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Swimming Pool Zoning Laws and Fencing Requirements Town of West New York, Hudson County

June 12, 2018

Updated as of June 2018


Any receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above the ground outside any building as a fixed permanent improvement.

361-1Adoption of standard code by reference.

A code regulating and controlling the location and construction, alteration and operation of swimming pools, the issuance of permits to locate and construct, alter or operate swimming pools, and declaring and defining certain swimming pools as nuisances and fixing penalties for violations is hereby adopted, pursuant to Chapter 188, Laws of 1950 (N.J.S.A. 26-3-1969.1 to 3-69.6). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.

361-2Title of code.

The said code established and adopted by this article is described and commonly known as the “Swimming Pool Code of New Jersey (1955).”

361-3Copies on file.

Three copies of the Swimming Pool Code of New Jersey (1955) have been placed on file in the office of the Town Clerk upon the introduction of this article and will remain on file in said office for the use and examination of the public.

361-4Permit required.

[Amended 10-19-1977 by Ord. No. 1261]

No person shall locate and construct, alter or operate a swimming pool until a permit thereof shall have been issued by the Board of Commissioners.


[Amended 5-15-1968 by Ord. No. 1000]

The following fees and charges are herewith established:

For the issuance of a permit to locate and construct a swimming pool, $10.

For the issuance of a permit to alter a swimming pool, $10.

For the issuance or renewal of a permit to operate a swimming pool, $50.


Permits issued for the operation of a swimming pool shall expire annually on December 31 of each year and application for renewal thereof shall be submitted, together with the required fee, prior to November 30 of each year.

361-7Suspension or revocation of permit; hearing.

[Amended 10-19-1977 by Ord. No. 1261]

Permits required by this article or code may be denied or suspended by this Board of Commissioners for failure to comply with this article or code. This Board of Commissioners shall afford the person whose permit to locate and construct, alter or operate has been denied or suspended an opportunity to be heard in public hearing and, following this, to be informed of the Board’s decision as hereafter provided by § 361-2.

361-8Violations and penalties.

[Amended 10-19-1977 by Ord. No. 1261]

Any person or persons, firm or corporation violating any of the provisions of this article or the Swimming Pool Code of New Jersey (1955), made a part hereof, shall, upon conviction thereof, be subject to the penalties provided for in Chapter 1, General Provisions, Article I.

Each day a particular violation continues shall constitute a separate offense.

361-9Fees and regulations established.

The following fees, rents or other charges and regulations for admission to or use of any property used for a public swimming pool in said Town of West New York in the County of Hudson are hereby established as follows:

Schedule of Membership Fees.

[Amended 6-15-1983 by Ord. No. 1606; 7-19-2006 by Ord. No. 10/06; 7-21-2016 by Ord. No. 15/16]

Type Description Resident Nonresidents
A First adult in household $99 $199
Each additional immediate member of household $49 $99
B Age 62 or over Free of charge N/A
C Guest passes (purchased by member in books of five tickets per book)
Weekdays $7 $10
Weekends $8 $10
Holidays $10 $12
D Group rate for day-care centers $5 per child

Regulations. The following regulations shall govern for the purpose of interpreting and applying the membership fees set forth in this schedule:


A “household” is defined as any group of persons functioning as a single housekeeping unit with kitchen privileges, as permanent residents in a dwelling unit owned or rented by the member.


An “adult” shall mean a person 18 years of age or, older.


Any non-adult who attains age 18 on or before the March 31 next preceding the opening of the swimming season shall not be included in a household and may become a member only by subscribing to an individual membership.


A person shall be qualified for senior citizen membership if he or she shall have attained the age of 62 on or before the March 31 next preceding the opening of the swimming season.


All applicants and members shall furnish satisfactory proof of age.


Membership cards or identification badges will be issued, are nontransferable and must be presented on each day for admission.


A “guest” is any nonmember who is accompanied into the facility by a member.


The deposit of $25 is nonrefundable. The balance of a membership subscription may be refunded prior to July 1 in whole or in part in the discretion of the Commission for good cause shown. No refunds shall be made after July 1.


Membership and/or guest privileges may be revoked or suspended for violation of Commission rules and regulations.


In order to register for membership, an applicant must pay a nonrefundable deposit of $25 on or before April 1 of the forthcoming season.


In order to be considered as a member, the applicant must complete payment in full on or before May 1 of the forthcoming season.

361-10Applications for membership.

Application for membership will be considered on a first-come, first-served basis. A maximum of 600 memberships will be sold. Persons applying for membership in the municipal swimming pool facility after the maximum membership capacity has been reached shall be required to deposit a fee in such amount as may be established by a resolution of the Mayor and Commissioners for the purpose of being placed on a waiting list for active membership. Membership openings shall be filed in the chronological order in which applications are received.

361-11Rules established; posting.

There are hereby established and promulgated the rules and regulations governing the use and operation of West New York Swimming Pool and Recreation Facility located at 60th Street and River Road, West New York, Hudson County, New Jersey.

A copy of the rules and regulations shall be posted at the West New York Swimming Pool and Recreational Facility at 60th Street and River Road, and shall also be filed with the Town Clerk for public inspection.


As used in this article, the following terms shall have the meanings indicated:


The individual’s age on March 31 of each season.


The total area of the West New York Swimming Pool and Recreational Facility.


The first ten-foot area of concrete immediately surrounding the pool.


The entire area surrounding the pool and the bathhouse.


Remainder of concrete area surrounding the pool.


The period commencing on the Saturday of Memorial Day and terminating on Labor Day of each year.

361-13Identification cards and badges; guest passbooks.

All members will be issued an identification badge or card which must be shown each day for admission to the area and be exhibited at all times within the area.

Identification badges or cards are not transferable.

Illegal transfer of badges or cards, the giving of false information or changing of identification badges or cards will result in revocation or suspension of membership.

Lost identification badges or cards must be reported to the manager immediately and may be replaced upon payment of a fee of $5.

Each member shall be entitled to purchase guest passbooks for the summer season. Guests shall be governed by the rules and regulations for guest memberships established from time to time by the Mayor and Commissioners of the Town of West New York.

361-14Swimming pool rules.

All bathers, including babies, shall wear bathing suits in the swimming pool and in the pool area.

All persons having a hair length in excess of six inches or more shall be required to wear bathing caps at all times when they are in the swimming pool.

Any person having a communicable disease, open blisters or cuts, sore or inflamed eyes, ears, nose or mouth infections, excessive sunburn or any type of skin disease will be excluded from the pool area. No person wearing any type of bandage, cast or Band-Aid shall be permitted in the pool.

No inflatable water paraphernalia shall be allowed within the pool area. Snorkles, fins, masks or other swimming aids shall not be worn except upon the prior permission of the manager.

Diving is restricted to permitted diving board areas. Diving from a position along any wall or ledge is prohibited

No one is allowed in water unless a lifeguard is present.

No swimming is permitted in the diving area.

No one is permitted to swim in the deep water (over six feet in depth) unless they have successfully passed the official deep water test

The following activities are prohibited in the pool area:


Carrying a lighted cigarette, cigar, pipe or other flammable or smoking substance.


Dunking another swimmer or riding on the shoulders of another swimmer.


Removal of water or sand from the pool area.


Eating or bringing food or drink within the pool area.


Hanging on ropes within the pool.


Bringing bicycles, tricycles, big wheels, carriages, strollers or baby toys within the pool area.

No person shall comb his hair within the pool area. No one of any age shall wear curlers within the pool area.

361-15General rules.

All vehicles shall be parked in designated areas. Parking in unauthorized areas or in areas restricted to emergency vehicle traffic shall be subject to motor vehicle violation prosecutions.

No items of personal property shall be left on the pool apron or pool area.

All persons shall abide by separate rules and regulations posted for use of special facilities. These regulations shall be prominently posted at each such facility. The special facilities for which separate rules and regulations shall be posted thereat are:


Children’s play area.


Food and eating area.


Changing areas.


Bathrooms and showers.

Dressing and undressing will be done in areas officially designated and posted by signs designating these areas. Dressing or undressing will not be permitted in parking areas or in any other part of the area.

All food must be served and consumed within designated areas only. Under no circumstances shall food or beverages be brought into the pool area or stored overnight in any other location in the area.

Children under 10 years of age will not be permitted to enter the facility or to be anywhere in the area unless accompanied by a responsible person 16 years of age or older.

Destruction or defacing of property will result in suspension or revocation of membership or guest privileges and expulsion from the pool area.

Neither the town nor the Commission nor any of their officers and employees shall be responsible for valuables brought into the area.

All litter, paper or debris shall be placed in designated trash receptacles.

Card tables and umbrellas shall be permitted in designated areas only.

Dress in and out of the pool shall be consistent with standards of good taste.

Persons wearing street clothing or street shoes shall not be permitted within the pool apron area.

361-16General prohibitions.

In addition to any other conduct which is determined by the Mayor and Commissioners to be inimical to the safe and orderly operation of the West New York Swimming Pool, the following activities are expressly prohibited:

The use of glass, glass containers or metal containers within the pool area.

The possession, display or consumption of alcoholic beverages within the area.

The operation of bicycles, three-wheeled vehicles, baby carriages or strollers except in designated areas and in no event within the pool apron area.

The operation of musical instruments, portable radios, television sets or tape or record players. Loud, boisterous or noisy conduct is prohibited in all areas.

The presence of pet dogs, cats or any other animals within the area.

Ball playing, roughhousing, wrestling, rowdiness or other similar conduct affecting the safety and comfort of others within the area.

Any other conduct which in the opinion of the Director of Public Affairs or the manager creates a public or private nuisance or is inimical to the safe and healthful operation of the swimming pool facility, the area or any part thereof.

[Amended 6-17-1998 by Ord. No. 11/98[1]]


Editor’s Note: This ordinance provided that all references to the West New York Swimming Pool Commission shall be replaced by the Director of Public Affairs. It further provided that all duties and obligations heretofore placed in the West New York Swimming Pool Commission shall be placed in the Department of Public Affairs. All rules and regulations in effect at this time enacted by the West New York Swimming Pool Commission shall remain in force until amended by the Director of Public Affairs.


Regulations shall be posted at the pool and the offices of the Town Clerk and are to be strictly enforced.

The governing body, Director of Public Affairs or the manager may close or limit the operation of the facility or number of persons admitted for use of the pool whenever any of them shall deem such action to be necessary or desirable for the protection of the health, safety, comfort and welfare of the persons using the facility and the public at large.

Members of the Police Department of the Town of West New York, designated agents of the town, the Director of Public Affairs and the manager shall have authority to prohibit dangerous, improper or immoral, or any conduct in violation of these rules and regulations. The governing body or the Director shall have the power of suspension or revocation of the privileges otherwise granted to the holder of the membership badge or card and the power of immediate expulsion from the West New York Swimming Pool Facility.

361-18Hours of operation.

The hours of operation of the swimming pool facilities shall be determined by the Director of Public Affairs.

361-19Violations and penalties.

Any person or persons violating any of the provisions of this Article may have their membership suspended or revoked by any of the stated enforcement authorities.

Any person who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $200 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment in the discretion of the court. Each violation of any of the provisions of this Article shall be deemed to be a separate and distinct offense.

361-20Compliance with other laws required.

Compliance with the provisions of this Article shall not relieve any person of the duty to observe other applicable provisions of any New Jersey statute or of any ordinance of the Town of West New York.

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