§ 5.34.020. Required fencing.

It is hereby declared to be unlawful for any person to operate or maintain within the city any borrow bit, sand pit or gravel pit unless the following conditions of operation, maintenance and public protection are established and maintained by the owner of such premises:

(1)

A good and sufficient fence shall be constructed so as to completely enclose said borrow pit, sand pit or gravel pit.

(2)

In no case shall the construction of the fence be within fifteen feet of the actual excavation at all points of said excavation and such fence may provide for reasonable access gates installed at the height of the fence, which gates shall be locked except during working hours when the pit is being used for the removal of sand, gravel or filling material or other business activity. Such fence shall be maintained in good repair.

(3)

Such fences shall be a minimum height of fifty-eight inches and shall be of the following types construction:

(a)

A forty-eight inch or higher chain-link fence with three or more strands of barbed wire; or

(b)

A forty-eight inch or higher solid metal or solid masonry fence with three or more strands of barbed wire; or

(c)

A forty-eight inch or higher wood fence which may have cracks or openings not in excess of five percent of the area of such fence, with three or more strands of barbed wire.

(4)

Provided, however, that fences existing at the time of the taking effect of the ordinance codified in this section shall be inspected by the superintendent of central inspection and approved or disapproved by him, or he shall make requirements to have substantial compliance with the above section (3), (a), (b), and (c). In such cases the owners shall have the right to appeal the decision of the superintendent of central inspection, and approval of existing facilities by either the superintendent of central inspection or a majority of the city commissioners shall be deemed compliance with this chapter; provided further, no existing fence shall be approved unless it has three or more strands of barbed wire.

(5)

Any fence authorized under the above section (4) herein which has a portion equal to three hundred feet added on or replaced, or in such condition to warrant replacing, must be replaced with fencing as authorized in section (3), (a), (b), and (c) herein.

(6)

Whenever the term "barbed wire" is used herein, it shall mean any twisted wire with barbs spaced a minimum of four inches apart and placed at the top of the fence at an angle not to exceed one hundred sixty degrees facing away from the excavation.

(7)

A particularly unique type of fencing, either architecturally or aesthetically designed, may be approved by the central inspection department and the city commission but only in those areas where no particular hazard to children is present because of the type of facility.

(Ord. No. 28-743 § 1; prior Ord. No. 27-273 § 2)