[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.
No blind person in charge of a guide dog shall
be subject to the provisions of this chapter.
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.