[HISTORY: Adopted by the Town Board of the Town of Rotterdam 6-13-1956. Amendments noted where applicable.]
It is hereby determined that the existence of open wells, cesspools, basins, sumps and other open excavations constitute a menace to the health and safety of the inhabitants of the Town of Rotterdam and that it is the public interest to provide adequate regulations with respect to such open wells and other excavations.
This chapter shall be known and cited as the "Open Well Ordinance."
It shall be unlawful for any person to construct, maintain or use, either on his own lands or on lands of another, any open well, cesspool, cistern, recharging basin, catch basin, sump or building foundation excavation unless such well and/or other excavation be completely covered, or unless such well or other excavation be surrounded by a board, woven-wire or other solid-type fence five feet in height.
This chapter shall not apply to the following:
Agricultural use and/or uses; and excavations, open for not more than 30 days, made for purposes of building construction.
[Amended 3-12-1986 by L.L. No. 4-1986]
A violation of this chapter or any provision thereof is hereby declared to be a violation and shall be punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.