[Ord. 10-24-05D § 1]
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in the Borough of Fair Haven,
so as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
[Ord. No. 10-24-05D § 2]
As used in this section:
Shall mean that the pet solid waste is removed at once, without
delay.
Shall mean 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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
Shall mean waste matter expelled from the bowels of the pet;
excrement.
Shall mean 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.
[Ord. No. 10-24-05D § 3]
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.
[Ord. No. 10-24-05D § 4]
Any person or keeper who requires the use of a disability assistance
animal shall be exempted from the provisions of this section while
such animal is being used for that purpose.
[Ord. No. 10-24-05D § 5]
The provisions of this section shall be enforced by the Borough
of Fair Haven.
[Ord. No. 10-24-05D § 6]
Any person who violates any provision of this section shall
be subject to a fine of $100.
[Ord. No. 10-24-05A § 1]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of Fair Haven, so as to protect public health, safety
and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 10-24-05A § 2]
As used in this section:
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 10-24-05A § 3]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Fair Haven, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
[Ord. No. 10-24-05A § 4]
[Ord. No. 10-24-05A § 5;
New]
[2002 Code § 6.16.010]
No person or persons shall feed, cause to be fed or provide
food for all migratory waterfowl in the Borough, on lands either publicly
or privately owned.
[2002 Code § 6.16.020]
This section shall not be construed to prohibit humane acts
toward migratory waterfowl in individual cases, such as the temporary
nurturing of a wounded bird on one's own premises, and authorized
wildlife management activities.
[2002 Code § 6.16.030]
No person shall abandon, leave or discard any migratory waterfowl
upon any public or private property within the Borough.
[2002 Code § 6.16.040]
The Police Department, Code Enforcement Officer and the Board
of Health are authorized and directed to enforce the provisions of
this section.
[2002 Code § 6.16.050]
[Amended in entirety 7-10-2023 by Ord. No. 2023-08. Prior history includes Ord. No. 2008-19.]
[Added 7-10-2023 by Ord.
No. 2023-08]
This section is adopted in order to protect the health, safety
and/or welfare of persons and property by prohibiting non-domestic
animals and farm animals within the Borough of Fair Haven. The Borough
of Fair Haven finds and determines that the harboring of non-domestic
animals and farm animals within the Borough may present a health,
safety and/or welfare risk to persons and property.
[Added 7-10-2023 by Ord.
No. 2023-08]
As used in this section, the following terms shall have the
meanings indicated:
Any mammal, reptile, amphibian, fish, bird (including all
fowl and poultry) or other member commonly accepted as a part of the
animal kingdom. Animals shall be classified as follows:
DOMESTIC ANIMALSThose animals commonly accepted as domesticated household pets. Unless otherwise defined, such animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, nonpoisonous, non-venomous, and non-constricting reptiles or amphibians, and other similar animals.
NON-DOMESTIC ANIMALSThose animals commonly considered to be naturally wild or exotic and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety, and welfare of people. Unless otherwise defined, such animals shall include:
Any member of a large cat family (family felidae) including
lions, tigers, cougars, bobcats, leopards, and jaguars, but excluding
commonly accepted domesticated house cats.
Any natural wild member of the canine family (family canidae)
including wolves, foxes, coyotes, dingoes, and jackals, but excluding
commonly accepted domesticated dogs.
Any crossbreeds such as a crossbreed between a wolf and a dog,
unless the crossbreed is commonly accepted as a crossbred domesticated
animal.
Any member or relative of a rodent family including skunk (whether
or not de-scented), raccoon, fox, squirrel, or ferret, but excluding
those members otherwise defined or commonly accepted as domesticated
pets.
Any poisonous, venomous, constricting, or inherently dangerous
member the reptile or amphibian families including rattlesnakes, boa
constrictors, pit vipers, crocodiles and alligators.
Any other animal which is not explicitly listed above but which
can be reasonably defined by the terms of this subsection, including,
but not limited to bears, deer, monkeys, and game fish.
FARM ANIMALSThose animals commonly associated with a farm or performing work in an agricultural setting, including members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including Vietnamese potbellied pigs), goats, and other animals associated with a farm, ranch, or stable. Farm animals shall not include honey bees or any other apiary activities regulated by State law.
Any person or persons, firm, association or corporation owning,
keeping, harboring or possessing an animal.
[Added 7-10-2023 by Ord.
No. 2023-08]
It shall be unlawful for any person to keep, maintain, have
in his or her possession or under his or her control or to permit
another to keep, maintain or have under his or her control within
the Borough limits of the Borough of Fair Haven any non-domestic animal
or farm animal as defined in this section. The foregoing enumeration
is not intended to be all-inclusive. The determination of whether
or not an animal is deemed to be a non-domestic animal, a farm animal,
or otherwise presents a risk to the health, safety, and/or welfare
of persons or property shall be made by either the Borough's
Animal Control Officer or a Police Officer of the Fair Haven Police
Department or the Mayor and Borough Council.
[Added 7-10-2023 by Ord.
No. 2023-08]
This section shall be enforced by the Borough's Animal
Control Officer and/or Police Department.
[Added 7-10-2023 by Ord.
No. 2023-08]
As of July 15, 2023, within 60 days of the expiration of any
previously issued and unexpired permit or waiver for the keeping,
harboring, controlling, or possession of non-domestic or farms animals,
the permit holder shall remove all non-domestic and farm animal(s)
from within the Borough and no further keeping, harboring, controlling,
or possession of non-domestic or farm animals shall be permitted.
[Added 7-10-2023 by Ord.
No. 2023-08]
A person guilty of violating the provisions of this section
shall be subject to a fine in an amount not to exceed $250 for the
first offense and no more than $500 for all subsequent offenses.
