An article to establish requirements for the proper disposal
of pet solid waste in the Township of Elk, so as to protect public
health, safety and welfare, and to prescribe penalties for failure
to comply.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article 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.
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.
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this article while such
animal is being used for that purpose.
This article shall be enforced by the Elk Township Police Department,
Elk Township Public Works Department and/or Elk Township Code Enforcement
Official.
Any person who shall violate any of the terms or provisions
of this article or shall commit or do any act or thing prohibited
by the terms of this article shall, upon conviction thereof, be subject
to a fine not exceeding $1,250, imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days. Offenses
on separate days shall be deemed to be separate offenses, so that
a continued violation from day to day shall be construed to be a new
violation for each day such violation occurs.