[HISTORY: Adopted by the Board of Trustees
of the Village of Fishkill as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning - See Ch. 171.
[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.
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.
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.
A.
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.
B.
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.
[Amended 5-24-2010 by L.L. No. 6-2010]
A.
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.
B.
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.
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.
