[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom 11-7-1963
by Ord. No. 59. Amendments noted where applicable.]
All open or unguarded wells, cisterns, cesspools, irrigation pits and
excavations in which there has been an accumulation of any surface or drainage
water shall be covered with a cover sufficient to withstand 500 pounds of
pressure for each 10 square feet of the cover area or completely enclosed
by a permanent fence at least five feet in height constructed in the following
manner:
A.
The fence shall use four-inch diameter peeled cedar posts
that will be eight feet long. The posts shall be erected a maximum of 10 feet
from center to center of posts. Fence fabric shall be of the hinge-joint type,
consisting of No. 12 gauge steel wire, hot zinc coated, measuring 47 inches
in height with a minimum of 10 horizontal wires, spaced according to manufacturer's
recommendations and with vertical wire stays spaced six inches apart.
B.
The fence shall be fitted with two strands of barbed
wire. At the top barbed wire strands shall be equally spaced and the upper
strands shall not be lower than five feet above grade.
C.
In lieu of the four-inch-diameter cedar posts, a suitable
steel post may be substituted. The fence shall be erected so as to keep the
public or any member thereof from falling into such area.
D.
Fence shall be erected and maintained a minimum of 10
feet from such area where this fence is deemed necessary.
E.
Any deviations from this fence design will be subject
to removal, unless previously approved by the Construction Official of the
Borough of Folsom.
Any opened or unguarded wells, cisterns, cesspools, irrigation pits
or excavations in which there has been an accumulation of surface or drainage
water around which a fence is erected pursuant to the terms of this chapter
shall be enclosed in their entirety except when bordering on a natural swamp
or natural body of water. The portion contiguous to the natural swamp or natural
body of water, if not readily accessible to the general public or any member
thereof, does not need to be enclosed with a fence as hereinabove specified.
The provisions of this chapter do not apply to any open or unguarded
wells, cisterns, cesspools, irrigation pits or excavations in which there
is no accumulation of any surface or drainage water.
A.
Any temporary excavation within the provisions of this chapter
shall have barricades erected around such excavation at such times and hours
as such excavation is not being worked on. Said barricades shall be lighted
during the hours of darkness so that the same shall be visible to members
of the public.
B.
For the purpose of this chapter, a "temporary excavation" is
defined as being an excavation that will be filled in or have a building erected
thereon within 20 days from the date the excavation is completed.
All areas subject to control by this chapter shall be posted with signs
displaying the words "DANGER — KEEP OUT."
As to any such open or unguarded well, cistern, cesspool, irrigation
pit or excavation wholly or partially made prior to the passage of this chapter,
the owner or occupant of land on which such areas exist shall post, cover
or fence pursuant to the provisions of this chapter within 60 days from the
final passage and publication hereof.
As to areas covered by this chapter made after the passage hereof, same
shall be posted, covered or fenced within the provisions hereof prior to any
time or period of time the said areas shall be left unattended and properly
and adequately guarded by competent workmen or watchmen.
The owner or occupant or person in charge or control of any land whereon
an area coming within the provisions of this chapter exists or is made shall
erect, cover or cause the fences or barricades provided for herein to be erected
with signs placed and posted as provided herein.
All areas coming within the provisions of this chapter shall be inspected
annually on or about the first day of March each year by the Construction
Official. The said Construction Official shall report in writing setting forth
the areas inspected and any and all recommendations or violations under the
provisions of this chapter. Thereupon the Borough Council shall take all necessary
action to obtain compliance with the terms of this chapter.
Each day this chapter is violated shall constitute a separate offense.
The term "person" used herein shall apply to an individual or partnership
and any and all members thereof, a corporation, its officers and directors
or any other form of business entity.
Any person, firm or corporation violating any provision of this chapter
shall, upon conviction, be subject to a fine not exceeding $1,250, a term
of imprisonment not exceeding 90 days or a period of community service not
exceeding 90 days, or any combination thereof.
