[HISTORY: Adopted by the Mayor and Borough Council of the Borough
of Berlin 6-17-1968 by Ord. No. 68-3 as
Ch. 72 of the 1968 Code. Amendments noted where applicable.]
The words, terms or phrases hereinafter set forth shall, for the purpose
of this chapter, be defined as follows:
Includes natural persons, firms, copartnerships, societies, associations,
corporations and other legal entities.
[Amended 10-9-1981 by Ord.
No. 81-16[1]]
Includes any pool, tank or similar container designed or maintained
for baths or swimming purposes and used as an accessory to a residence by
the persons living therein and their guests or used in any commercial and/or
institutional enterprise by persons living on or visiting said premises. The
term shall be further construed as including an artificially constructed,
as well as a partly and/or wholly natural, pool.
[Amended 10-9-1981 by Ord.
No. 81-16[2]]
[1]
Editor's Note: This ordinance also repealed the former definition
of "portable swimming pool," which immediately followed this definition.
[2]
Editor's Note: This ordinance also repealed former § 72-2,
Portable swimming pool: compliance with ordinance, which immediately followed
this definition.
[Amended 10-9-1981 by Ord.
No. 81-16]
All swimming pools now existing or hereafter constructed, installed,
established or used shall be enclosed by a permanent fence of durable material
at least four feet in height, which fence shall be so constructed as not to
have openings, mesh, holes or gaps larger than four inches in any dimension,
except for doors and gates. If a picket fence is erected or maintained, the
spacing between pickets shall not exceed four inches. All gates used in conjunction
with the fence shall meet the same specifications as the fence itself and
shall be equipped with approved locking devices, which shall be self-closing
and shall be locked at all times when the swimming pool is not in use. In
lieu of fencing, a totally above-grade swimming pool may be equipped with
a suitable strong cover, which shall be put in place and locked securely at
all times when the pool is not occupied or guarded by an authorized attendant.
If an above-grade swimming pool is equipped with a ladder, stairway or other
ramp to facilitate entry into the pool, such device shall be removed and/or
locked in a remote position when the pool is unattended. Fencing on above-grade
pools around the perimeter and attached to the highest point of the side supports
is acceptable, provided that the top of the fence is a minimum of four feet
above grade and entry requirements to the pool are adhered to.[1]
[1]
Editor's Note: Former § 72-4, Portable swimming pools: cover,
ladder, etc., which immediately followed this section, was repealed 10-9-1981
by Ord. No. 81-16.
[Amended 10-9-1981 by Ord.
No. 81-16]
All swimming pools now in existence in the Borough of Berlin shall be
fenced or covered as herein required.
Any person violating the terms of this chapter or refusing or neglecting
to comply with any of its provisions shall, upon conviction thereof, be subject
to a fine of not more than $200 or to imprisonment in the county jail at Camden,
New Jersey, for a period of not more than 30 days, or both, in the discretion
of the Judge before whom such conviction is had.
[Added 10-9-1981 by Ord.
No. 81-16]
No swimming pool in the Borough of Berlin shall be filled with water
or any other liquid prior to compliance with all Borough ordinances. In addition,
the level of water or liquid within a swimming pool shall have no bearing
on compliance with the provisions of this chapter.
