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(A) Where any quarry or other excavation is located adjacent to a highway, school, church, park, playground or dwellings, a protective fence at least six feet in height shall be placed around such portions of the rim of the quarry or excavation as constitute a hazard to the life or safety of persons.
(B) Warning signs shall likewise be posted.
(C) The fence shall be so constructed as not to have openings, holes or gaps larger than two inches in any dimension except for doors and gates, and if a picket fence is erected or maintained the horizontal dimension shall not exceed four inches. A dwelling house or accessory building may be used as part of such enclosure. All gates and doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use except that the door of any dwelling or accessory building which forms a part of the enclosure need not be so equipped.
(D) It shall be the duty of the Chief of Police to fix and determine the locations where the fences and signs shall be erected and to give written notice to the owner and to the tenant or occupant of any property when he or she deems it necessary that a fence and signs be erected for the protection of the public, and it shall be the duty of such owner, or the tenant or occupant thereof, to comply promptly with the notice in accordance with the terms thereof.
(E) Any person aggrieved by the action of the Chief of Police in respect to his or her determination of the necessity for the erection of a fence and warning signs shall have the right of appeal to the Common Council. The Council will hear the matter at its next regular public meeting, if the appeal is filed with the Clerk-Treasurer at least ten days before such meeting, and will promptly hand down its decision thereon.
(`94 Code, § 151.01) Penalty, see § 151.99