[HISTORY: Adopted by the Annual Town Meeting
of the Town of Fairhaven 3-21-1959 by Art. 64 (Ch. XV of the 1934 Bylaws). Amendments noted
where applicable.]
Any person excavating land or any person in charge
of such excavation and any owner of land which has been excavated
shall erect barriers or take other suitable measures within two days
after such person has been notified, in writing, by the Building Commissioner
or the Select Board that in his, her or their opinion such excavation
constitutes a hazard to public safety.
Whoever violates any of the provision of this section
shall be punished by a fine not exceeding $200 per day for every day
such person is in violation of such notice commencing with the fourth
day thereof. The Superior Court has jurisdiction in equity to compel
compliance with this section. See MGL c. 40, § 21, cl. (19),
as amended.
Owners of land whereon is located an abandoned well
or a well in use shall either provide a covering for such well capable
of sustaining a weight of 300 pounds or fill same to the level of
the ground.
Whoever violates any of the provisions of this section
shall be punished by a fine of not less than $100 nor more than $500.
See MGL c. 40, § 21, cl. (20), as amended.