§ 51.56. Maintenance of hazardous conditions or operations; quarry, landfill or excavation.

(a)

Protective Fencing Required. No person, firm or corporation which owns, maintains or controls any quarry, landfill or excavation having a depth in excess of fifty (50) feet and has a slope to the walls thereof in excess of fifty (50) degrees from horizontal shall maintain that quarry, landfill or excavation with a depth in excess of fifty (50) feet and wall slopes of fifty (50) degrees, without complete enclosure thereof by protective fencing as hereinafter set out.

(b)

Minimum Requirements for Protective Fencing. All protective fencing required by subsection (a) above shall be as follows:

(1)

Protective fencing shall be not less than six feet in height, excluding any barbed wire barrier required under subsection (b)(4) hereof, and except in certain special hazard areas where the fence shall be not less than seven or eight feet in height, as hereinafter set out, excluding any barbed wire barrier. These special hazard areas are hereby defined to include the area along West Avenue between First and Second Streets and along Second Street between West Avenue and Highland where a seven-foot fence shall be required, and the area along Second Street and Salt Creek Park between West Avenue and Illinois Route 83 where an eight-foot fence shall be required, or such other special hazard areas as the City Council shall by ordinance determine from time to time.

(2)

Protective fencing shall, on that property, completely surround the quarry, landfill or excavation subject to subsection (b)(7) hereof.

(3)

The protective fencing shall be of the chain link or woven variety and construction, with a metal cross bar between uprights only at the bottom of the upright, except that any existing fencing that meets the height requirements of this Section and is repaired and maintained to the standards of this Chapter may remain without replacement.

(4)

Protective fencing as required herein shall have not less than six strands of barbed wire suspended above it, three strands each placed at angles of not less than forty-five (45) degrees from vertical both outward and inward from the quarry from the top of the required fence.

(5)

No trees or shrubs shall be planted or permitted to exist on property on which is located any quarry, landfill or excavation within one foot of the fence; and no tree limbs or branches shall be allowed to encroach over the protective fence from the quarry, landfill or excavation property.

(6)

Every twenty (20) feet on the outside of the protective fence shall be placed a sign warning of the dangerous condition on the other side of the protective fence.

(7)

Gates shall be permitted only for vehicle access routes to and from the quarry, landfill or excavation. Such gates may be of the woven wire or chainlink variety and shall be not less than six feet in height; if swinging gates, then the gates shall have barbed wire affixed to the top thereof in the same manner as set forth in subsection (b)(4) hereof; or if sliding gates, then three strands of barbed wire shall be affixed projecting straight up from the top of such sliding gates; and shall be constructed so a metal bar shall extend across the bottom of the gate no higher than six inches from the level of the access route. All gates shall at all times other than when allowing access to the property be securely locked and patrolled so as to prevent unauthorized access to the quarry, landfill or excavation.

(8)

Any fence required hereunder shall be maintained and repaired so as to at all times retain the protective qualities, dimensions and strength as when originally installed. The person, firm or corporation that owns, maintains or controls the quarry, landfill or excavation that requires installation of a protective fence under this Chapter shall on an annual basis inspect that fence for compliance with this Section.

(c)

Penalty. Any person, firm or corporation that shall violate any of the terms of this Section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. Each day during which a violation continues shall be considered a separate and distinct offense.

The City Attorney is authorized to apply to any court of competent jurisdiction for an order or decree to enforce the provisions of this section. (5/7/90)

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