It is unlawful for any person owning or in control of real estate to have any pit, basement, well, septic tank, cesspool or other excavation on the premises open and without protection for the public.
Subd. 1. If the excavation is open for 72 hours or less, it shall be protected by use of flares or lights at night and a railing or other temporary protection during the day.
Subd. 2. If it shall be permanently installed, it shall be protected with a chain link fence at least 48 inches high, night and day.
(`80 Code, § 10.15) Penalty, see § 1.99