[Adopted 3-21-2000 by Ord. No. 1125]
As used in this article, the following terms
shall have the meanings indicated:
All fecal matter or excrement issuing from dogs.
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.
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.
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.
