[HISTORY: Adopted by the Town Board of the Town of Carmel 12-26-1974 by L.L. No. 3-1974 (Ch. 16 of the 1972 Code). Amendments noted where applicable.]
It is the intent and purpose of this chapter to safeguard the health, safety and welfare of the residents of the Town of Carmel from the inherent dangers of falling into deep test holes.
For the purpose of this chapter, any hole dug more than four feet in depth for the purpose of testing or evaluating soil conditions and securing Town, state or county permits shall be considered a deep test hole.
It shall be unlawful for the owner or person otherwise having possession of property upon which a deep test hole is dug to leave said hole unfilled for more than 24 hours after the deep test hole is dug or to leave said hole unattended or without suitable covering or fencing during said twenty-four-hour period.
[Amended 11-1-2006 by L.L. No. 7-2006; 1-17-2007 by L.L. No. 1-2007]
Any person convicted of violation of this chapter shall be guilty of an offense punishable by a fine of not more than $250 or by imprisonment for a term not exceeding 15 days, or both, for each day that the deep test hole is left unfilled or not suitably covered or fenced as herein required. This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 3 of the Code of the Town of Carmel or the laws of the State of New York, and the local criminal court shall have jurisdiction over such violation.