This article shall be cited and may be referred
to hereinafter as the "Local Law for Regulation of Open Pits."
It is declared to be the purpose of this article
to prevent and deter injury to persons or property within the Town
of Southeast as the same may be caused or created as the result of
the digging, excavating or otherwise opening of test pits, test holes,
trenches and other drainage and/or testing devices. It is recognized
that the same, while necessary to the proper and safe development
of real property, when improperly maintained, constructed or protected,
present a very serious hazard to the health and safety of those persons
living, working or being in the vicinity thereof. It is, therefore,
the intent of the Town of Southeast to ensure the reasonable safety
of its residents by requiring protective devices and timely removal
for such excavations.
This article shall apply to all areas within
the Town of Southeast, Putnam County, New York, excepting therefrom
the territorial limits of the Village of Brewster, and shall further
apply to present any future excavations within said Town.
As used in this article, the following terms
shall have the meanings indicated:
CONTROLLED EXCAVATION
Includes any test pit, test hole, trench, swale or other
hole or ditch having a diameter or width in excess of 18 inches and
a depth of more than 12 inches from the surface level of the ground
measured at its lowest point within a radius of three feet from the
center line of the excavation or involving standing water more than
six inches deep.
ENFORCEMENT OFFICER
Includes the Building Inspector of the Town of Southeast
or any other official designated by the Town Board.
PERSON
Any person, corporation, individual, partnership, association
or other entity.
The adoption of this article shall not be deemed
to impose upon the Town of Southeast any responsibility or liability
for negligence, injury or the like caused to any person or property
as a result of the lack of enforcement thereof; nor shall the written
consent and/or approval of the Building Inspector be deemed a representation
on the part of the Town of Southeast, or the agents and employees
thereof, of the suitability, acceptability or effectiveness of any
devices used in the purpose of preventing injury.
[Amended 6-16-1988 by L.L. No. 5-1988]
Any person who violates or causes the violation
of any provision of this article shall be punishable by a fine not
of not more than $250 or imprisonment for a period not to exceed 15
days, or both, for each violation. A continued violation of this article
shall constitute a separate additional violation for each week of
continuance.