[HISTORY: Adopted by the Township Committee of the Township
of Morris 2-8-1962 by Ord. No. 7-62; amended in its entirety 10-8-1975 by Ord. No.
31-75 (Ch. 43 of the 1969 Code). Subsequent amendments
noted where applicable.]
No person, persons, firm, firms or corporation shall, in the
Township of Morris, cause to be made or permit to be made any excavation
in or upon any lands, streets, roads or highways or any other place
in the Township of Morris any deeper than four feet, or any excavation
containing more than one foot of mud, water or both, unless such excavation,
at times other than normal working hours and while work is in progress,
is guarded by a person who shall be present continuously or by the
erection of a fence at least four feet in height, constructed of suitable
materials so as to be impassable, said fence to be supported by iron
posts firmly implanted in the ground, or otherwise supported, so as
to be immovable, and not more than four feet apart, and said fence
shall be erected at least 10 feet from the edge of the excavation
and must completely surround the excavation without any opening therein
or thereon. Said fence may be the fencing commonly called "snow fence"
or "cyclone fence." If said excavation is within the right-of-way
of any street, road or highway, then the same shall be fully and adequately
lighted with warning lights between the hours of sunset and sunrise
and at such other times as may be deemed necessary by the Building
Inspector and/or the Township Engineer of the Township of Morris.
The provisions of § 249-1 apply and are intended to apply to excavations for foundations for buildings and other structures.
A.
Wherever any person, persons, firm, firms or corporation shall violate any of the provisions of this chapter, the Building Inspector and/or the Township Engineer shall notify the person, persons, firm, firms or corporation of said violation forthwith, by registered or certified mail or by personal contact, and order the party to correct said violation by compliance with the provisions of § 249-1 or by eliminating the excavation.
B.
Should such person, persons, firm, firms or corporation fail to correct
said violation within 24 hours after receiving said notice, then the
Township of Morris may proceed to correct said violation, and such
person, persons, firm, firms or corporation shall be liable for the
cost thereof.
Any person, persons, firm, firms or corporation who violates any provision of this chapter or who fails to comply with the order of the Building Inspector and/or the Township Engineer to correct said violation shall, upon conviction of such violation, be punishable as provided in § 1-3, General penalty, of this Code, in the discretion of the Judge adjudging the same.
