No person owning, harboring, keeping or in charge of any dog, cat
or other domesticated animal shall cause, suffer or allow such animal
to soil, defile, urinate, defecate on or commit any nuisance on any
common thoroughfare, common area of a condominium association, sidewalk,
passageway, bypath, play area, park or any place where people congregate
or walk, or on any public property whatsoever, or on any private property
without the permission of the owner of said property. The restriction
in this section shall not apply to that portion of street lying between
the curblines, which shall be used to curb such animal under the following
conditions:
The person who so curbs such animal shall immediately remove and
dispose in a sanitary manner all feces deposited by such animal. A
person will be considered to have disposed of feces in a sanitary
manner if such person places such material in a bag or wrapper made
of paper, plastic or some similar material and places it in a refuse
container which is regularly emptied by the Borough of Lodi; by flushing
the same down a sanitary sewer system; by use of a chemical container
causing disintegration, or otherwise disposes of such material on
his or her own property. In the event that a chemical container is
used, ultimate disposal must be made in accordance with applicable
state regulations concerning solid waste disposal. No person shall
dispose of such feces in a refuse container not owned by him or her
or that such person is not authorized to use.
The feces removed from the aforementioned designated area shall be
disposed of in a sanitary manner by the person owning, harboring,
keeping or in charge of any animal curbed. Where a minor is the person
owning, harboring, keeping or in charge of any such animal, said minor's
parent or guardian may also be held liable for any violation of this
section.
No person who owns, possesses or controls such animal shall appear
with such animal on any sidewalk, street, park or other applicable
area without the means of removal of any feces left by such animal.
All domestic animals must be confined to the residential property
of the owner, keeper or harborer of said animal, provided animals
may be taken off the residential property of the owner, keeper or
harborer when:
On a leash no longer than 10 feet in length and under the control
of a responsible person. Whether a person is "responsible" shall be
determined by giving due consideration to the size and temperament
of the animal; or
The animal is confined in a cage or within the enclosed interior
of a motor vehicle, provided that it is a violation of this section
for a animal to be transported in the open bed of a truck unless restrained
in a cage or on a leash that will prevent the animal from jumping
or falling off the vehicle.
For the purposes of this section "confined to the residential property
of the owner, keeper or harborer" shall mean, but not be limited to
mean, confined either inside the residential structure of the owner,
keeper or harborer or, if outside the residential structure of the
owner, keeper or harborer, the animal shall be physically restrained
on a chain or leash or within a suitable fence, or other proper method
of physical restraint from which it cannot escape.
A violation of this article is an offense punishable by a fine not
exceeding $2,000, imprisonment for a period not exceeding 90 days
and/or a period of community service not exceeding 90 days.[1]
The provisions of this article shall be enforced by the Police Department,
the Superintendent of Public Works or his designee, the Borough Manager
or his designee, the Health Officer or the Property Maintenance Officer.
Any property owner or lawful tenant who personally witnesses a person
violating the provisions of this article on his or her own property
may also bring a complaint against such violator.