[HISTORY: Adopted by the Council of the Township of Montclair 6-14-2011 by Ord. No. O-11-36. Amendments noted where applicable.]
Parks and playgrounds — See Ch. 234.
A code regulating and controlling the location and construction, alteration and operation of public recreational bathing places and the issuance of permits to locate and construct, alter or operate public recreational bathing places and declaring and defining certain public recreational bathing places as nuisances and fixing penalties for violations is hereby adopted pursuant to Chapter 188 of the Laws of New Jersey of 1950 (N.J.S.A. 26:3-69.1 to 69.2).
The said code established and adopted by this chapter is described and commonly known as the "New Jersey State Sanitary Code, Chapter IX, Public Recreational Bathing, N.J.A.C. 8:26" (the "State Code"), approved by the New Jersey Department of Health, a copy of which said code is annexed hereto and made a part hereof. All terms used in this Chapter shall have the definitions set forth in the State Code.
Three copies of said New Jersey State Sanitary Code, Chapter IX, Public Recreational Bathing, N.J.A.C. 8:26, have been placed on file in the office of the Township Clerk of the Township of Montclair and in the office of the Health Officer of the Township of Montclair upon the introduction of this chapter and will remain on file in said offices for use and examination by the public.
No person shall locate, construct or alter a public recreational bathing place pool until a permit therefor shall have been issued by the Building Department, and approval of the health authority has been obtained. No person shall operate a swimming pool until a permit therefore shall have been issued by the Health Officer pursuant to the State Code, N.J.A.C. 8:26 — 2.6.
The following fees and charges herewith are established:
For issuance or renewal of a permit to operate a swimming pool: $200.
Permits required by this chapter or code may be denied or suspended by the Health Officer for failure to comply with any of the provisions of this chapter or of the code or any other applicable laws, ordinances or regulations. The Health Officer shall afford the person an opportunity to be heard and shall inform said person of his decision as provided by Section 2.4 of the State Code.
Any person, firm or corporation violating any of the provisions of this chapter or the New Jersey State Sanitary Code, Chapter IX, Public Recreational Bathing, N.J.A.C. 8:26, shall, upon conviction thereof, pay a penalty of not less than $50 nor more than $1,000 for each violation.
Each day a particular violation continues shall constitute a separate offense.