As used in this article, the following terms
shall have the meanings indicated:
ANIMAL CONTROL OFFICER
A person 18 years of age or older who has satisfactorily
completed the course of study approved by the Commissioner of Health
and Senior Services and the Police Training Commission as prescribed
by paragraphs (1) through (3) of subsection a of section 3 of P.L.1983,
c. 525 (N.J.S.A. 4:19-15.16a); or who has been employed in the State
of New Jersey in the capacity of, and with similar responsibilities
to those required of, a certified animal control officer pursuant
to the provisions of P.L.1983, c. 525, for a period of three years
before January 17, 1987.
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
KENNEL
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
OWNER
When applied to the proprietorship of a dog, shall include
every person having a right of property in that dog and every person
who has that dog in his keeping, and when applied to the proprietorship
of any other animal, including, but not limited to, a cat, shall include
every person having a right of property in that animal and every person
who has that animal in his keeping.
PET SHOP
Any place of business which is not part of a kennel, wherein
animals, including, but not limited to, dogs, cats, birds, fish, reptiles,
rabbits, hamsters or gerbils, are kept or displayed chiefly for the
purpose of sale to individuals for personal appreciation and companionship
rather than for business or research purposes.
POUND
Any establishment for the confinement of dogs seized under
the provisions of this article or otherwise.
SHELTER
Any establishment where dogs or other animals are received,
housed and distributed.
VICIOUS DOG
Any dog or dog hybrid declared vicious by the panel pursuant to §
70-11D of this article.
The Clerk shall annually cause a canvass to
be made of all dogs owned, kept or harbored within the limits of the
Borough of Hamburg and shall report on or before September 1 of each
year, to the local Board of Health and to the State Department of
Health, the result thereof, setting forth in separate columns the
names and addresses of persons owning, keeping or harboring unlicensed
dogs, the number of unlicensed dogs owned, kept or harbored by each
of said persons, together with a complete description of each said
unlicensed dog.
The Mayor and Council of the Borough of Hamburg
shall appoint a licensed Animal Control Officer to enforce the provisions
of this article.
The purpose of this section is to protect the
health, safety and welfare of all those frequenting this Borough,
by preventing the needless health hazards and nuisances caused by
dog feces upon public and private property located within the Borough.
A. Defecation on private property. No person owning or
in charge of any dog shall cause or allow such dog to soil, defile,
defecate upon or commit any nuisance upon any private property, without
the permission of the owner of the property. Any person owning or
in charge of a dog which soils, defiles, defecates or commits any
such nuisance shall immediately remove all feces deposited by such
dog in a sanitary manner.
B. Defecation on public property. No person owning or
in charge of any dog shall cause or allow such dog to soil, defile,
defecate upon or commit any nuisance on any place where people congregate
or walk, or upon any public property. Any person owning or in charge
of a dog which soils, defiles, defecates or commits any such nuisance
shall immediately remove all feces deposited by such dog in a sanitary
manner.
C. Defecation on owner's property. No person shall permit
the accumulation of dog feces upon his/her own property, or property
occupied by him/her, to the extent that the odor may be noticeable
to any adjoining property owners.
D. Disposal of defecation. The feces removed from the
aforementioned designated areas shall be disposed of by the person
owning or in charge of any such dog in a sealed, nonabsorbent, leakproof
container. Disposition in a sanitary manner shall include taking the
feces home for deposit, or wrapping the feces and placing same in
a trash can. It shall not include burial, disposal by placement in
a storm sewer, or placing unwrapped feces in a trash can.
E. Defense to violation. It shall be a complete defense to violations of Subsections
A,
B and
C if a person shall have immediately removed such defecation and disposed of it in a sanitary manner.
F. Seeing eye dogs. The provision of this section shall
not apply to dogs used as guides for blind persons and commonly known
as "seeing eye" dogs, dogs used to assist handicapped persons commonly
known as "service dogs" or dogs used to assist deaf persons and commonly
known as "hearing ear" dogs.
[Added 9-6-2023 by Ord. No. 15-2023]
A. Purpose. A section to establish requirements for the proper disposal
of pet solid waste in the Borough of Hamburg, so as to protect public
health, safety and welfare, and to prescribe penalties for failure
to comply.
B. Definitions. 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
That the pet solid waste is removed at once, without delay.
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.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
PET
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
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.
C. 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.
D. Exemptions. 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.
E. Enforcement. The provisions of this section shall be enforced by
the Animal Control Officer of the Borough of Hamburg.
F. Violations and penalty. For violation of any provision of this section the maximum penalty shall be as provided in Chapter
1, Article
III, §§
1-17 and
1-18, of the Code of the Borough of Hamburg.
In the event of a violation on private property,
a complaint is only to be filed by the owner of such property. In
the event of such a violation occurring on public property, thoroughfare,
walkways or parks, a complaint may be filed by any witnesses to such
act.
No person owning, keeping or harboring a dog/cat
shall permit it to do any injury to or to do any damage to any lawn,
shrubbery, flowers, grounds or property or a complaint may be made
against the owner or keeper of such dog/cat.
Except as provided in N.J.S.A. 4:19-15.19, penalties
for violations of the provisions of this article shall be as follows:
A. Failure to obtain license:
(3) Third offense: as determined by a judge.
B. Dogs running at large:
(3) Third offense: as determined by a judge.
C. Disturbing the peace (barking):
(3) Third offense: as determined by a judge.
D. Dogs attacking person:
(3) Third offense: as determined by a judge.
E. Dogs attacking other animals:
(3) Third offense: as determined by a judge.
F. Interference with an officer:
(1) First offense: mandatory $100 minimum.
(3) Third offense: as determined by a judge.
G. Defecation:
(3) Third offense: as determined by a judge.
H. In the case of the failure of any person to pay any
fine imposed hereunder, the Judge may cause such persons to be imprisoned
in the County jail for any term not exceeding 90 days.
It shall be the duty of the Animal Control Officer
to enforce the provisions of this article.