HomeMy WebLinkAboutOrdinance #1139
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ORDINANCE NO. 1139
AN ORDINANCE AMENDING TITLE 4 OF THE CANTON MUNICIPAL CODE BY
ADDING THE FOLLOWING CHAPTER 3 REGULATING PRIVATE SWIMMING POOLS.
WHEREAS, the Legal and Ordinance Committee of the Canton City
Council has determined that it is necessary and in the best
interest of the City of Canton to regulate private swimming pools;
and,
WHEREAS, the Canton City Council has made a similar
determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CANTON, Fulton County, Illinois, as follows:
1. That Title 4 of the Canton Municipal Code is hereby
amended by adding the following Chapter 3 to read as follows:
"Chapter 3
PRIVATE SWIMMING POOLS
4-3-1: Installation: It shall be unlawful for any person to
construct, install, or enlarge a residential swimming pool not
enclosed in a permanent building in the City except in accordance
with the following regulations.
4-3-2: Definition: A swimming pool within the meaning of
this section shall be any depression in the ground, either
temporary or permanent, or a container of water, either temporary
or permanent, and either above or below the ground in which water
of more than twenty-four inches in depth is contained and which is
used primarily for the purpose of bathing and swimming.
4-3-3: Construction Requirements:
(A) No pool shall be located, erected, constructed or
maintained closer to any side or rear lot line than allowed by the
City zoning ordinance for permitted accessory building uses, and in
no case shall the water line of any pool be less than four feet
from any lot line.
(B) No direct connection shall be made to the sanitary
sewer or septic system.
(C) Gaseous chlorination system shall not be made use of
as a disinfection method for pool waters.
4-3-4: Fence: Pools within the scope of this section or not
enclosed within a permanent building shall be completely enclosed
by a fence of sufficient strength to prevent access to the pool and
shall be not less than four feet in height, so constructed as not
to have voids, holes or openings larger than four inches in any one
dimension. Gates or doors shall be equipped with a self-closing
s
and self-latching device for keeping the gate or door securely
closed at all times when not in actual use.
Aboveground pools with self-providing fencing to prevent
unguarded entry will be allowed without separate additional
fencing, providing the self-provided fence is of minimum required
height and design as heretofore specified.
Permanent access from grade to aboveground pools having
stationary ladders, stairs or ramps shall have not less than equal
safeguard fencing and gates.
Location or fencing required shall be subject to all other
applicable ordinances.
No fence shall be located, erected, constructed, or maintained
closer to a pool than three feet.
The wall of the house or building faced to a pool may be
incorporated as a portion of such fence.
4-3-5: Electrical Requirements: All electrical installations
provided for, installed, and used in conjunction with a private
swimming pool shall be in conformance with the state laws and city
ordinances regulating electric installations.
If overhead flood or other artificial lights are used to
illuminate the pool at night, such lights shall be shielded to
direct light only on the pool.
4-3-6: Other Regulations: No pool shall be so operated or
maintained as to create a nuisance, a hazard, an eyesore, or
otherwise to result in a substantial adverse effect on neighboring
properties, or to be in any other way detrimental to public health,
safety, and welfare.
4-3-7: Maintenance: A swimming pool or swimming pools shall
be maintained in a sanitary manner. The City may inspect or cause
to be inspected each private swimming pool maintained in the city.
4-3-8: Compliance:
(A) Every owner, contractor, or any other person desiring to
erect, set, place, or construct a swimming pool of a capacity of
500 gallons or more shall, prior to the erection, setting, placing,
or construction start, make application to the City of Canton for a
compliance certificate.
(B) Such application shall be in sufficient detail to
affirmatively demonstrate to appropriate City officials primae
facie compliance with this Chapter and with all other applicable
ordinances, laws, rules, or regulations by the applicant. Upon
such showing a compliance certificate shall issue.
-2-
,.
(C) Any person who proceeds to erect, set, place, or start
construction on any swimming pool without first obtaining a
compliance certificate shall, in addition to any other penalty
provision provided for in this Chapter, be subject to summary
abatement of the erection, setting, placing, construction, or use
of any such swimming pool in conformity with legal or equitable
doctrines and/or other City ordinances.
(D) An applicant for a compliance certificate shall, in the
case of an application for an in-ground pool, pay at the time
application is made, a non-refundable application fee of $25.00; in
the case of an application for other than an in-ground pool, pay at
the time application is made, a non-refundable application fee of
$15.00.
4-3-9: Penalty: Any person, firm or corporation violating
any provision of this ordinance shall be fined not less than one
hundred dollars nor more than five hundred dollars for each
offense; and a separate offense shall be deemed committed on each
day during or on which a violation occurs or continues."
2. That this Ordinance shall be in full force and effect ten
(10) days after its passage by the City Council of the City of
Canton, Fulton County, Illinois; approval by the Mayor thereof;
and, publication in pamphlet form as provided by law.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois this gth day of Anril , 1987,
upon a roll call vote as follows:
AYES: Aldermen Zilly, Steck, Sarff, Workman, Bohler, May,
Chapman,
NAYS: None.
ABSENT: Alderman Kavachevich.
APPROVED/]:'~' ~` ~~,
Donald E. Edwards, Mayor.
ATTEST:
Nand Whites, City Clerk.
-3-
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 4 OF THE CANTON MUNICIPAL CODE BY
ADDING THE FOLLOWING CHAPTER 3 REGULATING PRIVATE SWIMMING POOLS.
WHEREAS, the Legal and Ordinance Committee of the Canton City
Council has determined that it is-necessary and in the best
interest of the City of Canton to regulate private swimming pools;
and,
WHEREAS, the Canton City Council has made a similar
determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CANTON, Fulton County, Illinois, as follows:
1. That Title 4 of the Canton Municipal Code is hereby
amended by adding the following Chapter 3 to read as follows:
"Chapter 3
PRIVATE SWIMMING POOLS
4-3-1: Installation: It shall be unlawful for any person to
construct, install, or enlarge a residential swimming pool not
enclosed in a permanent building in the City except in accordance
with the following regulations.
4-3-2: Definition: A swimming pool within the meaning of
this section shall be any depression in the ground, either
temporary or permanent, or a container of water, either temporary
or permanent, and either above or below the ground in which water
of more than twenty-four inches in depth is contained and which is
used primarily for the purpose of bathing and swimming.
4-3-3: Construction Requirements:
(A) No pool shall be located, erected, constructed or
maintained closer to any side or rear lot line than allowed by the
City zoning ordinance for permitted accessory building uses, and in
no case shall the water line of any pool be less than four feet
from any lot line.
(B) No direct connection shall be made to the sanitary
sewer or septic system.
(C) Gaseous chlorination system shall not be made use of
as a disinfection method for pool waters.
4-3-4: Fence: Pools within the scope of this section or not
enclosed within a permanent building shall be completely enclosed
by a fence of sufficient strength to prevent access to the pool and
shall be not less than four feet in height, so constructed as not
to have voids, holes or openings larger than four inches in any one
dimension. Gates or doors shall be equipped with a self-closing
and self-latching device for keeping the gate or door securely
closed at all times when not in actual use.
Aboveground pools with self-providing fencing to prevent
unguarded entry will be allowed without separate additional
fencing, providing the self-provided fence is of minimum required
height and design as heretofore specified.
Permanent access from grade to aboveground pools having
stationary ladders, stairs or ramps shall have not less than equal
safeguard fencing and gates.
Location or fencing required shall be subject to all other
applicable ordinances.
No fence shall be located, erected, constructed, or maintained
closer to a pool than three feet.
The wall of the house or building faced to a pool may be
incorporated as a portion of such fence.
4-3-5: Electrical Requirements: All electrical installations
provided for, installed, and used in conjunction with a private
swimming pool shall be in conformance with the state laws and city
ordinances regulating electric installations.
If overhead flood or other artificial lights are used to
illuminate the pool at night, such lights shall be shielded to
direct light only on the pool.
4-3-6: Other Regulations: No pool shall be so operated or
maintained as to create a nuisance, a hazard, an eyesore, or
otherwise to result in a substantial adverse effect on neighboring
properties, or to be in any other way detrimental to public health,
safety, and welfare.
4-3-7: Maintenance: A swimming pool or swimming pools shall
be maintained in a sanitary manner. The City may inspect or cause
to be inspected each private swimming pool maintained in the city.
4-3-8: Compliance:
(A) Every owner, contractor, or any other person desiring to
erect, set, place, or construct a swimming pool of a capacity of
500 gallons or more shall, prior to the erection, setting, placing,
or construction start, make application to the City of Canton for a
compliance certificate.
(B) Such application shall be in sufficient detail to
affirmatively demonstrate to appropriate City officials primae
facie compliance with this Chapter and with all other applicable
ordinances, laws, rules, or regulations by the applicant. Upon
such showing a compliance certificate shall issue.
-2-
(C) Any person who proceeds to erect, set, place, or start
construction on any swimming pool without first obtaining a
compliance certificate shall, in addition to any other penalty
provision provided for in this Chapter, be subject to summary
abatement of the erection, setting, placing, construction, or use
of any such swimming pool in conformity with legal or equitable
doctrines and/or other City ordinances.
(D) An applicant for a compliance certificate shall, in the
case of an application for an in-ground pool, pay at the time
application is made, a non-refundable application fee of $25.00; in
the case of an application for other than an in-ground pool, pay at
the time application is made, a non-refundable application fee of
$15.00.
4-3-9: Penalty: Any person, firm or corporation violating
any provision of this ordinance shall be fined not less than one
hundred dollars nor more than five hundred dollars for each
offense; and a separate offense shall be deemed committed on each
day during or on which a violation occurs or continues."
2. That this Ordinance shall be in full force and effect ten
(10) days after its passage by the City Council of the City of
Canton, Fulton County, Illinois; approval by the Mayor thereof;
and, publication in pamphlet form as provided by law.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois this 17th day of March , 1987,
upon a roll call vote as follows:
AYES:
NAYS:
ABSENT:
APPRO D:
Donald E. Edwards, Mayor.
ATTEST: Pa~~lic~{don Ins~ruc~ions
'~7 Do not publish
Nancy Whites, City Clerk. ~ Publish in pamphlet fiorna only
d Publish in a general circulatiGn newspaper
-3- ~13~8
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C6tj ~`. Date