The purpose of this article is to establish
requirements for the proper disposal of pet solid waste in the Borough
of Essex Fells, so as to protect public health, safety and welfare,
and to prescribe penalties for failure to comply.
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this article 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.
IMMEDIATE
That the pet solid waste is removed at once, without delay.
OWNER/KEEPER
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.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
PET
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
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.
[Amended 4-15-2014 by Ord. No. 2014-949
All pet owners and keepers are required to immediately
and properly dispose of their pet's solid waste deposited on any property,
public or private, not owned or possessed by that person. The penalty
for a violation of this section shall be $50.
Any owner or keeper who requires the use of
a disability assistance animal shall be exempt from the provisions
of this article while such animal is being used for that purpose.
The provisions of this article shall be enforced
by the Police Department of Essex Fells.
Any person, firm or corporation who violates any of the provisions of this article shall, upon conviction, be punished as provided in Chapter
1, Article
III, General Penalty, and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.