§ 6-2. Same—Protection of public safety; filling or covering

(a) Any well, cistern or cesspool found to be inadequately covered and maintained and/or abandoned and any open ditch, trench or excavation inadequately enclosed or barricaded to prevent accidental entry thereinto by persons or animals shall be deemed dangerous to public health and safety.

(b) All wells, cisterns and cesspools within the town shall be constructed, covered and maintained in accordance with the health practices approved by the health officer of the town. All open ditches, trenches and excavations shall be so constructed, maintained and protected as not to constitute a threat to the health and safety of persons or animals.

(c) Whenever in the opinion of the health officer or the chief of police the use or condition of any well, cistern, cesspool, ditch, trench or excavation constitutes a menace to life and endangers the public health and welfare, the use and maintenance thereof shall be discontinued and such well, cistern, cesspool, ditch, trench or excavation shall be filled with sand, gravel or other suitable solid material or shall have placed thereon a suitable stone, concrete or iron cover.

(d) All unused or abandoned wells, cisterns, cesspools, ditches, trenches or excavations shall be filled with sand, gravel or other suitable solid material to ground level, covered and made inaccessible.

(e) The owner, occupant or lessee of the land upon which the well, cistern, cesspool, ditch, trench or excavation is situated shall be liable to the penalties and entitled to right of notice and hearing as provided in sections 6-20 through 6-23

(Rev. Ords. 1989, § 6-2)