[HISTORY: Adopted by the Common Council of the City of Hudson 12-13-1973
by Ord. No. 31-1973 (Ch. 104 of the 1973 Code). Amendments noted
where applicable.]
For the purpose of this chapter, the terms used herein are defined as
follows:
The building or installing of a new swimming pool or the enlarging
of an existing swimming pool or any of its facilities.
Includes corporations, companies, associations, societies, firms
and partnerships as well as individuals.
Any above-surface-type pool of more than 75 cubic feet capacity,
not stationary or fixed but capable of being removed for storage.
Any pool of water having a water depth in excess of 18 inches and
an area greater than 75 square feet, designed, used and maintained for swimming
purposes by an individual for use by his household and guests without fees
and located on property owned, leased or otherwise used and maintained by
the owner of said swimming pool; it shall further mean and include fill-and-draw,
flow-through and recirculation pools which are artificially constructed to
provide recreational facilities for swimming, bathing or wading, and all buildings,
equipment and appurtenances thereto. It shall not include natural outdoor
ponds, rivers or lakes nor baths used for cleansing of the body or practice
of the healing arts.
Any artificially constructed pool intended for use by children, not
designed or used for swimming, with a maximum area of 75 square feet and a
maximum water depth of 18 inches.
A.Â
All materials used in the construction of private swimming
pools or wading pools shall be waterproof and so designed and constructed
as to facilitate emptying and cleaning, and shall be maintained and operated
in such manner as to be clean and sanitary at any time when any such pool
shall be in use or at such times as the same shall be subject to use. Inlets
of treated water shall be so located and spaced as to secure satisfactory
dispersion of the water throughout the pool and not to interfere with draining,
cleaning and disinfecting of the bottom and sides. Sand or earth bottoms shall
not be used.
B.Â
It shall be unlawful to use any temporary electrical
connections in or about any private swimming pool, portable pool or wading
pool. All electrical connections shall be of waterproof type and shall bear
the Underwriters' Laboratory seal of approval and shall be effectively grounded.
A.Â
There shall be no physical connection between a potable
public or private water supply system and such private swimming pools, wading
pools or portable pools below the maximum water line of the pool or to a recirculating
or heating system of said pool. The piping system shall be designed to circulate
the pool water through filtering equipment. Potable water shall feed the pool
overflow level. Potable water siphons will not be permitted to drain the aforesaid
pools. The installation, repair and control of plumbing facilities shall comply
with the Plumbing Code of the City of Hudson.[1]
B.Â
All circulating units shall have a sufficient capacity
to recirculate the entire contents of a pool within 24 hours or less.
A.Â
All pools supplied by a public or quasi-public water
supply system and not equipped with facilities for the recirculation and reuse
of the pool water shall be subject to closure by order of the Mayor during
any period of emergency water shortage declared by a duly authorized public
official.
B.Â
Whenever any pool is a hazard to the health of the public, the Code Enforcement Officer is authorized to summarily close such pool upon the failure of the owner, lessee or occupant of the premises upon which such pool is located to take satisfactory action to abate such hazard to the health of the public within 24 hours after the receipt of the notice required by § 271-12A hereof, and keep such pool closed until no further hazard to the public exists, subject to the right of appeal to the Common Council by the owner of such pool. Said appeal, however, shall not stay the action of the Code Enforcement Officer.[1]
All private swimming pools, wading pools or portable pools with a water
depth of more than one foot, now constructed, installed, established or maintained,
or hereafter constructed, installed, established or maintained within the
City of Hudson, shall be provided with the necessary equipment to completely
pump out or empty said pool, or shall be emptied by providing one drainage
outlet, to be installed at the lowest point of said pool, not in excess of
three inches in diameter, extending from said pool to either a storm sewer,
catch basin, lawn watering system, adequate dry well or sand filtering pit
on the premises on which said private pool is located. The discharge of water
from such pools into a storm sewer shall be permitted only where the capacity
is adequate as determined by the Superintendent of Public Works. No private
pool drain, wading pool drain or portable pool drain shall be connected into
the sanitary sewer system. The discharge of said waters shall in no case cause
or create a nuisance to the abutting property or to the public. The discharge
of said waters, either directly or indirectly, upon the property of others,
shall be deemed a nuisance under the terms of this chapter.
All private swimming pools, wading pools or portable pools with a water
depth of more than one foot shall be disinfected by the use of disinfecting
agents with disinfecting qualities equal to that obtained from chlorine-bearing
compounds. No water shall be used for swimming purposes which, when tested,
shall show coliforms contained therein. For the purposes of this section,
the use of disinfecting agents approved by the National Swimming Pool Institute,
or such disinfecting agents as shall meet the same or higher standards, shall
be deemed compliance with this section.
A.Â
All private swimming pools now existing or hereafter
constructed, installed, established or maintained, with the exception of wading
and portable pools, shall be completely and continuously surrounded by a permanent,
durable wall, fence or barrier which shall be no more than six feet nor less
than four feet in height above grade and shall be so constructed as to have
no opening, mesh, hole or gap larger than two inches in any dimension, except
for doors and gates; provided, however, if a picket fence is erected or maintained,
the horizontal dimension of any gap or opening shall not exceed 2Â 1/2
inches. No fence of any kind or material shall be constructed or maintained
which shall contain projections of any kind at any point on the outer surface
of said fence. A dwelling house or accessory building may be used as part
of such enclosure. All gates used in conjunction with any of the above-described
enclosures shall conform to the specification required above as to height
and dimensions of openings, mesh, holes or gaps in the case of fences, and
all gates and doors shall be equipped with self-closing and self-latching
devices for keeping the gate or door securely closed at all times when not
in actual use. Gates and doors shall be locked when the pool is not in use
or is unguarded or unattended; provided, however, that nothing herein contained
shall be construed to require the construction of an additional wall, fence
or barrier where, in lieu thereof, the entire premises or a part thereof wherein
the pool is contained shall be fully enclosed by a wall, fence or barrier
which meets the specifications set forth herein.
B.Â
Every outdoor wading pool or portable pool shall be enclosed
by a durable wall, barrier or fence as described in the preceding subsection,
unless such outdoor wading pool or portable pool be:
(1)Â
Emptied when not in use or unattended; or
(2)Â
Covered with a suitable, strong protective covering fastened
or locked in place when not in use or unattended. (A cover shall be considered
to be of sufficient strength and securely fastened or locked in place if,
when fastened or locked in place, it will support a minimum dead weight of
200 pounds.)
C.Â
All persons now owning or maintaining any outdoor swimming
or wading pool shall be and hereby are granted a period of 90 days after the
effective date hereof within which to enclose the same as herein provided;
except that any such person now owning or maintaining an outdoor swimming
pool or wading pool presently enclosed by a fence or barrier which substantially
complies with the requirements of this section may be exempted from the strict
requirements thereof for a period of one year to substantially alter, remove,
replace or rebuild such fence upon obtaining from the Building Inspector a
certificate of substantial compliance, as hereinafter provided:
(1)Â
Substantial compliance, for the purpose of this section,
shall mean and include any fence or barrier which, now or hereafter, shall
be maintained at a minimum height of 42 inches above grade, have no opening,
mesh, hole or gap larger than four inches in any dimension and does not have
any projections at any point on its outer surface.
(2)Â
A certificate of substantial compliance may be granted
by the Building Inspector within 90 days after the effective date hereof upon
payment of an inspection fee of $1 and written application to and establishing
to the satisfaction of the Building Inspector, in such a manner as shall be
prescribed by said Building Inspector, that the applicant's fence is maintained
in substantial compliance with the requirements of this section.
D.Â
All persons now owning or maintaining a portable pool
shall be and are hereby granted a period of 30 days after the effective date
hereof to comply with the provisions of this section, anything to the contrary
therein notwithstanding.
No private swimming pool, as defined by this chapter, or accessory building, shall be erected or placed nearer to a street property line or nearer to a side property line than would be allowed for buildings in Chapter 325, Zoning.
No person using a private or portable swimming pool shall indulge in
disorderly or noisy or disturbing conduct or act in any manner as to annoy,
disturb or be offensive to any neighboring householder.
No artificial lighting shall be maintained or operated in connection
with a private swimming pool, wading pool or portable pool in such a manner
as to be a nuisance or an annoyance to neighboring properties. Such lighting
shall not shine directly upon any abutting property. No unshielded lights
shall be permitted.
A.Â
No person or persons, corporation or organization shall
construct a private swimming pool until the plans and specifications thereof
shall first have been submitted to and received the approval of the Building
Inspector or his duly authorized representative.
B.Â
No permit for a private swimming pool, as defined in
this chapter, shall be issued by the Building Inspector until the plans, specifications
and plot plan have been approved by the Plumbing Inspector, and such approval
must be directly obtained from the Plumbing Inspector by the applicant.
A.Â
Every private swimming pool, wading pool or portable
pool constructed, installed, established or maintained in the City of Hudson
shall at all times comply with the provisions of this chapter and any amendment
thereto. Any nuisance or hazard to health which may exist or develop in, in
consequence of or in connection with any such private swimming pool, wading
pool or portable pool shall be forthwith abated and removed by the owner,
lessee or occupant of the premises on which the said pool is located, upon
receipt of notice from the Code Enforcement Officer.
B.Â
It shall be the duty of the Code Enforcement Officer,
the Building Inspector and any police officer of the City of Hudson to investigate
alleged violations of this chapter and enforce the provisions of same.
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.
