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 said premises open and without protection for the public.
(A) Excavation open 72 hours or less. If such 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.
(B) Permanent excavation. If it shall be permanently installed, it shall be protected with a chain link fence at least 48 inches high, night and day.
(2006 Code, § 10.70) Penalty, see § 130.99