The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1921-07-13
spEcIALNorIeEs
ORDNANCE NO. 50.
Passed by the Board Of Directors
July II, 1921.

AN ORDINANCE, To protect
lives and property by requiring and
providing for the sealing of open.
ings of coal mines aud coal pits
and ali exposed seams OF coal.
BE IT ORDAINED BY THE
BOARD OF DIRECTORS OF THE
CITY OF FAIRMoNTi
Section 1. It shall be the duty
OF the person, firm or. corporation
on whose land there is or may be
any opening Of a coal mine or coal
pit or any exposure OF a coal seam
to promptly seal or cause to BIS
sealed and kept sealed such open.
ing or exposure, in the manner in
this ordinance provided; except,
however, there shall be no such
duty in the case OF a working mine
or pit where proper precautions are
observed to prevent the coAsunp-
tlon Of the body Of the coal by IN,
friendly fires in the mine or pit.
Such working mines or pits shall
be securely and properly gated and
locked at all times In the manner
and subject to the regulations pre-.
scribed, from time to time, by tho
Board Of Directors OF this city. A
failure to comply with such regula.
tons shall subject the offender to
a penalty OF not more than Five
Hundred Dollars.
Section 2. Such sealing of any
such coal mine or coal pit opening
shall be done in such manner as
to prevent fire from being started
or spreading therein, and proper
provision shall be made for ven.
tilatlon, where the same Is neces.
sary, and also for drainage, II the
conditions require It. And the
whole work shall be done In a
workmanlike manner.
Section 8. Such sealing OF any
such coal mine or coal pit shall bN
done under the supervision and to
the satisfaction Of, the Director Of
Public Highways OF said city, who
shall consult with a practical min.
Ing engineer for ascertaining the
best and most economical means OF
doing the work.
Section 4. Any person, firm or
nornnrntinn FsIitn1 "a ,n,I .,oh nSot
mine opening or coal pit or to keep
the same sealed as in this ordinance
provided, shall be deemed guilty OF
an oftense and upon conviction
thereof shall be tined not less than
five dollars nor more than one hun.
dred dollars and shall be required
to immediately seal such opening
as herein specified, and every day,
after a conviction hereunder shall
have been had, that such, opening
remains unsealed shall be and con-
stitute a distinct and separate Of
Tense and may be proceeded against
as IN the first instance and the OF.
fender shall be subject to a fine or
fines, as aforesaid, or the offender
may be proceeded against as for
contempt. And in the case Of a
corporation being the offender the
officers or any Of the officers there
of, may be adjudged guilty OF q
contempt in failing to have obeyed
the order Of the Mayor or trial
court requiring such sealing.
Section S. The Director of Pub
lie Highways may give ten days
notice In writing to the person,
firm or corporation owning or occu.
plying the real estate on which there
is any such coal mine opening or
pit requiring the same to be sealed
as In this ordinance provided. Att,
or the expiration OF such notice,
said Director OF Public Highways
may enter such premises In. Per.
son or by agent to ascertain wheth.
q. such notice has been complied
with, and X the notice shall not
have besn complied with, said Di.
rector Of Public Highways may
a.