The purpose of this chapter is to establish requirements to
control the defecation of any domesticated pet and for the proper
removal and disposal of pet solid waste on all public lands in the
Town of Porter so as to protect public health, safety and welfare,
and water quality, and to prescribe penalties for failure to comply.
The title of this chapter shall be the "Pet Waste Law of the
Town of Porter."
As used in this chapter, the following terms shall have the
meanings indicated:
IMMEDIATELY
The removal of all solid waste from a domesticated animal,
without delay.
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any
domesticated animal or otherwise have custody of any domesticated
animal, whether or not the owner of such animal.
PERSON
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
PET
Any domesticated animal (other than a guide dog or disability
assistance animal) kept for pleasure or companionship.
PET SOLID WASTE
Fecal waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Placement of removed waste in a designated waste receptacle
or other suitable waste collection container that 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.
All pet owners and keepers of a dog, horse or other domestic
animal that soils, defiles, or defecates are required to immediately
and properly dispose of their pet's solid waste that is deposited
on any property or right-of-way, public or private, which is not owned
or possessed by said person, and is done without the permission of
the owner of said property.
Any owner or keeper who requires the use of a guide dog or other
disability assistance animal shall be exempt from the provisions of
this section while such animal is being used for that purpose and
who, at that time, is not accompanied by another person who has no
sight impairment.
The provisions of this chapter shall be enforced by any employee
of the Town of Porter and the Niagara County Sheriff's Department
and the New York State Police Department, who patrol and protect the
Town of Porter.
Any failure to comply with the provisions of this chapter shall
be deemed a violation, and the violator subject to a fine not to exceed
$250, 15 days' imprisonment, or both.
This chapter shall take effect immediately upon filing with
the Secretary of State of the State of New York.