§ 74-170. Wells, cisterns, pits, holes.

(a)

The maintaining upon the premises by the owner or any person occupying such premises of wells, cisterns, pits and other holes in the earth where such are not securely covered or enclosed shall constitute a nuisance, and it shall be the duty of all persons owning or occupying those premises within the city to keep those wells, cisterns, pits and other holes in the earth on such premises securely covered or enclosed, so as to prevent injury therefrom to the person or property of others. Any person suffering or allowing those openings to be or remain open, unenclosed or otherwise so exposed as to be dangerous to the person or property of others, after being notified by an officer of the city to remedy that condition, shall be guilty of an offense and shall be punished as provided in section 1-8.

(b)

Old and unused wells shall be filled by the owners or agents in charge of the property upon which the wells are located. It shall be the duty of the director, bureau of sanitary services to see that this is done as follows: Written notice shall be served personally upon the owner or agent to fill any such well, and upon the failure of any person notified to do so, the person shall be summoned before the judge of the municipal court and upon conviction for such failure shall be punished as provided for in section 1-8.

(Code 1977, § 17-9012)