Untitled'aa
ORDINANCE
Ordinance Regulating the Fencing
of Swimming Pools in the
Town of Wappinger
Introduced by Councilman Ck(A i!l:-1
BE IT ENACTED by the Town Board of the Town of G7appinger,
Dutchess County, New York, as follows:
SECTION I "Swimming pool," term defined.
The term "swimming pool" as used in this ordinance shall
mean and include any body of water or receptacle of water having,
a depth at any point greater than two and one-half feet and con-
structed, installed or maintained for swimming purposes in or
above the ground. This definition shall not include natural
bodies of water.
SECTION II Fence or similar barrier surrounding swi.;lming
pool required.
Every person in possession of land within the Town of
,ti'appinger,��� of the incorporated Village of Wappingers
Falls, either an owner, purchaser under contract, leasee, tenant
or licensee, upon which there is situated a swimming pool, shall
at all times maintain on the lot or premises upon which said
swimming pool is located, and completely surrounding such swim-
ming pool lot or premises, a fence or other solid structure
designed to prevent small children from wandering into such
swimming pool.
SLCTION III Height of, openings in fence or barrier.
The fence or other structure required as provided in
Section II shall be not less than four (4) feet in height wita
no openings, other than doors or gates, except as follows:
(a) For a fence or other solid structure whose chief
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covering members are constructed in a vertical direction, there
shall be no opening in a horizontal direction of more than six
(6) inches.
(b) For a fence or other structure whose chief members
are constructed in a horizontal direction, there shall be no
opening in a vertical direction of more than six (6) inches.
(c) A wire 'fence shall be of the "armored or ornamental"
type with openings in the mesh not exceeding six (6) inches.
(d) There shall be not more than six (6) inches from the
bottom of the fence to the ground line.
SECTION IV Gate, door around fence or barrier.
Each fence or barrier around a swimming pool shall be
equipped with gates or doors opening through such enclosure which:
shall contain a latching device which can be secured by a lock-
ing devise.
SECTION V A violation of this ordinance shall be deemed
to be a violation pursuant to the terms of the Penal Law of the
State of New York and such violation shall be punishable as pro-
vided in the Penal Law of the State of New York and the Code of
Criminal Procedure.
SECTION VI This ordinance shall take effect on May 15,
1970.
Seconded by Councilman 1)1,�A,,
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