As used in this chapter, the following terms shall have the meanings
indicated:
PRIVATE OR SEMIPRIVATE POOL
A swimming pool used and intended to be used solely by the owner,
operator or lessee thereof and his or her family and by guests invited to
use it without payment of any fee.
PUBLIC POOL
Any swimming pool which is not private or semiprivate.
SWIMMING POOL
All pools or tanks of a permanent or semipermanent nature which have
a depth of more than two feet or a water service of more than 150 square feet,
and which are moved, erected, constructed or excavated either above, below
or partly above and below ground level, and are used for swimming, bathing
or wading.
TOWN
The Town of Niagara, New York.
Permits shall be required as indicated in Ch.
155, Fire Prevention and Building Construction.
The location of the swimming pool on the property must:
A. Conform to the setback regulations of Chapter
245, Zoning.
B. Not be placed in a front yard.
C. Be at least 15 feet from any house basement and aboveground
pools at least 15 feet from any structure, unless conditions warrant a lessening
or increasing of this distance.
D. Be at least 15 feet from any active well, septic tank,
leach bed, etc., unless conditions warrant a lessening or increasing of this
distance.
E. Be kept a minimum distance of 10 feet from overhanging
power lines.
Fencing requirements shall be as set forth in the Uniform Code.
Every swimming pool, presently constructed or installed or hereafter
constructed or installed, including fencing, gates, lighting and all appurtenances
thereto, shall be kept in proper repair at all times and shall be maintained
in such a manner as never to constitute a hazard or menace to health or safety.
Any such hazard which may exist, or develop in, or in consequence of, or in
connection with any such swimming pool shall be forthwith abated and/or removed
by the person in possession, owning or having jurisdiction over such pool,
upon receipt of notice from the Code Enforcement Officer.
Use of a swimming pool shall be in a reasonable manner and at reasonable
times so as not to cause undue discomfort and/or annoyance to adjacent residents.
Any person, upon written application to the Zoning Board of Appeals,
may apply for a variance to exclude him or her from the requirements of this
chapter. The Zoning Board of Appeals shall hold a public hearing
in accordance with the same provisions and requirements as if said application
were for a zoning variance.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable as follows: 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 chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.