[Adopted 4-27-2005 by Ord. No. 9-05]
The Borough of Westville finds that the establishment of requirements for the proper disposal of pet solid waste is an important public concern to protect public health, safety and welfare of its residents.
A. 
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning:
IMMEDIATE
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 the 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.
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. 
When not inconsistent, with the context, words used in the present tense include the future, words 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 directory.
No person owning, harboring, keeping or in charge of a pet shall cause or allow such pet to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or upon any public property whatsoever, or upon private property without the permission of the owner of said property.
Any person owning or in charge of any pet which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner of said property shall immediately remove all pet solid waste deposited by any such pet by any sanitary method approved by the local health authority.
Sanitary methods for removing all pet solid waste approved by the local health authority are mechanical devices such as pooch scoops, small shovels, etc. All pet solid waste removed by the person owning, harboring, keeping or in charge of any such pet shall be disposed of in a sealed, nonabsorbent, leakproof container.
Any owner or keeper who requires the use of a disability assistance animal shall be exempt from any provisions of this article while such animal is being used for that purpose.
The provisions of this article shall be enforced by the Police Department, Code Enforcement Officer and/or the local Board of Health of the Borough of Westville.
Any person who violates the provisions of this article or the rules and regulations of the State Department of Health and Senior Services shall be subject to a fine as set forth in Chapter 1, Article I, § 1-15, General penalty.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).