[Adopted 4-7-2005 by Ord. No. 2005-5]
An article to establish requirements for the
proper disposal of pet solid waste in the Borough of Berlin, 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 chapter 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.
Shall mean that the pet solid waste is removed at once, without
delay.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Waste matter expelled from the bowels of the pet; excrement.
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 Police
Department and/or other municipal officials of the Borough of Berlin.
Any person, entity or corporation who shall
violate any of the provisions of this article shall, upon conviction
thereof, before the Municipal Court of the Borough of Berlin, be subject
to a fine not exceeding $500 or imprisonment in the county jail for
a term not exceeding 90 days, or both, in the discretion of the Municipal
Court Judge before whom such defendant shall be convicted. A separate
offense may be deemed committed on each day that a violation occurs
or continues.
