[Adopted 3-21-2000 by Ord. No. 1125]
As used in this article, the following terms shall have the meanings indicated:
DOG LITTER
All fecal matter or excrement issuing from dogs.
PRIVATE PROPERTY
Any land, sidewalk, building, driveway, garbage receptacle, garden or roadway, either residential or commercial, which is owned by any individual, partnership, public utility, corporation, company or other business or commercial entity.
PUBLIC PROPERTY
Any land, building, sidewalk, driveway, parking lot, street, roadway or roadbed, park playground or other recreation area which is either owned or leased by the Borough of Emerson or any other such property owned or leased by the State of New Jersey, the County of Bergen, the Emerson Board of Education or any agency thereof, which property is located within the geographic boundaries of the Borough of Emerson.
STREET
That portion of a public roadway which is between the curbs, specifically excluded from this definition is any interpretation whereby the sidewalk, grass strip or other public easement adjoining a roadway shall be included as part of the term "street."
This article shall apply to all persons who own, possess or control a dog while such dog is physically in the Borough of Emerson, whether or not such dog is generally maintained or housed in the Borough of Emerson.
A. 
No dog owner shall permit, cause or encourage any dog to deposit dog litter on any public property other than streets.
B. 
No dog owner shall permit, cause or encourage any dog to deposit dog litter on any private property without the express consent of the owner of such private property.
C. 
No person shall remove dog litter from any place and thereafter cause it to be deposited on any public property or private property, to include private garbage receptacles, without the property owner's express consent.
D. 
No person shall place, deposit, throw or insert dog litter into any storm drain or storm sewer system in the Borough of Emerson.
E. 
No dog owner shall fail to collect and dispose of dog litter in accordance with this chapter.
A. 
It shall be the duty and obligation of every dog owner to collect any dog litter left by the owner's dog by retrieving same immediately following its deposit by the dog and thereafter disposing of such dog litter by placement in the sanitary sewer system or by placement in an appropriate disposal system manufactured for the purpose of dog litter disposal.
B. 
This article does not impose upon dog owners the obligation to retrieve dog litter by any special or recommended means, and this article shall not be construed as a recommendation for or endorsement of any particular retrieval product or type of product.
A. 
No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or do any damage to soil, defile or commit any nuisance upon any sidewalk of any public street, in any public building, any approach to such building from the street, in any public park, public playground or school playground or in any property of persons other than the owner, keeper or harborer of such dog; provided, however, that for the purpose of this section, the above-mentioned restrictions shall not apply to that portion of the street lying between the curblines, which shall be used to curb said dog, so long as all solid waste of the dog is removed for proper disposal. The aforementioned restrictions shall not apply to Seeing Eye dogs or dogs specifically trained for the assistance of handicapped persons.
B. 
For a first offense, the fine shall be up to $50; for a second offense, a fine of up to $100; for a third or subsequent offense, a fine of up to $250 and up to 20 days in jail.