§ 19-16. Safety requirements and methods.

Every person who owns, operates or maintains any clay, sand or gravel pit or hole, or other similar excavations, shall cause each such excavation to conform with the following basic requirements in respect to safety and method of excavation:

(1)

No such excavation shall be made within twenty (20) feet of any street, alley or other public way or place without there first having been constructed a good sufficient retaining wall approved by the manager of public works.

(2)

No such excavation beyond twenty (20) feet of any street, alley or other public way or place shall be made at an angle greater than thirty (30) degrees from horizontal, provided that as to clay pits existing on July 28, 1950, the director of excise and licenses may, at the request of the manager of public works, waive the whole or part of the requirements of this section when in the director's opinion such waiver will not result in hazard to health and safety.

(3)

No such excavation shall be made within twenty (20) feet of any stream bank.

(4)

All such excavations which are not below the existing water level shall be maintained thoroughly drained. The water in those excavations which fall below the existing water level shall be properly oiled to prevent the propagation of mosquitoes.

(5)

All such excavations shall be safely guarded by a sturdy fence not less than five (5) feet in height of design approved by the director of building inspection and of such construction and in such location as approved by the manager of public works. Each day's continuance of a violation hereunder shall be deemed a separate offense.

(6)

All such excavations when no longer in use shall be filled insofar as is practical; provided, however, that no manure, offal, paper, rags, garbage, or other animal or vegetable matter may be used in such refilling.

(Code 1950, § 985.5)