The purpose of this article shall be to promote the health, safety, cleanliness and general welfare of the Town of Kingsbury, including the protection, cleanliness and preservation of the property of the Town of Kingsbury and its inhabitants by adopting and enforcing certain regulations and restrictions on the activities of dogs.
Except as provided and regulated by § 75-26 hereof, no person owning, harboring, keeping, walking or having custody or control of a dog shall cause, permit, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any other public property. These restrictions shall likewise apply to any private property unless such person shall have the express written permission of the owner of said property.
The prohibition set forth in § 75-25 above shall not apply to those portions of a street lying between curblines, which areas may be utilized to curb a dog; subject, however, to the following conditions:
Any person who so curbs a dog shall immediately remove all feces deposited by such dog in the following manner: feces shall be picked up with scoop, shovel, broom, tong or other similar implement and be deposited immediately thereafter in a container, plastic or otherwise, and then subsequently deposited in a container used for the disposal of refuse.
In no event shall any feces be deposited in sewers or drains, whether storm or sanitary.
Any person violating this article shall be guilty of a violation and shall be subject to a fine not less than $50 and not more than $200 for the first offense. Where a person has been found to have violated this article within the preceding five years, the fine may not be less than $200 and not more than $500, and where the person has been found to have committed two or more violations of this article within the preceding five years, the offense shall be punishable by a fine of not less than $250 and no more than $1,000 or imprisonment for not more than 15 days, or both.