Lomita Municipal Code Ch. 7 Excavations

Footnotes:

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Editor's note— Ord. No. 155, §§ 1—6, adopted Aug. 20, 1973, being nonamendatory of this Code, were included herein as Ch. 7, §§ 3-7.01—3-7.06, of Title III at the discretion of the editors

Every person who digs, excavates or constructs any opening, ditch, trench or other excavation in any public street, way or place in the City of Lomita, shall comply with the safety orders issued by the California State Division of Industrial Safety, which are hereby found, determined and ordained to be necessary for the protection of pedestrians and other persons, particularly children, using or properly in or upon such public streets, ways or places, or in the immediate vicinity thereof.

(Ord. No. 155, § 1, 8-20-73)

Every person who digs, excavates or constructs, or causes to be dug, excavated or constructed, any opening, ditch, trench or other excavation in any public street, way or place in the City of Lomita, which exceeds a depth of six (6) feet, hereinafter called the "excavation," shall protect such opening, ditch, trench or other excavation by a fence, cover or patrol as hereinafter provided.

(Ord. No. 155, § 2, 8-20-73)

Such fence shall consist of boards or planks not less than one (1) inch in nominal thickness, fitted closely together, or chain link with openings not to exceed two (2) inches in diameter, or equivalent, shall be not less than five (5) feet in height and shall be securely mounted on wooden posts not less than four (4) inches by four (4) inches in size, or on steel pipe not less than one and one-half (1½) inches in diameter, securely embedded in the ground or surface of such public street, way or place, or securely mounted on shoring constructed in said opening, ditch, trench or other excavation, in such manner as to exclude entry of a person into said opening, ditch, trench or other excavation, under or through such fence. Any cover shall be sufficient to exclude entry of persons into said opening, ditch, trench or excavation to the satisfaction of the street superintendent. Such patrol shall consist of not less than one (1) uniformed patrolman or watchman on foot for each length of continuous excavation, not to exceed eight hundred (800) feet in length, provided, that if visibility is reduced by obstruction or otherwise, additional patrolmen or watchmen shall be required in order that the entire length of such excavation is under visual observation. If such opening, ditch, trench or other excavation shall be in separated segments, parts or units otherwise divided, each such segment, part or unit shall constitute a separate opening, ditch, trench or other excavation for the purpose of this section.

(Ord. No. 155, § 3, 8-20-73)

Such protection shall be provided at all times while work is not actually in progress in such opening, ditch, trench or other excavation, or workmen are not on the excavation site for the furtherance of such work, except that if a patrolman or watchman shall be provided pursuant to section 3-7.03 hereof, such patrolman or watchman need not be on duty between 10:00 p.m. and 7:00 a.m.

(Ord. No. 155, § 4, 8-20-73)

In addition to, and not as an alternate to, the penalties prescribed in section 3-7.06 hereof, upon the determination of the street superintendent that the protection of an excavation is not in accordance with the provisions of this chapter, whether through the failure of the excavator or through the acts of third persons other than the City of Lomita, the street superintendent shall immediately hire or employ the services of an adequate emergency patrol, as set forth in sections 3-7.03 and 3-7.04, for the area having said inadequate protection, at the sole expense of the excavator. The superintendent of streets shall thereafter take all reasonable steps to notify the excavator of the violation. When the excavator thereafter provides protection for the excavation in accordance with this chapter, the superintendent of streets shall withdraw the emergency patrol and demand the cost of said patrol from the excavator, which the excavator shall pay forthwith to the City of Lomita.

(Ord. No. 155, § 5, 8-20-73)

Every person who excavates, digs or otherwise creates any such opening, ditch, trench or other excavation, or who causes the same to be excavated, dug or otherwise created, or who is in charge of such excavation, digging or other creation thereof, and who fails to comply with any applicable provisions of this chapter, or who violates any term of provision thereof, is guilty of a misdemeanor, and is guilty of a separate offense for each and every day during any part of which any such violation occurs.

(Ord. No. 155, § 6, 8-20-73)