Editor's Note: Prior ordinance history includes portions
of 1985 Code §§ 8-1.1 — 8-1.28 and Ordinance
Nos. 1997-18, 1998-12, 2006-#7, 2006-#8, 2007#17.
[Ord. No. 2009-#05 § 5-1]
As used in this chapter:
ANIMAL
Shall mean any dog or cat, for the purpose of this section.
ANIMAL CONTROL OFFICER
Shall mean any person appointed by the Borough who possesses
a certification of Animal Control Officer issued by the State of NJ,
Department of Health and who shall be responsible for animal control
within the Borough pursuant to N.J.S.A. 4:19-15.16a through N.J.S.A.
4:19-37.
ANIMAL OF LICENSING AGE
Shall mean any dog or cat which has attained the age of seven
months or which possesses a set of permanent teeth.
BITE
Shall mean to seize with the teeth or jaws so as to enter,
nip or grip the person or thing seized; also to cut, wound, pierce
or impress deeply the person or thing seized.
CAT
Shall mean any member of the domestic feline species.
KENNEL
Shall mean any establishment wherein or whereon the business
of boarding or selling dogs or breeding of dogs for sale is carried
on, except a pet shop.
NEUTERED
Shall mean to render permanently incapable of reproduction
as certified by a licensed veterinarian.
OWNER
Shall mean and include, when applied to the proprietorship
of an animal, every person having a right of property (or custody)
in such animal and every person who has such animal in his/her keeping
or who harbors or maintains an animal or knowingly permits an animal
to remain on or about any premises occupied by that person. A person
shall be deemed to have an animal in his keeping or under his control
whenever the ownership or custody of such animal is an unemancipated
infant or other member of his household.
OWNER'S PREMISES
Shall mean and include the building or plot of land on which
the building stands in which the owner of an animal has a place of
abode or place of business in the Borough.
PET SHOP
Shall mean any room or group of rooms, cage or exhibition
pen, not part of a kennel, wherein animals for sale are kept or displayed.
POUND
Shall mean an establishment for the confinement of animals
seized either under the provisions of this chapter or otherwise.
SHELTER
Shall mean an establishment wherein animals are received,
housed and distributed.
VICIOUS ANIMAL
Shall mean any animal which at any time, without provocation,
has attacked or shall attack a human being or another domestic pet,
either while upon or off the premises occupied by the person owning,
keeping, harboring or having the custody or possession of the attacking
animal. "Vicious animal" shall also mean and include any animal, which
has caused any human being engaged in a lawful activity or occupancy
to be fearful for his own safety by chasing or snapping at such person
without provocation.
[Ord. No. 2009-#05 § 5-2]
a. The
position of Animal Control Officer is hereby established under the
jurisdiction of the Department of Administration.
b. The
Animal Control Officer shall be an employee of the Borough and subject
to the control and direction of the Borough Manager or his authorized
representative.
c. The
duties of the Animal Control Officer shall be the enforcement of the
measures and provisions for the control of the animal contained in
N.J.S.A. 4:19-15.1 et seq., and any amendments thereof, and the provisions
of this chapter. The Animal Control Officer shall be available to
render assistance in any situation deemed necessary by the Governing
Body of the Borough concerning any animal-related matter.
d. The
position of Animal Cruelty Investigator is hereby established. To
be appointed to the position of Animal Cruelty Investigator, a person
must hold a certified animal control officer certification from the
State of NJ and shall have and maintain the New Jersey Animal Cruelty
Investigators Certification pursuant to N.J.S.A. 4:19-15.16A.
e. The
Animal Cruelty Investigator shall be appointed by the Mayor, subject
to confirmation by the Council, and shall serve a term of office of
three years, commencing January 1 of the year appointed and ending
on December 31 of the third year or until such time as a successor
shall be qualified and appointed.
f. The
duties of the Animal Cruelty Investigator shall include the following:
1. Assist the Animal Control Officer in the enforcement of all laws
and ordinances enacted for the protection of animals, including but
not limited to, animal control, animal welfare and animal cruelty
laws of the State of New Jersey and local ordinances.
2. Conduct investigations and initiate and prosecute complaints and/or
violations of animal control, animal welfare and animal cruelty laws
of the State of NJ and local ordinances.
3. Engage in the detection, apprehension and arrest of offenders who
have violated animal control, animal welfare and animal cruelty laws
of the State of New Jersey and local ordinances.
4. Working on consultation and cooperation with the Police Department,
the Animal Control Officer as well as the Borough Manager when applicable,
and when necessary cooperatively determining whether probable cause
exists for the application and issuance of a search or arrest warrant
and implementing same.
[Ord. No. 2009-#05 § 5-3.1]
a. No person shall keep or harbor or suffer the keeping or harboring
within the limits of the Borough any dog or cat of licensing age without
first obtaining a license to be issued by the Health Department of
the Borough upon application by the owner or some person on behalf
of the owner and payment of the prescribed fee. No person shall keep
or harbor any dog or cat in the Borough except in compliance with
the provisions for the control of animals contained in N.J.S.A. 4:19-15.1
et seq., and any amendments thereof and this chapter.
b. The Health Department shall keep a record of each dog or cat so licensed
showing the names of the owners, custodians or harborers of dogs or
cats; a description of each dog or cat so owned or harbored; date
of issuance of license; record of rabies expiration date; and amount
of licensing fee collected and remitted. The Health Department shall
provide a copy of the dog or cat license record to the Animal Control
Officers who shall retain the same for his/her record book.
[Ord. No. 2009-#05 § 5-3.2]
Any person who shall own, keep or harbor or suffer the keeping
or harboring of any dog or cat of licensing age within the Borough
shall in the month of January and annually thereafter, apply for and
procure from the Health Department a license and official registration
tag for each dog or cat so owned, kept or harbored and shall place
upon each dog or cat a collar or other device with the license number
securely fastened or displayed thereto.
[Ord. No. 2009-#05 § 5-3.3]
a. The person applying for a license and registration tag shall pay a fee for each dog or cat as provided for in Section
5-14.
b. The person applying for a license and registration tag shall pay
the fee fixed as authorized. The fee for renewal of license and registration
tag shall be same as for the original, and the license, registration
tag and renewal thereof shall expire on January 31 in the following
year. Only one license and registration tag shall be required in any
licensing year for any dog or cat owned in the Borough, and such license
and registration tag issued by any municipality in the State of New
Jersey shall be accepted as evidence of compliance of this section.
c. Any dog or cat owner or person harboring a dog or cat found to have an unlicensed dog or cat by the Animal Control Officer or any other municipal official on or after February 1 shall be required to pay an additional delinquent fee as established in Section
5-14, plus the required license fee as provided in this section for his license, together with any other fines due to summons issued that may be imposed on him or provided in this section for failure to obtain a license by March 31. The aforementioned fee shall not apply to dogs or cats which have been acquired by the owner after March 1, provided that the license is obtained within 10 days after acquisition and sufficient proof is presented to establish the date the dog or cat is acquired.
d. Dogs used as a guide for blind persons and commonly known as "seeing
eye dogs," dogs used to assist disabled persons and commonly known
as "service dogs" or dogs used to assist deaf persons and commonly
known as "hearing ear dogs" shall be licensed and registered as other
animals herein above provided for, except that the owner or keeper
of such dog shall not be required to pay any fee.
e. The owner or keeper of any newly acquired dog or cat of licensing
age shall make application for such license and registration tag for
such dog or cat within 10 days after such acquisition or age attainment.
f. Any owner or keeper of a licensed dog or cat whose current license tag has been lost may obtain a replacement tag by applying to the Health Department immediately. A charge as established in Section
5-14 is made for replacement of this tag.
g. No person shall make use of or have in his possession or under his
control a stolen, counterfeit or forged dog or cat license receipt,
license registration tag or rabies vaccination certification or other
forms issued in accordance with the provisions of this chapter.
h. Any person applying for a license for a neutered dog or cat must
present to the licensing agent a veterinarian's certification
that the dog or cat of reproductive age has had its reproductive capacity
permanently altered through sterilization.
[Ord. No. 2009-#05 § 5-4]
a. All
dogs and cats shall be vaccinated against rabies by a licensed veterinarian
in accordance with the latest Compendium of Animal Rabies Vaccines
and Recommendations for Immunization published by the National Association
of State Public Health Veterinarians, except as provided for in paragraph
d below.
b. Any
person applying for a dog or cat license and registration tag must
provide evidence to the Health Department that the dog or cat has
been inoculated with a rabies vaccine of type approved by and administered
in accordance with the recommendations of the United States Department
of Agriculture and the United States Department of Human Services
or has been certified exempt as provided for by paragraph d below.
The rabies inoculation shall be administered by a duly licensed veterinarian
or by such other veterinarian permitted by law to do the same. Such
vaccine shall be repeated at intervals as provided by regulations
of the New Jersey State Department of Health.
c. A
certificate of vaccination shall be issued to the owner of each dog
or cat vaccinated on a form recommended by the State of New Jersey.
d. Any
dog or cat may be exempt from the requirement of such vaccination
for a specified period of time by the Health Department upon presentation
of a veterinarian's certificate stating that because of an infirmity
or other physical condition or regime of therapy, the inoculation
of such an animal shall be deemed inadvisable.
[Ord. No. 2009-#05 § 5-5]
a. Any
person appointed for the purpose by the Borough shall take into custody
and impound or cause to be taken into custody and impounded and thereafter
shall adopt or otherwise dispose of any animal acquired as provided
in this section.
1. Any dog or cat off the premises of the owner or of the person keeping
or harboring the dog or cat which the official or his agent or agents
has reason to believe is a stray dog or cat.
2. Any dog or cat off the premises of the owner or of the person keeping
or harboring the dog or cat without a current registration tag on
his collar.
3. Any female dog in season off the premises of the owner or of the
person keeping or harboring the dog.
4. Any dog or other animal which is suspected of being rabid.
5. Any dog or other animal off the premises of the owner reported to
or observed by a certified Animal Control Officer to be ill, injured
or creating a threat to public health, safety or welfare or otherwise
interfering with the enjoyment of property.
b. If
any animal so seized wears a collar or harness having inscribed thereon
or attached thereto the name and address of any person or a registration
tag or the owner or the person keeping or harboring the animal is
known, any person authorized by the Borough shall forthwith serve
on the person whose address is given on the collar or on the owner
or person keeping or harboring the animal, if known, a notice, in
writing, stating that the animal has been seized and will be liable
to be euthanized or placed for adoption if not claimed within seven
days after the service of the notice.
c. A
notice under this section may be served either by delivering it to
the person on whom it is to be served or by leaving it at the person's
usual or last known place of abode or at the address given on the
collar or by forwarding it by postage in a prepaid letter addressed
to that person at his usual or last known place of abode or to the
address given on the collar.
d. When
an animal so seized has been detained for seven days after notice,
when notice can be given as above set forth, or has been detained
for seven days after seizure, when no notice has been given as above
set forth, or if the person keeping or harboring the animal has not
claimed the animal and paid all expenses incurred by reason of its
detention, including maintenance, and if the animal is unlicensed
at the time of the seizure and the owner or person keeping or harboring
the animal has not produced a license and registration tag for the
animal, any person authorized by the Borough may cause the animal
to be euthanized in a manner causing as little pain as possible and
consistent with the provisions of N.J.S.A. 4:22-19, and any amendments
thereof; or, if deemed adoptable, such animal shall be placed for
adoption. At no time shall an adoptable animal be euthanized, provided
that sufficient space exists at the animal shelter.
[Ord. No. 2009-#05 § 5-6.1]
a. As used in this subsection, the following terms shall have the meanings
indicated:
1. Hoofed Animal shall mean and include goats, horses, sheep, swine
or cattle, or other hoofed animals.
b. Hoofed animals shall be permitted in all Residential and Conservation
Zones and every person who owns, keeps, harbors, or maintains a hoofed
animal shall keep and maintain the property on which the animals are
kept and all buildings and facilities thereon in accordance with the
following regulations:
1. Animal Shelter. Where all hoofed animals are kept, harbored or maintained
there shall be provided a separate stable or building for the shelter
of the animal. The property shall also include a fully enclosed corral
or sty for the containment of the hoofed animal.
2. Minimum Distances from Property Lines. For the maintenance of all
hoofed animals there shall be provided a corral (exercise area), which
shall not be less than 50 feet from all property lines. No stable
shall be located closer than 50 feet to any property line.
3. Number of Hoofed Animals Limited. The number of hoofed animals permitted
shall be limited to one for all residential parcels of 40,000 square
feet of lot area, and one for each 30,000 square feet of lot area
in excess of one acre.
4. Riding Stables, Academies, Riding Clubs. Riding stables, academies,
riding clubs and other similar activities shall be permitted in the
Conversation Zone where a minimum area of 10 acres is maintained for
these purposes and all buildings for the housing, feeding, exercise
or rental of such animals are maintained at least 300 feet from all
residential buildings, structures and property lines and are appropriately
screened and fenced.
5. Other Requirements. All regulations of the Board of Health shall
be adhered to.
[Ord. No. 2009-#05 § 5-6.3]
The raising, breeding or housing of poisonous snakes or reptiles
or such snakes or reptiles prohibited by Federal or State law, or
designated as endangered or restricted, shall be prohibited in the
Borough.
[Ord. No. 2009-#05 § 5-7]
Any officer or agent authorized or empowered to perform any
duty under this chapter is hereby authorized to go upon any premises
to seize and impound when such officer is in the immediate pursuit
of such animal or animals except upon the premises of the owner of
the animal if the owner is present and forbids the same.
[Ord. No. 2009-#05 § 5-8]
a. Whenever
a dog, cat or other animal is affected by rabies or suspected of being
affected by rabies or has been bitten by an animal known or suspected
to be affected by rabies, the owner or person in charge of the animal
or any person having knowledge thereof shall forthwith notify the
Health Department of the place where the animal is located.
b. Whenever
a dog, cat or other animal bites a person, the owner or person in
charge of the animal, the person bitten or parent or guardian or the
physician having professional attendance upon every person bitten
shall notify the Health Department of the name, age, sex, color and
precise location of the person so bitten pursuant to N.J.S.A. 26:4-78
et seq.
[Ord. No. 2009-#05 § 5-9]
a. No
person shall suffer, permit or allow any animal to injure, damage,
soil or defile any lawn, shrubbery, flowers or grounds on any property,
either public or private, or any person other than that of its owner
to the extent that such action causes a nuisance.
b. No
person owning or in charge of any dog shall suffer, permit or allow
such dog to be upon any private or public property other than the
premises of the owner without the consent of the owner or tenant of
the private or public property or permit the dog to run unleashed
off the premises of the owner.
c. No
person owning or in charge of any dog shall cause or allow such dog
to soil, defile or defecate upon any private property without the
permission of the owner. Any person owning or in charge of such dog
which soils, defiles or defecates shall immediately remove all feces
deposited by such dog in a sanitary manner.
d. No
person owning or in charge of any dog shall cause or allow such dog
to soil, defile or defecate on any place where people walk or congregate,
or upon public property. Any person owning or in charge of such a
dog which soils, defiles or defecates shall immediately remove all
feces deposit by such dog in a sanitary manner.
[Ord. No. 2009-#05 § 5-10]
N.J.S.A. 4:19-17 through 4:19-37 et seq., and the amendments
and supplements thereto are hereby adopted, enacted and incorporated
herein.
[Ord. No. 2009-#05 § 5-11]
No person shall keep within the Borough any dog causing a nuisance
and/or disturbing the peace and quiet of any neighbors or the neighborhood
in which it shall be kept by constant howling, barking or making and
causing other sounds or noises.
[Ord. No. 2009-#05 § 5-12]
a. Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or pound shall apply to the Health Department for a license entitling him to keep or operate such establishment and shall pay an annual fee as established in Section
5-14. The application shall describe the premises where the establishment is located or is proposed to be located and the purpose for which it is to be maintained.
b. All licenses issued for a kennel, pet shop, shelter or pound shall
expire on the last day of June of each year and be subject to revocation
by the Borough for failure to comply with rules and regulations governing
kennels, pet shops, shelters, and pounds pursuant the N.J.A.C. 8:23-1.1
et seq. and this chapter. Any person holding such license shall not
be required to secure individual licenses for animals owned by such
licensee and kept at such establishment; such licenses shall not be
transferable to another owner or different premises.
c. No animal kept in a kennel, pet shop, shelter or pound shall be permitted
off the premises, except on leash or in a crate or other method of
safe control.
[Ord. No. 2009-#05 § 5-13]
The Health Officer or any person appointed for the purpose,
which person may include the Chief of Police, shall annually cause
a canvass to be made of all dogs and cats owned, kept or harbored
within the limits of the Borough and shall report on or before September
1 of each year to the licensing official and to the Department of
Health and to the New Jersey State Department of Health the results
thereof, setting forth in separate columns the name and addresses
of persons owning, keeping or harboring unlicensed dogs or cats and
the number of unlicensed dogs or cats owned, kept or harbored by each
person, together with a complete description of each unlicensed dog
or cat.
[Ord. No. 2009-#05 § 5-14; Ord. No. 2013-#02]
The following fees shall be paid to the Borough for compliance
with this chapter:
a. License and Registration Tag, Annual.
3. Late charge for dog or cat license and registration tag, effective
March 1: $10 per animal.
4. Replacement dog or cat license and registration tag: $5 per animal.
b. Surrender fees: $50 per animal.
c. Kennel License, Annual.
2. Greater than 10 dogs: $25.
e. Potentially Dangerous Dog License and Registration Tag, Annually:
$250 per potentially dangerous dog.
f. Quarantines: $10 a day up to a total of $100.
g. Reclaim Fee: $30 for the first day plus an additional $5 per day
for every day thereafter.
h. Adoption fees vary based on the individual animal and will range
from $50 to $250 per animal.
i. Disposal of Dead Domesticated Animals.
2. Between 30 lbs and 50 lbs: $75.
j. Removal of Dead Animals (Other Than Domestic) on Private Property:
$25.
k. Euthanasia of Quarantined Pets and, in Special Circumstances Owner
Released Pets:
1. Pets weighing 49 pounds and under; disposal fees plus $35.
2. Pets weighing over 49 pounds; disposal fees plus $50.
[Ord. No. 2009-#05 § 5-15]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[Ord. No. 2009-#05 § 5-17.1]
It shall be unlawful to feed or to bait bears and/or undomesticated
animals in any manner. For purposes of this chapter "undomesticated
animals" shall be defined as any four legged mammal, which lives in
the wild and has not been trained to live in a human environment and
which has the potential for attacking humans.
[Ord. No. 2009-#05 § 5-17.2]
It is unlawful for any person by any means to knowingly and
recklessly make accessible to any animal, with intent to cause harm
or death, any substance, which has in any manner been treated or prepared
with any harmful or poisonous substance. This provision shall not
be interpreted so as to prohibit the use of poisonous substances for
the control of vermin in furtherance of the public health, when applied
in such a manner as to reasonably prohibit access to other animals.
[Ord. No. 2009-#05 § 5-17A.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 Ringwood, so as to protect the public health, safety
and welfare, and to prescribe for failure to comply.
[Ord. No. 2009-#05 § 5-17A.2]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section 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.
FEED
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.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
WILDLIFE
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 2009-#05 § 5-17A.3]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Ringwood, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers, or feral cats as part of an approved Trap-Neuter- Release
program).
[Ord. No. 2009-#05 § 5-18.1]
a. Conditions of Pens and Premises.
1. It shall be unlawful for any person keeping or harboring animals
to fail to keep the premises where such animals are located free from
excessive animal waste and offensive odors to the extent that such
waste and odors disturb person(s) residing or located within 20 feet
from the premises. It shall be unlawful to allow the premises where
animals are kept to become unclean and a threat to the public health
by failing to diligently and systematically remove all animal waste
from the premises.
2. If animals are kept outdoors, access to shelter that supplies protection
from weather shall be provided. Shelters shall be well constructed
and appropriate for the species. All animals shall have access to
adequate shade and water. The animal's age, physical condition
and hair coat shall be considered when determining whether available
shelter is proper. The Animal Control Officer shall be empowered to
make such determination.
3. Should the property restriction, environment or mitigating circumstances
prevail and the animal must be tethered or tied outdoors, the confinement
on the tether shall be no more than eight hours during any twenty-four
hour period. The tether must be at least 15 feet in length and positioned
to prevent tangling and hanging. If an animal must be tethered or
tied outdoors, the animal must wear a properly fitted harness or buckle
collar to prevent tangling or hanging. No chains shall be permitted
for tethering or tying an animal outdoors. No dog shall remain outdoors
in temperatures below freezing, 32° F. during the night or for
extended periods in inclement weather unless the owner of the dog
has demonstrated to the Animal Control Officer that by breed or acclimation
the animal can withstand such circumstances with no harm to the animal.
4. In no instance shall a dog less than five months of age be left or
permitted to remain outside for extended periods of time.
b. Confining in Motor Vehicle Prohibited.
1. No animal shall be confined within or on a motor vehicle at any location
under such conditions as may endanger the health or well being of
the animal, including but not limited to dangerous temperatures, lack
of food, water or attention or confinement with a dangerous animal.
2. No person shall carry an animal upon the hood, fender, running board
or other external part of any moving vehicle, or within the open bed
of any moving pickup, flatbed or similar vehicle unless the animal
is cross-tethered or protected by framework, carrier or other device
sufficient to keep it from falling from the motor vehicle.
3. The Animal Control Officer or any on duty Ringwood Police Officer
is authorized to remove any animal from a motor vehicle at any location
when the Animal Control Officer or Police Officer reasonably believes
it is confined in violation of this section. Any animal so removed
shall be delivered to the veterinarian or animal shelter after the
removing officer leaves written notice of the removal and delivery,
including the Officer's name, in a conspicuous, secure location
on or within the motor vehicle. No Officer shall be held criminally
or civilly liable for action under this section, provided the Officer
acts lawfully, in good faith, on probable cause and without malice.
c. Animal Care.
1. No animal sacrifice shall be permitted to be performed in the Borough.
2. No owner shall fail to provide his animals with sufficient, good
and wholesome food and water, in suitable containers.
3. Proper shelter, protection from weather, veterinary care and humane
care and treatment shall also be provided. No one shall abandon an
animal within the Borough.
4. No person shall give away any live animal, fish, reptile or bird
as a price for or as an inducement to enter any contest, game or other
competition or to induce a sale or as an inducement to enter into
any business agreement whereby the offer was for the purpose of attracting
trade.
5. No animal shall be subjected to unnecessary suffering and cruelty
such as situations exposing animals to prolonged fear, injury, pain
or physical abuse. Animals shall have interaction with humans and
other animals whenever possible. Appropriate adherence to these standards
shall be as determined by the Animal Control Officer.
[Ord. No. 2009-#05 § 5-18.2]
a. It shall be the duty of every person within the Borough to forthwith
report any instances of animal cruelty to the Animal Control Officer.
b. Any person who, as the operator of a motor vehicle, accidentally
strikes a domestic animal shall stop at once and render such assistance
as may be possible and shall immediately report such injury or death
to the animal's owner. In the event that the owner cannot be
ascertained and located, such operator shall at once report the accident
to the appropriate law enforcement agency, the Animal Control Officer
or a local humane society.
[Ord. No. 2009-#05 § 5-19.1]
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in the Borough of Ringwood,
so as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
[Ord. No. 2009-#05 § 5-19.2]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section 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.
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without
delay.
OWNER/KEEPER
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.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
PET
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Shall mean waste matter expelled from the bowels of the pet;
excrement
PROPER DISPOSAL
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. 2009-#05 § 5-19.3]
All pet owners and keepers shall not cause or allow their pets
to soil, defile, or defecate upon any place where people walk or congregate
or upon public property without immediately removing and properly
disposing of their pet's solid waste deposited on such property,
nor shall any pet owner allow their pet to soil, defile or defecate
upon any private property without the permission of the property owner.
[Ord. No. 2009-#05 § 5-19.4]
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while such
animal is being used for that purpose.
[Ord. No. 2009-#05 § 5-19.5]
The provisions of this chapter shall be enforced by the Animal
Control Officer, Animal Cruelty Investigator, the members of the Police
Department, the Property Code Enforcement Officer, the Health Officer
and members of the Health Department. Nothing in this paragraph shall
preclude a resident from filing a complaint in the Municipal Court
for a violation of this chapter unless the terms of the said chapter
expressly require filing by a specific officer, official or employee
of the Borough.
[Ord. No. 2009-#05 § 5-19.6]
Any person violating any provision of this chapter shall upon conviction be liable to the penalties stated in Chapter
1, Section 5.
[Ord. No. 2009-#05 § 5-19.7]
This chapter is deemed severable. In the event any provision
is deemed invalid by a Court of competent jurisdiction, the remainder
shall remain in full force and effect..
[Ord. No. 2009-#05 § 5-19.8]
Any ordinance or any part thereof inconsistent with the terms
of this chapter is repealed.
[Ord. No. 2009-#05 § 5-19.9]
This chapter shall take effect 20 days after passage.