[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 8-5-1969
(Ch. 48 of the 1993 Code). Amendments noted where applicable.]
It is the purpose of this chapter to promote the health, safety and
general welfare of the inhabitants of the village with a view to encouraging
appropriate use of the private lands in the matter of installation of swimming
pools and securing safety from installation dangers and promoting health and
the general welfare by prescribing the regulations herein contained.
As used in this chapter, the following terms shall have the meanings
indicated:
A receptacle for water, or an artificial pool of water, having a
depth at any point of more than 18 inches, designed or intended for the purpose
of immersion therein of human beings, and including all appurtenant equipment.
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 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.
It shall be unlawful to construct or maintain any private, outdoor,
permanently installed swimming pool in the Village of Phoenix except in compliance
with the provisions of this chapter.
Permits for the erection, installation or maintenance of swimming pools
as defined above shall be contingent upon the following procedures and regulations:
A.
Application for a permit shall be accompanied by a map
or survey showing the exact location of the proposed pool with reference to
the side lot lines, existing buildings, water mains, electric and gas mains
and sewer mains. The application shall likewise show the manner and method
of disposal of wastewater.
B.
[1]The permit to be issued shall be contingent upon the installation
and maintenance of such pool in compliance with the following:
(1)
Enclosure. All swimming pools shall be enclosed in accordance
with the provisions of 9 NYCRR Part 720.
(2)
Lighting. No lighting shall be permitted in, on or about
a swimming pool except such lighting that shall shine into or upon the pool
and cast no light or reflections onto abutting properties.
(3)
Overhead wires. No overhead electric lines shall be maintained
within 20 feet of the nearest portion of a pool or its appurtenances.
(4)
Perimeter. A perimeter of at least four feet around all
edges of the pool shall be maintained between the edges of the pool and the
fence erected around the pool.
(5)
Disposal of wastewater. Wastewater shall be prevented
from flowing over or into the land of any adjoining property owner or over
or into any abutting street.
(6)
Filling. No pool having water capacity in excess of 100
gallons shall be filled or added to between the hours of 7:00 a.m. and 10:00
p.m. No pool shall be filled or added to at any time during the effectiveness
of emergency water orders or measures.
(7)
Existing pools. Existing pools shall be made to conform
to all provisions of this section within 60 days of the adoption of this chapter.
(8)
Abandonment. Should the owner abandon the pool, the owner
shall arrange to remove the depression and return the surface of the ground
to its original grade and approximately in the same condition as before the
pool was constructed, and the Code Enforcement Officer shall be notified thereof.
(9)
Location. No swimming pool shall be located in the front
yard of any lot or located less than 10 feet from any lot or property line.
[Added 4-19-1986 by L.L. No. 4-1986]
A.
Each and every failure to comply with the provisions
of this chapter shall constitute a violation thereof and shall be punishable
by a fine not to exceed $250 or imprisonment for not more than 15 days, or
both.[1]
B.
In the case of continuing violations of this chapter,
each day that such violation shall occur shall constitute a separate and distinct
violation.
