660.04 EXCAVATIONS AND DEPRESSIONS; FENCING.
(a) No person, being the owner, lessee, user or occupier of lands, or having control or supervision of lands, within the Township, upon which there is contained, maintained or existing any excavation to the depth of four feet, or deeper, whether or not the excavation is in or on the lands, in earth, stone or clay, and whether or not water is therein accumulated and contained, shall fail to erect and maintain, at his expense, a tight fence of permanent material, i.e. wood or metal, to the height of four feet, completely enclosing the excavation in order to prevent persons from straying, wandering or otherwise entering such depression or excavation.
(b) The fence shall be securely closed at all times except when being entered and a gate or gates shall be maintained, which gate or gates shall be securely locked when not otherwise guarded.
(c) The Police Department is hereby charged with the duty of notifying the Township of all such excavations now existing, constructed or maintained within the Township or hereafter made. The Township shall immediately send notice of this section to the owner, lessee, occupier or user of the premises requiring such person to comply with the provisions of this section and to erect a fence as hereinbefore described.
This section shall not apply to natural depressions, wading pools, creek banks, quarries, ponds or lakes, unless the same, in the judgment of the Board of Township Commissioners, creates a public danger to passersby and others who might stray and fall into the same and suffer injury thereby, and provided that notice, as herein provided, is given to the owner, lessee, occupier or user of the premises.
(d) The erection of the fence shall be made within forty-eight hours from the receipt of such notice. Service of the notice may be made personally, by registered mail, by leaving the notice at the habitation of the person charged, and, in the event that service in the foregoing manner is not accomplished, then by posting the premises with a notice of this section.
(e) The existence of any excavation as herein described upon any land within the Township is hereby declared to be a public nuisance and is prohibited.
(f) Upon failure of the owner, lessee, user or occupier of premises containing an excavation, as above described, to comply with the provisions of this section within the period prescribed in the notice provided for in subsections (b) and (c) hereof, the Township may enter the property, abate the nuisance at the expense of the owner, bill the owner for the cost thereof, together with a penalty of ten percent, and, upon failure of the owner to pay the bill within thirty days from the date thereof, file the claim as a Municipal lien and proceed to collect the same under the Municipal Claims and Lien Act or sue in assumpsit. This remedy shall be in addition to the penalty provided in Section 660.99.
(g) A separate offense shall be deemed committed each day a violation exists after notice thereof as provided in this section.
(Ord. 228. Passed 11-18-59.)
1997 Replacement
(a) As used in this section, “model glue” means any glue, cement, solvent or chemical substance containing tuluol, hexane, trichioroethylene, acetone, tolene, ethyl acetate, methyl ethyl ketone, trichioroathane, isopropanol, methyl isobutyl keytone, methyl cello-solve acetate, cyciohexanone or other substance having the property of releasing toxic vapors.
(b) No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system, intentionally smell or inhale the fumes from any model glue, provided, however, that this section shall not apply to inhalation of anesthesia for medical or dental purposes.
(c) No person shall, for the purpose of violating or aiding another person to violate any provision of this section, intentionally possess, buy, sell, transfer possession of or receive possession of any model glue.
(d) Except as provided in subsection (e) hereof, no person shall sell or transfer possession of any model glue to another person under twenty-one years of age.
(e) A person may sell or transfer possession of model glue to a person under twenty-one years of age for model building or other lawful use where such juvenile has in his possession and exhibits the written consent of his parent or guardian.
(f) Any person selling or transferring possession of model glue to a person under twenty-one years of age who exhibits the written consent of his parent or guardian and the name and address of the consenting parent or guardian, shall immediately furnish the Police Department with all data required by this section, which shall be kept in a permanent record to be held for inspection, by the Police Department, and any other law enforcement authorities, either within the Township or outside the Township, for a period of at least six months.
(Ord. 325. Passed 3-15-67.)
(EDITOR’S NOTE: See Section 202. 99 for general Code penalty if no specific penalty is provided.)
1991 Replacement