[Adopted 4-18-2006 by Ord. No. 2006-9[1]]
[1]
Editor's Note: This ordinance also superseded
former Art. II, Sanitation Requirements for Dogs, adopted 11-16-1993
by Ord. No. 93-30.
The purpose of this article is to establish
requirements for the proper disposal of pet solid waste in the Borough
of East Rutherford 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.
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.
A.
No person owning, harboring, keeping or in charge
of any pet shall cause, suffer or allow such pet to soil, defecate
on or commit any nuisance on common thoroughfares, sidewalks, passageways,
bypaths, play areas, parks or any place where people congregate or
walk on any property, public or private, not owned or possessed by
that person.
B.
The restriction shall not apply to curbing such pets
under the following conditions:
(1)
Removal of feces. The person who curbs such pet shall
immediately remove all feces deposited by such pet by any sanitary
method approved by the local health authority.
(2)
Disposal of feces. The removed feces shall be disposed
by the person owning, harboring, keeping or in charge of any pet curbed
in accordance with the provisions of this article in a sanitary manner
approved by the local health authority.
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.
The provisions of this article shall be enforced
by the local Health Officer and the local Police Department.
Any person(s) who is found to be in violation
of the provisions of this article shall be subject to a fine not to
exceed $250.
