This article is to establish requirements for
the proper disposal of pet solid waste in the Borough of Oceanport
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 meaning
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 any custody of any pets, 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.
PLAYGROUND
The area within a public park or school ground that is cordoned
off or open, on which play equipment such as swings, a jungle gym
or other children's recreational activity equipment are located.
PROPER DISPOSAL
Placement in a designated waste receptacle, or other suitable
container, and discarding in a refuse container which is regularly
emptied by some municipality or some other refuse collector; or disposal
into a system designated to convey domestic sewerage for proper treatment
and disposal.
All pet owners and keepers are required to immediately
and properly dispose of their pets' solid waste deposited on any property,
public or private, not owned or possessed by that person.
No person owning or having the care, custody
or control of any dog shall permit such dog to soil or defile or commit
any nuisance on any sidewalks, street or thoroughfare, in or upon
the property of persons other than the owner or person having the
care, custody or control of such pet. The upsetting of a garbage can,
chasing of vehicles, damaging lawns, shrubbery, flowers, grounds,
trees or any property of persons and the attacking of, snapping at
or biting of a person or other animal by a pet shall be deemed to
be a nuisance. Such persons owning or having the care, custody or
control of a pet, which pet has caused its pet solid waste to be deposited
upon Borough property or upon the property of another, shall immediately
remove such pet solid waste or cause it to be removed or shall dispose
of it in a proper disposal manner. No person shall walk or otherwise
have in his or her custody or control any pet upon any public property,
including streets, sidewalks, public parks, waterfront areas and alleys,
unless the person has in his or her possession, and in plain view,
readily usable materials or implements sufficient to remove and to
dispose lawfully of any pet solid waste that may be deposited on the
ground by the pet.
Information on this article and the benefits
of proper disposal of pet solid waste shall be distributed with the
pet licenses.
Any owner or keeper who requires the use of
a disability assistant 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 Oceanport Police Department, the Board of Health of the Borough
of Oceanport and the Code Enforcement Officer.
Any person who is found to be in violation of the provisions of this article shall be subject to a penalty as set forth in Chapter
1, §
1-15, General penalty.