[Adopted 3-21-1984 by Ord. No. 1637]
[Amended 3-19-1997 by Ord. No. 7/97]
The Board of Commissioners of West New York,
New Jersey, hereby finds and determines that the soiling of public
streets, sidewalks and areas adjacent to the same by droppings and
fecal matter of animals is detrimental to the public health and safety
in crowded urban areas such as West New York, New Jersey, and in the
interest of public health, all such soiling by animal droppings and
fecal matter shall henceforth be prohibited.
[Amended 3-19-1997 by Ord. No. 7/97]
As used in this article, the following terms
shall have the meanings indicated:
Includes all feces, excrement, ordure, manure, dung or similar
solid waste matter discharged or eliminated by animals.
Include any and all animals kept, controlled, harbored or
otherwise maintained, played with or with which other than momentary
contact is maintained, whether the animals be owned or not and whether
the animal be a pet, domestic or wild or semiwild animal and whether
the animal be a dog, cat or any other type of animal.
Includes all grounds and parks owned by, operated by or subject
to the control and supervision of the Town of West New York or any
of its autonomous bodies.
Includes sidewalk, ways, alleys, squares, lanes, walks and
shall include areas adjacent thereto such as lawns, parking lots,
loading zones, driveways and other areas accessible to the public
or their animals leading to, adjacent or in the vicinity of such public
places above set forth. Areas adjacent thereto shall not include the
public roads within the Town of West New York over which motor vehicles
travel or may travel.
[Amended 10-19-1977 by Ord. No. 1261; 3-19-1997 by Ord. No.
7/97; 8-19-2009 by Ord. No. 21/09]
A.
No person
shall suffer or permit any animal which such person owns or controls
to soil, defile, defecate or deposit any dropping or fecal matter
on any public sidewalk or area adjacent thereto or upon any public
grounds or parks, under penalty of a fine of not more than $250 for
the first violation, $500 for the second violation, $750 for the third
violation or not more than $1,000 for the fourth or subsequent violation
and/or imprisonment for a period of up to 90 days, or both, for such
fourth or subsequent violation and may also be required to perform
community service, as determined by the Municipal Court Judge , unless
such person shall make a reasonable effort to clean and remove such
droppings and fecal matter in good faith and within a reasonable time
so as to prevent such soiling action, which soiling action is declared
to be a public nuisance detrimental to public health. Any person who
aids, assists or abets in the violation of any provision of this article
shall be subject to the penalties herein provided for.
B.
This article
shall be enforced by the Animal Control Warden, members of the West
New York Police Department, members of the West New York Parks and
Recreation Department, Code Enforcement Department and any Town employee
or official designated by the Director of the Department of Public
Works or Parks and Recreation.
[Amended 3-19-1997 by Ord. No. 7/97]
A.
Such soiling action shall be deemed prevented if such
persons shall promptly clean all such fecal matter and droppings by
causing the same to be gathered in suitable bag, wrapper or other
container and disposed of in a safe and sanitary manner.
B.
Such action shall be taken promptly so as to minimize
the detrimental effects of such depositing of such fecal matter and
droppings if in violation of this article.
