Every person who digs, drills, excavates, constructs, owns or controls any abandoned or unused well, including but not limited to water wells or oil wells, and every person owning, or having possession of any premises on which any such abandoned or unused well exists, shall cap or otherwise close the mouth of or entrance to such well in such a manner as to prevent persons from falling therein, and in such a manner that such capping or covering cannot be removed by accident or inadvertence or such persons shall fill such a well.
(Prior code § 4131).