[HISTORY: Adopted by the Board of Trustees of the Village
of North Collins 7-5-1988 by L.L. No. 2-1988 as Ch. 105 of the 1988
Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Building Inspector of the Village of North Collins.
An artificial facility for swimming, operated for members
and their guests.
An artificial facility for swimming, operated for gain or
in conjunction with any commercial enterprise and open to the public.
One which is substantially affixed into or onto the ground
or not easily dismantled for storage or movement to another site.
An artificial facility for swimming, which facility is an
accessory use to a residential building. Such pool shall be for the
exclusive use of the occupants of the principal residential building
and their guests.
An artificial facility for swimming, operated by the Village
of North Collins.
All outdoor swimming pools are required to meet the following
regulations:
A.
No swimming pool shall be constructed, installed, enlarged or altered
unless a building permit is issued therefor. The applicant shall provide
the Building Inspector with a plot plan showing the location of the
pool and plans and specifications in detail to be determined by the
Building Inspector. Fees are to be charged for said permit by the
Building Inspector.[1]
B.
Fences and gates.
(1)
Every pool over 42 inches in depth shall be completely enclosed by
a fence constructed of materials, whether artificial or natural, which
shall be durable enough to prevent the entrance into the pool area
by any persons. If of wire mesh construction, this fencing is not
to have a linkage of more than 2 3/8 inches in diameter and shall
be nonclimbable. The entrance gate or gates shall have a closing device
with a protective fastening latch and a lock. Fence height shall be
a minimum of four feet and a maximum of six feet for a private pool;
seven feet for a club or commercial pool. The fence location shall
be subject to the approval of the Building Inspector; provided, however,
that the owner of a pool which is not permanently installed may elect
to use a pool cover instead of a fence. The pool cover must be of
durable material and of sufficient tightness to prevent the entrance
of a person into the pool when secured. The owners of aboveground
pools whose solid walls prevent entrance to the pools except by an
entrance ladder shall be deemed in compliance with the fencing requirements
of this subsection.
[Amended 11-10-1992 by L.L. No. 1-1992]
(2)
During the periods that a swimming pool containing water is not in
use and is unattended, the gate in a fence shall be locked or the
pool cover affixed in place or the ladder removed from a pool which
can only be entered by means of a ladder, so that no entry into the
pool can be made by any person.
C.
The owners of all permanently installed pools shall submit to the Building Inspector site, lighting (if installed or to be installed) and plumbing plans which shall comply with Chapter 62, Building Construction, of the Code of the Village of North Collins. Drainage shall be only into an approved storm sewer or watercourse or in a manner which does not drain into neighboring property through the ground.
D.
No pool wall, paved terrace or related structure shall be located
within five feet of an adjoining residentially zoned lot.
F.
Club swimming pools shall be permitted only as an accessory structure
to a membership club in the zoning district where said club is a permitted
use and subject to the area and yard requirements of that district.
G.
Private pools shall not be located within a front yard in any residential
district.
I.
No private pool erected on a corner lot shall be located:
[Added 1-6-1998 by L.L. No. 2-1998]
A.
Each and every violation of the provisions of this chapter of the
Code of the Village of North Collins shall be punishable by a fine
not to exceed $100 or by imprisonment for not more than 30 days, or
by both, unless a lesser penalty is provided by statute.
B.
In the case of continuing violation of this chapter of the Code of
the Village of North Collins, each day that such violation exists
shall constitute a separate and distinct violation.
