[HISTORY: Adopted by the Town of Easton as follows: Art. I, by the Annual Town Meeting 3-21-1972 by Art. 33 (Art. 20 of the 1922 Bylaws). Amendments noted where applicable.]
GENERAL REFERENCES
Earth removal — See Ch. 128.
Street opening — See Ch. 202, Art. II.
[Adopted 3-21-1972 ATM by Art. 33 (Art. 20 of the 1922 Bylaws)]
[Amended 11-26-1973 STM by Art. 4; 11-26-1973 STM by Art. 5]
Any person or entity who excavates land or is in charge of excavating land or who or which is the owner of land which is or has been excavated in the Town of Easton shall erect barriers or initiate suitable measures as determined by the Building Inspector for the protection of the public within two days after being notified in writing by personal service or certified mail by the Building Inspector that any such excavation or excavations constitute a hazard to public safety.
A. 
An excavation which constitutes a hazard to public safety under this article shall be defined as an excavation containing one or more of the following conditions:
(1) 
An elevation differential of five feet or more considered in conjunction with the horizontal area dimensions.
(2) 
Side slopes which have a greater than two-to-one slope.
(3) 
Side slopes which contain debris which may dislodge or projecting matter, such as boards, which may injure passersby.
(4) 
Being filled, or partially filled with water or other substances which may drown, trap or otherwise injure persons or animals.
(5) 
Being hidden or obscured from view so that injury may result to persons or animals.
B. 
Barriers such as shall be required under this article shall be installed in accordance with specifications to be set forth in each case by the Building Inspector.
Any person or entity who or which violates any of the provisions of this article shall be subject to a fine of not more than $200 per day for each day such person or entity is in violation of such notice commencing with the fourth day thereof. Each day that such violation continues shall constitute a separate offense.
[1]
Editor's Note: See also Ch. 50, Noncriminal Disposition of Violations.
The Superior Court shall have jurisdiction in equity to compel compliance with the terms of this article as provided in MGL c. 40, § 21, cl. (19), as amended.