[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 9-28-71. Section 121-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Article I. Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
LOT
All contiguous property of the same ownership.
PERMANENT PRIVATE SWIMMING POOL
A private swimming pool constructed of permanent materials at or below ground level.
PERSON
Any person, association of persons or corporation.
PORTABLE PRIVATE SWIMMING POOL
A private swimming pool which is not a permanent private swimming pool.
PRIVATE SWIMMING POOL
Any swimming or bathing pools or tanks, whether permanently installed, portable or otherwise, constructed or placed on any lot by any person for the use of himself, the members of his family or guests of himself or his family.
[Added 7-14-87 by Ord. No. 87-13]
No person shall construct, install or place any private swimming pool in the Town of Secaucus without first obtaining a permit to erect or construct such swimming pool from the Construction Code Official of the Town of Secaucus. Such persons shall pay such fee as prescribed by § 64-3A(10) [Swimming pool fees] of the Code of the Town of Secaucus.
No private swimming pool shall be constructed, installed or placed or maintained on any lot except in the following manner:
A. 
The distance from any lot line to the nearest inside face of the pool wall shall not be less than five feet.
B. 
The distance from any street line to the nearest inside face of the pool shall not be less than the front yard and side yard setback requirements as prescribed in the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 135, Zoning.
C. 
The pool shall be located in the rear or side yard of the lot as defined in the Zoning Ordinance.
D. 
A dwelling as defined in the Building Code[2] shall have been constructed and shall be occupied as such upon the lot.
[2]
Editor's Note: See Ch. 59, Building Construction.
E. 
The provisions of this section shall not apply to any existing permanent private swimming pool, but they shall apply to any alteration thereof.
[Added 7-14-87 by Ord. No. 87-13]
No private swimming pool shall be constructed, installed, placed, or maintained in any location except as permitted by § 121-2 (Location regulations) unless, prior to such installation or placing such swimming pool the Board of Adjustment of the Town of Secaucus grants a variance for the purpose of constructing, installing, placing or maintaining a private swimming pool not in conformity with said § 121-2.
[Amended 5-9-72]
No private swimming pool shall be constructed, installed, placed or maintained in the front yard of any lot as defined in the Zoning Ordinance,[1] unless the Board of Adjustment shall grant a variance for the purpose of constructing, installing, placing or maintaining a private swimming pool in the front yard area.
[1]
Editor's Note: See Ch. 135, Zoning.
All buildings and structures accessory or appurtenant to a private swimming pool shall be subject to the provisions and requirements of the Building Code and the Zoning Ordinance[1] and their several supplements and amendments.
[1]
Editor's Note: See Ch. 59, Building Construction, and Ch. 135, Zoning, respectively.
Every permanent private swimming pool, and every portable private swimming pool, the wall or supporting structure of which is not at least four feet above ground level, shall be enclosed with a fence of durable construction of not less than four feet in height or by a wall of a building or structure. A fence of similar construction and height erected on the lot lines, which, with additional fencing of any open areas, completely encloses the pool area, shall be deemed a sufficient enclosure for the purpose of this section. The enclosure shall be provided with one or more substantial gates or doors of at least the height of the fence and the said enclosure and gates or doors thereof shall be so designed and constructed as to reasonably prevent any person from gaining access beneath, through or over the same. Every gate or door of such fence shall be kept securely locked at all times when the pool is not in use.
All outside lights for illumination of a private swimming pool shall be installed and maintained so as to eliminate glare and annoyance to adjoining properties. All such illumination shall be extinguished at 11:00 p.m. or when the pool is not in use.
The use of a private swimming pool is hereby limited to residents of a house or apartment on the lot on which the pool is situated and to their guests. It shall be unlawful to require the payment of any fee or consideration for the use of a private swimming pool, or to require, as a prerequisite to the use of a private swimming pool, membership in any club, association or organization, whether or not such membership involves the payment of any fees, dues, contributions or other consideration.
Sanitary standards for the use and maintenance of private pools shall be in accordance with regulations set by the local Board of Health or the State of New Jersey and shall be strictly complied with.
No person shall construct or alter a permanent private swimming pool without first having obtained a permit from the Building Inspector. The application for a permit and the fee for the same shall be in accordance with the form and amount contained in the Building Code for the construction and alteration of building.[1] Upon finding that the proposed pool or alteration of a pool complies with the provisions of this chapter, the Building Code and the Zoning Ordinance, and upon payment of the fee, the Building Inspector shall issue the permit.
[1]
Editor's Note: See Ch. 59, Building Construction, § 59-4.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment in the discretion of the Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.