[HISTORY: Adopted by the Town Board of the
Town of Pendleton 4-4-1972. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
- SWIMMING POOL
- Any body of water (excluding natural bodies of water fed
by rivers, streams or brooks) or receptacle for water that is capable
of having a depth at any point greater than two feet used or intended
to be used for swimming or bathing and constructed, installed or maintained
in or above the ground outside or inside any building. This also includes
hot tubs and spas.[Amended 3-9-2015; 12-14-2015]
A swimming pool installed or maintained as an
accessory use shall require a building permit and meet the following
requirements:
A.
When permitted. Any such pool shall be used only as
an accessory use to a dwelling or a special permit use for the private
use of the owner or occupant of such dwelling or building and his
or her family, guests or employees.
B.
Safety measures. Any such pool shall be completely
enclosed by a barrier not less than four feet in height, with all
gates or doors opening through such enclosure equipped with self-closing
and self-latching devices designed to keep and capable of keeping
such gates or doors securely closed at all times when not in actual
use, of a type approved by the Code Enforcement Officer. The barrier
shall consist of a fence, a wall, a building, or any combination thereof.
[Amended 3-9-2015; 12-14-2015]
C.
Location. Any pool shall be no closer than fifteen (15) feet to any lot line and shall meet building setbacks as established by Chapter 247, Zoning.
D.
Filters. Any such pool shall be equipped with an integral
filtration system and filter pumps or other mechanical devices which
shall be so located and constructed as not to interfere with the peace,
comfort and repose of the occupant of any neighboring property and
shall in no case be closer than fifteen (15) feet to any lot line.
E.
Drainage. A request for installation of a pool shall
be accompanied by a statement of the proposed method of draining the
pool, indicating to the satisfaction of the Code Enforcement Officer
that such drainage shall not interfere with the enjoyment of neighboring
properties.
F.
Corrective measures. The Code Enforcement Officer
shall order the immediate correction of any situation which does not
meet the requirements or intent of this chapter or for which he receives
a written complaint from the County Health Department and shall, when
considered necessary, require any pool to be immediately drained.
Section 222-2B shall apply to all existing pools, and the owners of such existing pools shall have six (6) months from the effective date of this chapter to comply with said subsection.
It shall be the duty of the Code Enforcement
Officer to enforce the regulations and restrictions provided by this
chapter.
[Amended 6-4-1996 by L.L.
No. 1-1996]
A violation of this chapter or of any regulation
or provision thereof shall be an offense punishable by a fine not
exceeding two hundred fifty dollars ($250.) or imprisonment for not
more than fifteen (15) days, or both. Each and every week that a violation
of this chapter is permitted to exist shall constitute a separate
offense. This penalty shall be in addition to any other penalties
or other remedies as may be provided by law.
