[HISTORY: Adopted by the Board of Health of the Borough of Mount Arlington 11-9-1993. Amendments noted where applicable.]
[Amended 12-13-2004 by Ord. No. 24-04]
A. 
Definitions. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used 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 merely directory.
(1) 
IMMEDIATE — The pet solid waste is removed at once without delay.
(2) 
OWNER/KEEPER — 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.
(3) 
PERSON — Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
(4) 
PET — A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
(5) 
PET SOLID WASTE — Waste matter expelled from the bowels of the pet; excrement.
(6) 
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. 
Requirement for disposal. 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.
C. 
Exemption. Any pet owner or keeper who requires the use of a disability assistance animal shall be exempt from the requirements for disposal of pet solid waste while such animal is being used for that purpose.
The provisions of this chapter may be enforced by the Police Department, the Animal Control Officer or the Municipal Health Officer.
A. 
Any person who violates or fails or refuses to comply with the provisions of this chapter shall, upon conviction for a first offense, be subject to a fine of not more than $50. However, the Municipal Court may, in its discretion, suspend such fine for a first offense and in lieu thereof issue a warning to such person of the fines and penalties applicable to a second offense of this chapter.
B. 
Any person who violates or fails or refuses to comply with the provisions of this chapter shall, upon conviction for a second or subsequent offense, be subject to a fine of not more than $500 for each offense.
[Amended 5-9-1995 by BOH Ord. No. 95-1; 7-8-02 by Ord. No. 02-23; 7-11-06 by Ord. No. BH2006-01; 9-11-2007 by Ord. No. BH2007-03]