[Adopted as Secs. 18-5 through 18-7 of the
1963 Code]
The owner of any property on which is located any quarry, shaft, well, cistern or similar man-made facility, which facility is located in close proximity to any public or private highway, street, school, church, playground or place of public congregation, shall, if such facility is no longer in use, fill in such facility to the level of the surrounding ground or completely cover the same and, in each case, in accordance with regulations to be adopted by the Town Engineer as provided in § 154-2.
The Town Engineer shall adopt, amend, promulgate and enforce such regulations based upon reasonable standards of safety and operating uniformly with respect to each classification of facility referred to in § 154-1 as will promote safe and adequate protection for the public against drowning and other injury from such facilities. These regulations shall apply to new and existing facilities, shall specify reasonable minimum requirements for the safety of the public and may take into account all relevant circumstances affecting the danger to the public from any such facility; instances affecting the danger to the public from any such facility, including the size, depth, method or type of construction and condition of repair of the respective facility; the nature of the use or occupancy of the land on which it is located; congestion of the surrounding area; and the temporary or permanent nature of any accumulation of water.
The Town Engineer shall give written notice to any person upon whose property is located a facility which comes within the provisions of §§ 154-1 and 154-2 or the regulations promulgated as provided in § 154-2 and who has not protected such facility as required by § 154-1. Failure to correct any such condition within 10 days after the receipt of such notice by such property owner shall be a violation of §§ 154-1 and 154-2 punishable by a fine not to exceed $100. Each day that such violation continues shall constitute a separate offense.
