§ 63-1-1021. Permanently out-of-service public bathing places.

A.  Public bathing places that are permanently out of service shall be deemed to be public nuisances.

B.  A public bathing place is permanently out of service when it is removed from use with no intention of being reopened.

C.  A public bathing place other than a wading pool will be presumed to be permanently out of service when:

1.  An indoor public bathing place has not been in use for ninety (90) consecutive days;

2.  An outdoor public bathing place has not been in use at any time during the period extending from June 1 to September 1 of the same year.

D.  Closure or securing of a permanently out-of-service public bathing place shall be required immediately upon being presumed permanently out of service.  Closure is to be completed by filling in the public bathing place with earthen material or by covering the facility with solid, rigid, weight-supporting material to make it level with the surrounding area.  Securing is to be completed by constructing or utilizing an existing barrier adequate to prevent entry by unauthorized persons.

E.  Municipalities shall be allowed to secure public bathing places which are out of service and have not been secured in accordance with the requirements of this section, and may charge the costs thereof against the taxes of the owner.