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Town of Southport, NY
Chemung County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southport 6-9-1981 by ordinance (Res. No. 100-81) (Ch. 65, Art. VI, of the 1975 Municipal Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 245.
Zoning — See Ch. 525.
For the purpose of this chapter, the following terms shall have the meanings indicated:
SWIMMING POOL
A structure located outdoors which may be used for wading, bathing or swimming purposes, made of concrete, masonry, wood, plastic, metals or any combination thereof, and built or placed either above or below the ground level or combination thereof, capable of holding water in excess of 21 inches in depth.
A. 
All swimming pools in the Town of Southport, as herein defined, prior to their installation, shall require a permit from the Code Enforcement Officer showing lot lines, existing structures and yard measurements, and placement of the pool on said property. A swimming pool shall only be located in the rear or side yard areas and shall not be less than six feet from side and rear lot lines, and shall not be placed in front yards.
[Amended 10-13-1992 by ordinance (Res. No. 223-92)]
B. 
There is excluded from the provisions of this section swimming pools which have been constructed and are in existence before the effective date of this chapter.
A. 
Upon the adoption of this chapter, no person or persons, associations or corporations shall maintain a swimming pool, as defined above, within the confines of the Town of Southport without first safeguarding such a swimming pool in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code.
[Amended 7-25-2006 by L.L. No. 1-2006(Res. No. 141-2006)]
B. 
Exclusions. Farm ponds or similar ponds are excluded from the provision of this chapter.
C. 
Existing safeguards. This provision shall not apply to fences safeguarding swimming pools existing at the time this chapter becomes effective. In such cases, the Code Enforcement Officer or his designee is hereby authorized and directed to approve and inspect such existing fences in his discretion which substantially comply with this section.
D. 
Permit fee. A permit fee as set from time-to-time by resolution of the Town Board shall be charged.
[Amended 7-25-2006 by L.L. No. 1-2006 (Res. No. 141-2006); 2-9-2016 by ordinance (Res. No. 53-2016)]
E. 
Electrical codes. Electrical installation in and about all pools shall conform to the New York State Fire Underwriting codes where applicable.
F. 
Open excavations.
[Added 10-13-1992 by ordinance (Res. No. 223-92)]
(1) 
No person shall suffer or permit any excavation to be left unguarded during construction operations but shall provide safeguards as may be approved by the Code Enforcement Officer.
(2) 
No person shall suffer or permit any open or unguarded excavated holes or other depressions to be uncovered after receiving two weeks' notice in writing from the Code Enforcement Officer.
[Amended 5-11-1993 by ordinance (Res. No. 124-93)]
Any violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty, of the Code of the Town of Southport.
The Town Board from time to time may, after public notice and hearing, amend, supplement or change the regulations for the purpose of interpreting and carrying this chapter into effect.
[1]
Editor’s Note: Former § 468-6, Special permits, as amended, was repealed 2-9-2016 by ordinance (Res. No. 53-2016).
Any person who observes or files a complaint with the Town of a violation of any part of this chapter must file a signed complaint under oath with a justice of the Town of Southport or with the Code Enforcement Officer or any peace officer, specifying the date thereof, of acts constituting violation of this chapter and including the place or places where such violation exists and the name and residence of the owner where said violation exists.