Rolling Hills Municipal Code Ch. 8.20 Excavations and Boxes

Footnotes:

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For statutory provisions on abandoned excavations, see Health and Saf. Code § 24400 et seq.; for provisions on discarded refrigerators and the like, see Penal Code § 402b; for provisions on abatement, see Gov. Code § 50230 et seq.

Every person making, maintaining or using and every person owning or in control of the premises on which there exists a sand and gravel pit, clay pit or similar excavation exceeding three feet in depth shall erect and continuously maintain around such excavation at all places where the slope exceeds one foot vertical to one and one-half foot horizontal, if not under water, or one foot vertical to four feet horizontal, if under water, a fence complying with the requirements of this chapter.

(Ord. 100 § 1.01, 1971).

The fence shall be constructed of chain links or other industrial-type fencing of not less than eleven gauge wire and of not greater than two-inch nominal mesh. Posts supporting the fence shall be set thirty-six inches in a concrete base and shall be spaced approximately ten feet apart. Tension wires of at least No. 9 gauge coil spring wire or equivalent shall be stretched at the top and bottom of the fence fabric and shall be fastened to the fabric at twenty-four inch intervals. There shall be no aperture below the fence large enough to permit any child to crawl under the fence.

(Ord. 100 § 1.03, 1971).

Gates shall be of a structure substantially the same as the required fence and shall be kept locked when not attended by an adult.

(Ord. 100 § 1.04, 1971).

If the City Engineer finds that any other type of construction has resulted in or will result in a fence or wall in all respects the equivalent in protection, strength and durability to a fence constructed as provided in Section 8.20.020, such alternate type of construction may be used.

(Ord. 100 § 1.05, 1971).

Sections 8.20.010 through 8.20.040 do not apply to a temporary excavation for the installation of a public utility, if not abandoned.

(Ord. 100 § 1.02, 1971).

Every person who digs, drills, excavates, constructs, owns or controls and every person owning or having possession of any premises on which exists any water well, test hole, cesspool, cistern, septic tank, seepage pit or similar excavation shall cap, close or otherwise protect the opening to such hole, cesspool, cistern, septic tank, seepage pit or similar excavation in such a manner that such capping, closing or other protection cannot be removed by accident or inadvertence, or such persons shall fill such well, cesspool or pit.

(Ord. 100 § 2.01, 1971).

Whenever any person fails or refuses to perform any act required by Sections 8.20.060 through 8.20.080, the City may itself cap, cover or fill such well, or the City may follow the procedure provided for in Sections 8.20.120 through 8.20.150.

(Ord. 100 § 2.02, 1971).

Sections 8.20.060 and 8.20.070 do not apply to:

A. Wells, cesspools, cisterns, septic tanks or seepage pits under construction when constantly and immediately attended by workmen or other adult persons;

B. Wells, pits or shafts less than three feet in depth or with an opening not exceeding six inches in diameter; or

C. Abandoned excavations covered by Section 24400 of the Health and Safety Code.

(Ord. 100 § 2.03, 1971).

Any person who discards or abandons or leaves in any place accessible to children any chest or box having a capacity of one and one-half cubic feet or more, which is no longer in use, which chest or box has an attached lid or door which may be opened or fastened shut by means of an attached latch, which has not had such door removed or the hinges and such portion of the lock mechanism removed to prevent latching or locking of the door, is guilty of a misdemeanor.

(Ord. 100 § 3.01, 1971).

If the Sheriff finds any chest or box in violation of the provisions of Sections 8.20.090 through 8.20.110, he may remove the latch so that such chest or box cannot be fastened shut, or he may remove such chest or box to a place not accessible to children. Neither of such actions bars a prosecution for violation of Sections 8.20.090 through 8.20.110.

(Ord. 100 § 3.03, 1971).

Sections 8.20.090 and 8.20.100 do not apply to any refrigerator, icebox, or deep-freeze locker in current use. Sections 8.20.090 and 8.20.100 do not prohibit or cover any act prohibited by Section 402(b) of the Penal Code or by any other State statute.

(Ord. 100 § 3.02, 1971).

Whenever any person fails or refuses to perform any act required by Sections 8.20.010 through 8.20.110, the City Council may proceed as provided in Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, Section 50230.

(Ord. 100 § 4.01, 1971).

Whenever Section 50230 of the Government Code or any other provision in that same chapter refers to "abandoned excavation," in the case of excavations covered by this chapter but not abandoned swimming pools and water hazards, the appropriate word or words "excavation," "swimming pool," "water hazard" or other appropriate word or words shall be substituted.

(Ord. 100 § 4.02, 1971).

Except in the case of an abandoned excavation as defined by Section 50230 of the Government Code, the City Council may appoint a referee to hold any hearing required by this chapter.

(Ord. 100 § 4.03, 1971).

Where a referee has held a hearing pursuant to this chapter, the City Council may act upon the findings and recommendations of the referee.

(Ord. 100 § 4.04, 1971).