwith abated and removed by the owner, lessee or occupant of the premises on which said pool is located upon receipt of notice from the Code Enforcement Officer.

It shall be the duty of the Code Enforcement Officer of the Village of Fishkill to investigate alleged violations of this Article and enforce the provisions of same.

§ 143-4 Penalties for offenses.

Any person committing an offense against any provision of this Article shall be guilty of a violation punishable by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250, or by both such fine and imprisonment. The continuation of an offense against the provisions of this Article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.