[HISTORY: Adopted by the Board of Health of the Borough of Wanaque 5-20-1998 by Ord. No. 2-0-98. Amendments noted where applicable.]
[Amended 11-8-2021 by Ord. No. 12-0-2021]
No person owning, harboring, keeping, or in charge of any dog shall allow, or permit, such dog to go upon the lawn, yard, entranceway, or driveway of any private residence without the permission of the owner thereof, or upon any public streets, or in any public places, or semipublic areas of multiple dwelling complexes within the Borough, or in any public parks, play areas, or school premises, except the municipal dog park, unless such is accompanied by a person and is securely confined and controlled by an adequate, physical leash. This shall exclude electronic leashes, electronic shock collars, or any other electrical, radio wave, or anything not physically attached from the dog to the owner or person in charge thereof.
No person owning, keeping, harboring or having custody of any dog shall suffer, allow or permit the dog to run at large within the Borough of Wanaque. This shall not apply, however, to hunting dogs while they are in the woods and fields with permission of the owner of said property and are under the dominion and control of the owner or owner's representative.
[Amended 3-14-2005 by Ord. No. 6-0-05]
A. 
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 chapter 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. This definition is not restricted to dogs under this chapter.
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.
B. 
Requirement for disposal. 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.
C. 
Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
D. 
Enforcement. The provisions of this section shall be enforced by the Police Department and/or Health Department of the Borough of Wanaque.
E. 
Violations and penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,000.
No person owning, harboring, keeping or in charge of any dog shall suffer, allow or permit it to do any injury to any person or to do any damage to any lawn, shrubbery, flowers, grounds or property of another person or to any public property.
No person shall keep, harbor or maintain any dog which habitually barks, howls or cries to such an extent that it creates a nuisance. The habitual barking, howling or crying of a dog or dogs in the Borough of Wanaque is hereby declared to be a disturbing noise within the meaning of N.J.S.A. 40:48-1 and Wanaque Borough Code § 82-2.
The provisions of this chapter shall be enforceable by the Borough of Wanaque Police Department, the Borough Health Officer or his designee and the Borough Animal Control Officer.
Any person who violates or fails or refuses to comply with the terms and provisions of this chapter shall, upon conviction, be liable to a fine of not more than $500, imprisonment for a term not exceeding 90 days and/or community service not exceeding 60 days.