The Council of the Borough of Sharpsburg has recognized the
problem with animal defecation on private and public property and
determined there is a need to regulate and control animal defecation
in order to maintain the safety and welfare of the residents of the
Borough of Sharpsburg.
As used in this Part 2, the following terms shall have the meanings
indicated:
ANIMAL
Any living organism, except a plant, bacterium or a human
being, which can move about under its own power, which is ordinarily
kept as a household or domesticated pet.
No person having possession, custody or control of any animal
shall knowingly or negligently permit such animal to commit a nuisance
such as defecation upon any gutter, street, driveway, alley, curb
or sidewalk or upon the floors or stairways of any building or areas
used in common by the tenants or upon the grounds of any public park
or public area or upon any private property other than the property
of the owner of such animal without such owner's consent.
Any person having possession, custody or control of any animal which commits a nuisance, such as defecation in any area other than the private property of the owner of such animal, as prohibited in §
2-203 shall be required to immediately remove any feces from such surface and either:
1. Carry same away for disposal in a toilet.
2. Place same in a nonleaking container for deposit in a trash or litter
receptacle.
The provisions of §§
2-203 and
2-204 hereof shall not apply to a guide dog accompanying any blind person or a dog used to assist any other physically handicapped person.
[Amended 2-21-2013 by Ord. No. 13-05]
Any person, firm or corporation who shall violate any provision
of this part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this part continues or each section
of this part which shall be found to have been violated shall constitute
a separate offense.