[Adopted 4-4-1972 by Ord. No. 1488 (Ch.
115, Art. III, of the 1979 Code)]
For the purposes of this article, the following
definitions, shall apply:
Any dog, bitch or spayed bitch.
When applied to the proprietorship of a dog, shall include
every person having a right of property in such dog and every person
who has such dog in his keeping.
[Amended 8-20-2013 by Ord. No. 2665]
A.
Purpose. The purpose of this section is to establish requirements
for the proper disposal of pet solid waste in the City of Garfield,
so as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
B.
IMMEDIATE
OWNER/KEEPER
PERSON
PET
PET SOLID WASTE
PROPER DISPOSAL
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
That the pet solid waste is removed at once, without delay.
Any person who shall possess, maintain, house or harbor any
pet or otherwise have custody of any pet, whether or not the owner
of such pet.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Waste matter expelled from the bowels of the pet; feces or
excrement.
Placement in a designated waste receptacle, or other suitable
container, and discarded in a refuse container which is regularly
emptied by the municipality or some other refuse collector, or disposal
into a system designed to convey domestic sewage for proper treatment
and disposal.
C.
Requirements for disposal.
(1)
No persons owning, harboring, keeping or in charge of any pet shall
cause, suffer or allow such pet to soil, defile, defecate, or deposit
solid waste on, or commit any nuisance on, any common driveway, sidewalk,
passageway, bypass, play area or any place where people congregate
or walk, or upon any public property or upon any private property
without the permission of the owner of said property. In the event
of a violation occurring on private property, a complaint is only
fileable by the owner of the property.
(2)
The restriction in this section shall not apply to that portion of
the street lying between the curblines, which shall be used to curb
such pet under the following conditions:
(a)
The person who so curbs such pet shall have in plain view a
waterproof sealed disposable container at all times and shall immediately
remove all pet solid waste deposited by such pet, by placing same
in the waterproof sealed container.
(b)
The pet solid waste removed from the aforementioned designated
area shall be disposed of by the person owning, harboring, keeping,
or in charge of any pet curbed in accordance with the provisions of
this section, by placing the pet solid waste in a waterproof container,
properly sealed and placed in a garbage container, or disposing of
said pet solid waste as otherwise provided for herein.
[Amended 5-20-1980 by Ord. No. 1723; 4-25-2006 by Ord. No.
2457]
Any person who violates or who fails or refuses
to comply with this article or the rules and regulations promulgated
by the State or local Department of Health as same are applicable
to this article shall be punished by one or more of the following:
a fine not exceeding $2,000; imprisonment for a term not exceeding
90 days; and/or a period of community service not exceeding 90 days.
The provisions of this article shall be enforced
by the Police Department, the Street Superintendent and the Health
Department.
