[HISTORY: Adopted by the Board of Trustees of the Village of Rockville Centre 2-22-1971 by L.L. No. 1-1971 as Ch. 58 of the 1971 Code. Amendments noted where applicable.]
It shall be the duty of each and every person, firm, association or corporation owning land within the Village, upon which land there is any excavation or depression as a result of which the surface of any portion of the land is lower than three feet below the grade of the nearest street adjacent to said land, or where the land is used for a legal use or a nonconforming use pursuant to Article III of Chapter 340, whenever and wherever such use or nonconforming use includes the outdoor storage of any materials such as building material, mason materials and supplies, building equipment and machinery, or where land is used for a purpose which is dangerous to children who may be attracted to such premises, to construct solid-type fence made of rust-resistant metals and/or wood properly treated to repel insect attack, rot and decay around the boundaries of such land, which fence shall be at least six feet in height and shall be so constructed as to prevent children from gaining access through said fence to such premises and to prevent a view through said fence of such premises in which the excavation or depression or use is located. The street front setback for such fence shall conform to the average setback of the adjoining buildings. Where this chapter effects a nonconforming use, the average setback distances as described above may be altered to a minimum setback distance of eight feet except that where existing fences are installed the new fence line may coincide with such existing fence line. This shall not apply to swimming pools, which are otherwise regulated by Chapter 291, Swimming Pools.
Any person, firm, association or corporation violating provisions of this chapter shall be liable for and pay a penalty of $50 for each offense and an additional penalty of $10 for every day during which such violation shall continue. And in addition thereto any violation of this chapter shall constitute disorderly conduct and any person violating this chapter shall be and is hereby declared a disorderly person.
This chapter does not apply in the case of road excavations for utilities, nor does it apply during construction pursuant to a valid building permit obtained from the Chief Engineer of the Village.