[HISTORY: Adopted by the Mayor and Council of the Borough of East Rutherford by Ord. No. 81-12 as Sec. 4-9 of the 1982 Recodification. Amendments noted where applicable.]
GENERAL REFERENCES
Violations and penalties — See Ch. 1, Art. III.
Uniform construction codes — See Ch. 126.
Zoning — See Ch. 389.
As used in this chapter, the following terms shall have the meanings indicated:
PRIVATE SWIMMING POOL
Any pool designed, used and maintained for bathing or swimming purposes by an individual for use of members of his household and guests and located on property owned, leased or otherwise occupied by the owner of said swimming pool. Said term shall include portable pools or wading pools; provided, however, that the provisions of this section shall not apply to any portable pool or wading pool having a surface area of less than 80 square feet or having less than 12 inches of water depth.
Every person now or hereafter maintaining a private swimming pool as herein defined shall file a certificate of registration with the Borough Clerk upon such form as may be provided by the Borough Clerk, which certificate of registration shall certify the existence of a private swimming pool as herein defined. There shall be no fee for the filing of said certificate of registration. Certificates of registration for new private swimming pools shall be filed upon completion of installation of said new private swimming pool.
A. 
Every private swimming pool covered by the terms of this chapter shall be completely enclosed by a permanent fence of durable material at least four feet in height and so constructed as to bar all reasonable and normal access to the private swimming pool except through a substantial self-closing gate, or gates of the same height as the fence, equipped with facilities for locking said gate or gates when said pool is unguarded, unattended or not in actual use.
B. 
Every private swimming pool covered by the terms of this chapter shall be erected or placed five feet or more from the side line and 10 feet or more from the rear line of the plot upon which it is situated.
C. 
The provisions of this chapter shall apply to private swimming pools now existing and to private swimming pools hereafter constructed, and all private swimming pools shall be enclosed by a fence.
D. 
The gate or gates in the fence shall be kept closed at all times, except when being used for ingress or egress, and shall be kept locked at all times when the swimming pool is unguarded, unattended or not in use.[1]
[1]
Editor's Note: For provisions on violations and penalties, see Ch. 1, General Provisions, Art. III, Violations and Penalties.