[HISTORY: Adopted by the Board of Commissioners
of the Township of Nether Providence 5-13-1954 as Ord. No. 316. Amendments
noted where applicable.]
Where any quarry or other excavation in excess
of 12 feet in depth at the deepest point is located adjacent to or
within 500 feet of a highway, school, church, public park, playground
or dwelling, or when water in excess of three feet in depth at the
deepest point is permitted to accumulate and remain in any quarry
or other excavation for a period of 48 hours, the owner, lessees or
other person, firm or corporation in possession of the premises wherein
such quarry or other excavation shall be located shall erect a protective
fence of permanent material of wood or metal to a height of not less
than six feet around such portions of the rim of such quarry or excavation
as may constitute a hazard to the life or safety of persons.
Where ingress or egress to such premises is
required by the owner, lessee or other occupier, the same may be by
means of a gate or gates of like material, which gate or gates shall
be kept securely locked when not in use.
Conspicuous notices, warning of the existence
of such quarry or other excavation as aforesaid, shall be posted on
such fences and gates.
[Amended 12-10-1992 as Ord. No. 581]
Any person who violates any of the provisions of this chapter shall, on conviction thereof in a summary proceeding, be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, § 1-16, Building, health and safety violations. Upon the expiration of 30 days following such conviction, should the owner, tenant or occupant of such lands persist in a failure to comply with the provisions of this chapter, each day thereafter shall constitute a separate offense, punishable by a like fine or penalty.
