(A) Fees. The permit fee for a private, public or semi-public pool shall be as listed in the fee schedule of the Town of Lakeside. Each private, public or semi-public pool shall require a separate permit.
(B) Failure to comply. Failure to comply with any section of this subchapter may result in the immediate closure of the pool and/or the initiation of legal action. Upon determination that the pool does not comply with the provision of this subchapter, the Town Administrator shall notify the certified pool operator of the existing violations. If the Town Administrator determines that the condition of the pool is hazardous to the health or safety of the swimmers or of the general public, the pool shall be closed. Signs shall be posted at all entrances to the swimming pool and written notice shall be given. Said signs shall be clearly visible to a reasonably observant person and shall state, "Closed by the Town of Lakeside." A reinspection of the pool will be conducted during the regular working hours of the Town of Lakeside at the request of the certified pool operator. If compliance has been achieved, the certified pool operator shall be notified that the pool may be opened. The owner and certified pool operator shall be responsible for keeping the closed sign visible at all times. It shall be a violation for the owner or operator to allow use of the pool after the pool has been ordered closed, and the closed sign has been posted by the Town Administrator.
(C) Violation of closure order.
(1) When the Town Administrator has ordered that a pool be closed due to noncompliance with any provision of this subchapter, the owner of such pool shall not knowingly allow the pool to be used for swimming, diving or bathing purposes and shall immediately take every reasonable step to prevent the use of such pool for such purposes. By way of example and without limiting such duty, the owner shall immediately post notices reasonably likely to come to the attention of potential users of the pool, advising of the closure and shall immediately lock all gates and doorways in any fence or other enclosure surrounding such pool.
(2) Use of the pool by an individual for swimming, diving, or bathing purposes after the Town Administrator has ordered such pool to be closed shall be deemed prima facie evidence that the owner of the pool has knowingly allowed the pool to be used for such purposes.
(D) Regulations pertaining to pool areas, persons in pool areas and employees. A person and the certified pool operator commits an offense if that person or operator:
(1) Allows an animal to enter or remain within the pool area or pool enclosure of a public or semi-public pool;
(2) Has skin abrasions, open sores, skin disease, eye disease, nasal or ear discharge, or a communicable disease and swims in a public or semi-public pool;
(3) Works at a public or semi-public pool while infected with a communicable disease;
(4) Alters or removes safety equipment from a public or semipublic pool except in an emergency; or
(5) Carries glass within a public or semipublic pool area or enclosure.
(E) Enforcement responsibility. The Town Administrator or his or her authorized representative shall have enforcement responsibility for this subchapter.
(Ord. 313, passed 6-22-2010)