[HISTORY: Adopted by the Board of Commissioners of the Township of
Ridley as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-19-1975 as Ch.52, Art. I, of the 1975
Code]
The owner, tenant or occupant of any land in the Township of Ridley
upon which there is contained or maintained any quarry or excavation in excess
of 12 feet in depth at the deepest point, or upon which water in excess of
three feet in depth at the deepest point is permitted to accumulate and remain
in any quarry or excavation for a period of 48 hours, which said quarry or
excavation is within 500 feet of a public road, street, highway, school, church,
park, playground, recreation center or private dwelling, is hereby required
to erect and maintain in good condition, at his own cost and expense, a fence
of permanent material to a height of not less than six feet around the rim
of such quarry or excavation in order to protect the life or safety of persons.
The fence hereby required shall be securely enclosed at all times, except
for ingress or egress, by means of a gate or gates, which gates shall be locked
when not in use.
Conspicuous notices warning of the dangerous condition of the lands
shall be posted on said fences and gates.
Immediately upon the adoption of this article, each Commissioner of
the Township of Ridley shall certify to the Township Secretary what lands
or quarries are maintained in the ward wherein he resides which require the
fencing as herein provided. Thereupon the Township Secretary shall immediately
send a copy of this article to the owner of such land, together with a notice
requiring such owner to comply with the provisions of this article within
30 days from the date of the receipt of said notice. Service of said notice
may be by registered mail or by personal service on the owner of said lands.
In the event that the Secretary is unable to so serve such owner of said lands,
posting the property shall be good and sufficient notice.
Any person receiving the notice set forth in § 129-4 herein may, in lieu of erecting a fence as required, remove the hazardous conditions by forthwith draining the water from the quarry or excavation and, within five days from the receipt of such notice, advise the Township Secretary, in writing, that he desires a hearing before the Board of Township Commissioners in order to determine if an additional period of time will be allotted in order to fill such quarry or excavation or to so grade the excavation as to eliminate danger to life or limb. It shall thereupon become the duty of the Township Secretary to place the matter on the agenda for the next scheduled meeting of the Board of Township Commissioners. At such meeting the Board shall determine what period of time shall be proper in order to permit such person to so fill such quarry or excavation. The failure to fill such quarry or excavation within the time allotted by the Board of Township Commissioners shall operate to require fencing as hereinbefore set forth without any additional notice whatsoever. The failure to give the notice to the Township Secretary within said five days, requesting a hearing as aforesaid, shall operate as a waiver of any request for additional time to fill the quarry or excavation and shall further operate to require fencing as hereinabove set forth.
Any person, firm or corporation who violates any of the provisions of
this article shall, upon conviction before a District Justice, be sentenced
to pay a fine not exceeding $1,000, plus costs of prosecution, and in default
of payment of such fine and costs shall be imprisoned for a period not to
exceed 30 days. Each day such a violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such hereunder.
