This chapter shall be known and may be cited as the "Swimming Pool Ordinance of the City of Lackawanna, New York."
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
FENCE An enclosure at least four feet in height and not exceeding seven feet in height, constructed of masonry, wood, metal or wire no lighter than 11 gauge.
FRONT YARD The area of a lot lying between the street lot line and the front of the dwelling extending across the full width of the lot. In the case of a corner lot, both yards facing on a street shall be considered front yards.
PRIVATE SWIMMING POOL Any pool other than a portable aboveground pool, designed, used or maintained for swimming or wading purposes by an individual for use by the owner, his or her family, guests, or invitees and constructed, established or maintained upon any premises as an accessory use to the residence.
All private swimming pools, other than portable aboveground pools, in the City of Lackawanna, New York, erected, constructed, excavated either below, partly above or below grade, installed upon the premises within the City of Lackawanna, shall require a building permit.
A bathhouse, cabana, pump house, filter house or other structure erected in connection with any such private pool shall require a building permit and shall comply with the State Building Construction Code and the City of Lackawanna Zoning Ordinance and any and all local laws and ordinances and any amendments hereafter adopted.
All inlet feed pipes shall be of the "over rim" fill type and at a minimum height of six inches above the overflow level of water (six-inch minimum air gap).
No artificial lighting shall be maintained or operated in connection with any swimming pool presently constructed, installed or hereafter constructed or installed in such manner as to unreasonably interfere with the occupants of neighboring property.
The use of megaphones, loudspeakers or public address systems are prohibited in connection with swimming pools herein regulated, and the use of any sound-producing or reproducing devices, including human voices, shall comply with the provisions of this chapter and any other provisions contained in the Municipal Code of the City of Lackawanna.
Private swimming pools may be erected or installed only as an accessory to a dwelling, private club, community building, or commercial structure for the use of the owner or occupant, their families, guests and/or invitees.
Such swimming pool shall not be erected nearer than 10 feet from the rear or side property lines of the premises and shall not occupy more than 10% of the total area of the premises on which the same is located and shall in all other respects comply with the State Uniform Fire Prevention and Building Code and the City of Lackawanna Zoning Ordinance.
Any person who shall violate any provision of this chapter shall be guilty of a violation of the Penal Law and, upon conviction, shall be subject to a fine of not more than $250 for each and every offense. Each week's continued violation shall constitute a separate and additional offense. Notwithstanding the penalty hereinbefore provided, the City of Lackawanna may enforce obedience to this chapter by injunction to restrain such violation.