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UntitledTOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AN ORDINANCE REGULATING THE FENCING OF SWIMMING POOLS IN THE TOWN OF WAPPINGER ------------------------------------ STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on Aug. 14, 1969, your deponent posted a copy of the attached notice of Public Hearing on the Ordinance Regulating the Fencing of Swimming Pools in the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Elaine H. Snowden Town Clerk Sworn to before me this -: �%r '' day of ub. 1969. Notary Public /y SS NOThFlY FUE!C,STAl1 OF NEW YORK BESIOING IN OUTGUESS COUNTY COMMISSION EXPIRES MARCH 30,19.79 W. and S. D. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING AX7-3724 20 EAST MAIN STREET - WAPPINGERS FALLS, N.Y. PLEASE TAKE NOTICE that the Town eW of the Town of Wap r will conduct a public hearing at the OV h Hall, Mill Street, 1A1 Falls, New York, on August 25, 1969 at 6:30 P.M. EDT to all p:o'slift'concerning an Ordinance Reydliiiting the Fencing of 9wi+nt:alt 'l pwf s jn,th4llTown of Wappinger., ORDINANCE Bance Regulating the Fenc" of Swimming Pools in the Town of Wappinger Introduced by Councilman Clausen BE IT ENACTED by the Town Board of the Town of Wappinger, 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 constructed, installed or maintained for swimming purposes in or above the ground. This definition shall not include natural bodies of water. SECTION 11 Fence or similar barrier surrounding swimming pool required. Every person in possession of land within the Town of Wappinger, exclusive 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 swimming pool lot or premises, a fence or other solid structure designed to prevent small children from wandering into such swimming pool. SECTION III Height of, openings in fence or barrier. The fence or other structure required asprovided in Section l l shall be not less than four (4) feet in height with no openings, other than doors or gates, except as follows: (a) For a fence or other solid structure whose chief 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 ther structure whoMW i bers are constructed in a direction, t11a1 ening in a vertical direction 1)hn six (6) inch m al" type with (c) A wire fen the' armor openings in the in( six (d) There sh m V than six ;ec from the bottom of the fence to th t is ", SECTION IV di40ra►ound fen ter. Each fence or nd a awf pool shall be equipped with gates or do' J (ng through such enclosure which shall contain a latching ded"c which can be secured by a locking 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 provided 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 Mills ---------------------------------------- AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. •.•.•. Beatrice Osten.... ,••....•,•,•„ofthe Town. of Wappinger, Dutchess County, New Yak, being duly sworn, says that ate is, and i t the several times hereinafter was, theJ�o .FAiioi :Qub45bP-r ..... of W. & S.D. NEWS. a newspaper printed and published every Thursday in the year in the Town of Wappinger. Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for ,, one •,... week successively.... once ,in each week. commencing on the... 14th... day of.. August....... . 1969, and on the following dates thereafter, namely on ...... ....................... .. ............. and ending on the..11th .... day of.. - 4911§ .. • . • • • 11ia , both days inclusive. SubscrTd and sworn to befo me this. .day:a..t9.. V Notary Public My commission expire s.l ..���5.t.4:�.'••�� �••� s/