[Adopted by Ord. No. 3-2001 (Ch. 8.56 of the 1996 Municipal Code)]
As used in this article, the following terms shall have the meanings indicated:
ABANDONED EXCAVATION
An excavation in which further construction or excavation has been discontinued.
MAN-MADE HAZARDS
Hazards produced by human effort rather than by natural forces which result in a dangerous condition.
WATER COLLECTION AREAS
Drainage ponds, water collection areas or similar water holes which may contain at least 18 inches of water at any point.
The enforcement official charged with the duty of enforcing the provisions of this article shall be the Director of the Department of Housing and Community Development or the Director's designee.
All water collection areas, drainage ponds, or similar water holes classified as man-made hazards shall be completely enclosed by a fence, provided the collection area is within 400 feet of an adjacent residential dwelling or public road.
A. 
Mesh construction. The fence shall be of metal construction with a maximum of two-inch mesh.
B. 
Lockable gate. All openings shall be closeable with a lockable gate.
C. 
Fence height. The fence shall stand not less than 48 inches high when erected, except as modified by the provisions of Chapter 207, Article VII, Zoning, of the Code of the City of Burlington.
D. 
Clearance regulated. The fence shall have a maximum clearance of four inches following the ground line.
The property owner shall be responsible for erection of the fence, for keeping the gates locked, and shall maintain the enclosure in a safe condition.
Fencing shall be required around excavations during construction when unattended until the hazard has been eliminated.
Within 90 days after the effective date of this article, the Director of the Department of Housing and Community Development or the Director's designee shall investigate all existing water collection areas within the City and determine if any such water collection area is hazardous because it may contain at least 18 inches of water at any point. Upon a determination that a water collection area is hazardous, the Director of the Department of Housing and Community Development shall send a notice to the owner of the property by certified mail directing that a fence be constructed in accordance with this article no later than 90 days after receipt of the notice.
The JFK Park Lake and its tributaries, Burlington Island Lake, Delaware River and the Assiscunk Creek and its tributaries, including Pope's Run and the branch though the Fawn Hollow development, are exempt from the operation of this article.