[HISTORY: Adopted by the Township Council of the Township of Livingston
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-5-1979 as §§ 26-1 to 26-9.1 of the 1979
Revised General Ordinances]
[Amended by Ord. No. 15-1995]
As used in this article, the following terms shall have the meanings
indicated:
That certain code approved by the State Department of Health for
adoption by reference by local authorities in accordance with law, being a
code setting reasonable sanitary and safety regulations for public recreational
bathing places, preserving and improving the public health and prescribing
penalties for violations.
[Amended by Ord. No. 15-1995]
A.
Pursuant to and in accordance with the Public Health
and Sanitation Codes Adoption by Reference Act (N.J.S.A. 26:3-69.1 to 26:3-69.6)
and N.J.S.A. 26:1A-9, there is hereby adopted the whole of Public Recreational
Bathing Code (N.J.A.C. 8:26-1 et seq.). A printed copy of said code was annexed
to and incorporated by reference in the ordinance adopting said code and is
hereby incorporated in this article by reference and made a part hereof as
fully as though it had been set forth at length herein.
B.
In accordance with law, the required number of copies
of the Public Recreational Bathing Code have been placed on file in the office
of the Township Clerk and in the office of the Division of Health and shall
remain on file in said offices for the use and examination of the public so
long as this article shall remain in effect.
[Amended by Ord. No. 15-1995; Ord. No. 41-1997]
A.
Persons whose licenses have been suspended shall be afforded
a hearing before the Health Officer within three days after such suspension
or thereafter at such person's option to show cause why the suspension
should be lifted. The Health Officer shall, within seven days after such hearing,
render a written decision confirming or rescinding the suspension and shall
notify the person whose license has been suspended, in writing, of his action
and reasons therefor.
B.
Persons whose licenses have been denied shall be afforded
a hearing before the Health Officer within seven days after such hearing,
render a written decision confirming or rescinding the denial of a license
and shall notify the person whose license has been denied, in writing, of
his action and reasons therefor.
[Amended by Ord. No. 25-1981]
All applications for a license to operate a swimming pool within the
Township or for the renewal of any such license shall be accompanied with
the sum of $250 payable to the Township as a license fee. All licenses issued
pursuant hereto and said code shall expire on the 31st day of December of
the year in which such license was issued.
A.
No person holding a license issued by the Township for
the operation of a public swimming pool shall permit or cause to suffer to
be permitted any swimming in such swimming pool nor any other activity, entertainment
or function at or in the licensed premises, except during the following hours:
(1)
Daily, except Saturdays, from 9:00 a.m. to 9:00 p.m.
(2)
On Saturdays, from 9:00 a.m. to 1:00 a.m. on the Sunday
following.
(3)
The foregoing regulations relating to opening and closing
hours shall not apply to any activity or function that is conducted in a fully
enclosed building or structure.
B.
Special permission may, on application, be granted by
the Council for the premises on which a public swimming pool is located, other
than the swimming pool itself, under such conditions as the Council shall
consider necessary or appropriate, to remain open on any day other than Saturday
between the hours of 9:00 p.m. and 12:00 midnight for a specific purpose or
function on a specified date. The application for such special permission
shall be made in writing and filed with the Township Clerk at least 30 days
in advance of such specific date. Such application shall state in detail the
reason for the request. The Council may deny such application if, in its judgment,
the granting thereof will be detrimental to the health, welfare or safety
of the inhabitants of the Township or those residing in the vicinity of the
licensed premises.
A.
Peddling or canvassing. No licensee shall permit or cause
or suffer to be permitted at any time any hawking, peddling, soliciting or
canvassing on the licensed premises.
B.
Amplifying equipment. No loudspeaker or public address
system nor any other manual, mechanical or electronic means or device for
amplifying sound shall at any time be used or permitted to be used upon the
licensed premises so as to be heard out of doors, except for intermittent
announcements or instructions made or given only for the safety of persons
using such swimming pool during the permitted hours of swimming therein.
C.
Noise. Any loud, unnecessary, annoying, offensive, undesirable
or raucous noise which disturbs the public peace, emitted by or emanating
from any licensed swimming pool premises is hereby declared to be a nuisance
and detrimental to the public health and is hereby prohibited.
The Township Manager or any person duly designated and authorized by
him or any police officer shall at all times have the right to visit and inspect
any licensed swimming pool premises for the purposes of ascertaining whether
the provisions of this article are being complied with.
[Amended by Ord. No. 41-1997; Ord. No. 38-1999]
The Health Officer or a registered environmentalist health specialist,
after notice and hearing, may revoke any license for any public swimming pool
in the event of a violation of any of the provisions of this article.
[Added by Ord. No. 38-1999]
A.
When a public swimming pool is constructed, altered or
renovated, plans, specifications and reports shall be submitted to the Division
of Health for review and approval before construction, alteration or conversion
is begun.
B.
The Division of Health shall review these plans and will
respond accordingly within 30 days of the date of submission.
C.
There shall be a plan review fee of $50 payable to the
Township of Livingston for any construction or alteration of a public swimming
pool.
D.
This fee shall be in addition to any other fees required
by the Township of Livingston or the State of New Jersey.
Any person who violates any provision of this article shall, upon conviction
thereof, be punished by a fine not exceeding $500, or by imprisonment for
a term not exceeding 90 days, or both. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
