[HISTORY: Adopted by the Township Council of the Township of Jefferson
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-17-1965 by Ord. No. 179
(Ch. 66, Art. I of the 1967 Code)]
No person shall, within the limits of the Township of Jefferson, suffer
or permit the existence on any public or private land, of any abandoned, unused
or unprotected hole, pit, excavation, foundation, cellar, trench or other
unnatural declivity in which stagnant water or debris is retained, or which
is dangerous to any person, including, but not by way of limitation, children,
being or coming upon said land.
[Amended 2-16-2005 by Ord. No. 4-05]
Any person, firm, partnership, utility or corporation, or the owner
or occupier of any land contracting for or conducting the digging of any hole,
pit, excavation, foundation, trench, cellar or other unnatural declivity shall,
unless the same be guarded by a person over the age of 21 years, or unless
said opening is fenced in such a manner that children or other persons will,
in the opinion of the Construction Official, be properly restrained and safeguarded
from falling into said opening, and lighted where required by the Construction
Official, completely cover said opening with a suitable cover capable of sustaining
a weight 500 pounds of pressure for each 10 square feet, or weight of 40,000
pounds if said opening is located on a public or private street, road, alley,
or right-of-way.
As used in this article, the following terms shall have the meanings
indicated:
Includes the terms hole, pit, excavation, cellar, foundation, trench
or other unnatural declivity.
[Amended 2-16-2005 by Ord. No. 4-05]
The Construction Official of the Township of Jefferson, the Police Chief,
the Health Officer or their duly authorized agents shall be responsible for
the enforcement of this article.
[Amended 9-21-1970 by Ord. No. 273]
Any person who shall violate any of the provisions of this article shall
be subject to a fine not exceeding $500 or imprisonment in the county jail
for a term not exceeding 90 days, or both, in the discretion of the Municipal
Court Judge before who such conviction shall be had.
[Adopted 4-20-1964 by Ord. No. 164-A
(Ch. 66, Art. II of the 1967 Code)]
As used in this article, the following terms shall have the meanings
indicated:
One which is not securely covered by a cover sufficient to withstand
500 pounds of pressure for each 10 square feet of the covered area nor completely
enclosed by a permanent wire fence at least four feet in height.
An open or unguarded well, cistern, cesspool or mine hole situated within
the limits of the Township of Jefferson within 500 feet of the side line of
any road, street or highway used by the public is declared to be a public
nuisance.
Any such public nuisance shall be abated by the owner of the land on
which said public nuisance exists, after a notice in writing shall have been
given to said owner by the Clerk of the Township of Jefferson, as hereinafter
set forth.
[Amended 11-6-1991 by Ord. No. 28-91; 2-16-2005
by Ord. No. 4-05]
The Director of Public Works, Director of the Department of Health and
Welfare or the Construction Official of the Township of Jefferson are hereby
empowered, authorized and directed, upon a public nuisance as herein defined
being called to their attention, to notify in writing the owner of the land
on which such public nuisance exists to abate such public nuisance within
five days from the service of the notice upon such owner by either placing
a cover over such nuisance sufficient to withstand 500 pounds of pressure
for each 10 square feet of the covered area or by completely enclosing the
public nuisance with a permanent wire fence at least four feet in height,
which will bar all reasonable and normal access, which notice shall further
provide that, in the event that such owner shall fail to abate such nuisance,
the Township of Jefferson may cause such nuisance to be abated and the reasonable
cost thereof charged against the owner of the land on which such nuisance
exists and that the costs thereof will be a lien on such lands and will be
assessed thereon and collected in the same manner as local municipal taxes
are collected.
In the event of the failure of the owner of the land upon which such
public nuisance exists to abate the nuisance and said nuisance shall be abated
by the Township of Jefferson, then the costs of such abatement shall be a
lien on such lands and shall be assessed thereon and collected in the same
manner as local municipal taxes are collected.
Any landowner violating any of the provisions of this article shall,
upon conviction, in addition to his lands being liable to a lien as hereinabove
set forth, be subject for each offense to a fine of not more than $200 or
imprisonment for a term not exceeding 90 days, or both. Each day during which
any of the aforesaid public nuisances shall exist, after such notice as hereinabove
set forth is given, shall constitute a single and separate violation of this
article.
