Rogue River courier. (Grants Pass, Or.) 19??-1918, 1916-04-14
onDIyaScE No. 75i


s-s---s~-----
AN ORDINANCE TO declare open
wells ana other open excavations
within the City OF Grants Pass q
nuisance, 10 provide for the safe
guarding and abatement thereof. and
TO make the expense OF such abate-
nient lien against the property on
which such nuisance IL maintained.
and ~ declare an emergency.
The City Of Grants Pass ordalns as
follows;
Sec. 1. Open wells and other open
excavations within the City OF Grants
Pass exceeding six feet In depth and
unprotected against the intrusion OF
persons and animals be and they are
hereby declared 20 be a public nuis-
ance and subject TO abatement as In
this ordinance provided.
See. Q. II shall be the duty OF the
owner or owners OF any premises or
property within the limits OF the City
OF Grants Pass on which exist or In
maintained any open well or other
open excavation OF a depth OF six
feet or more 10 forthwith securely
close and. otherwise protect said well
or excavation by enclosing the same
with a fence not less than w feet
In height, composed OF posts and
boards. and 10 securely cover the
mouth OF said well or excavation with
sound plank not less than two inches
In thickness. securely nailed and
anchored so that the same can not
be easily removed. and such protec-
tive structures shall be 80 built and
constructed as TO securely protect
the said wen or other excavation
againbt intrusion by animals or per-
sons.
See. 8 II the owner or owners OF
any premises or property within the
limits OF the City OF Grants Pass
whereon In maintained nuisance as
defined by section ! OF this ordinance
shall fall or neglect TO forthwith pro-
toct said well or excavation In the
manner provided by this ordinance,
such person shall be deemed guilty
of an offenae and shall be punishable
by flne not to exceed $4,000, or
imprisonment In the county jail not
exceeding nifty days. or by both such
fine and imprisonment.
See. 4, Whenever II shall be call
cd 90 the attention Of the City Mar
( ahal Of the City of Grants Pass that
any nuisance defined by this ordin-
ance exists within the City. II shall
be the duty of such marshal to serve
personal notice In writing upon the
owner or owners OF such property
whereon such nuisance is maintain
ed. by notice IN writing delivered per-
sonally and In person to such owner
or owners II found within the City
OF Grants Pass. and II not so found,
then by mailing such notice to such
owner or owners at their last known
post-oilice address and place OF resi-
donce, and II such owner or owners
shall not within three days after
serving said notice as aforesaid cause
the said well or excavation 10 be pro-
tected In tho manner by this ordin-
ance required. then and In that event
the City Marshal OF said city shall
forthwith cause the said well or ex-
cayation 10 be protected In the man
ner provided by section ? OF this or
dinance. and upon making return 70
the Auditor and Police Judge Of said
city OF the service OF said notice. TO-
gether with proof BY his affidavit oil
the default OF such owner or owners,
together with a sworn statement OF
his bill OF expense incurred In pro-
tectlng such well or excavation. the
expense so incurred by the City Mar
shal shall be charged against said
premises as lien thereon In favor
OF the City OF Grants Pass. and shall
by the Auditor and Police Judge be
! forthwith duly entered in the City
Lien Docket OF said city. and said
lien shall thereafter be enforced
against said premises In the manner
provided for the enforcement OF other
liens against property existing and
docketed In favor OF said city.
Sec. 8. Inasmuch IA numerous
wells and other open excavations ex-
listing within the limits OF the City
OF Grants Pass are menace to the
lives OF persons and animals. an
emergency Is hereby declared to exist
for the public peace, health and
safety. and this ordinance may be
passed to It's third reading and put
upon It's final passage at one meet
| Ing OF the common council OF said
city, and shall be In full force and
effect from and after Its approval by
the Mayor. and shall not be subject
to the provisions OF the referendum
Approved by the Mayor this 9th
day OF April, 1916.