[Adopted 11-5-1979 as Ord. No. 428]
As used in this article, the following terms
shall have the meanings indicated:
All fecal matter or excrement issuing from dogs.
The person to whom the dog belongs and any other person having
possession or control of the animal either with or without the consent
of the person to whom such animal belongs.
Any land, sidewalk, building, driveway, garden or roadway,
either residential or commercial, which is owned by any individual,
partnership, public utility, corporation, company or other business
or commercial entity.
Any land, building, sidewalk, driveway, parking lot, street,
roadway or roadbed, park, playground or other recreation area which
is either owned or leased by the Township of Rochelle Park, or any
other such property owned or leased by the State of New Jersey, the
County of Bergen, the Rochelle Park Board of Education or any agency
thereof, which property is located within the geographic boundaries
of the Township of Rochelle Park.
That portion of a public roadway which is between the curbs.
Specifically excluded from this definition is any interpretation whereby
the sidewalk, grass strip or other public easement adjoining a roadway
shall be included as part of the term "street."
This Article shall apply to all persons who
own, possess or control a dog while such dog is physically in this
Township of Rochelle Park, whether or not such dog is generally maintained
or housed in the Township of Rochelle Park.
A.
No dog owner shall permit, cause or encourage any
dog to deposit dog litter on any public property other than streets.
B.
No dog owner shall permit, cause or encourage any
dog to deposit dog litter on any private property without the express
consent of the owner of such private property.
C.
No person shall remove dog litter from any place and
thereafter cause it to be deposited on any public property or private
property without the property owner's express consent.
D.
No person shall place, deposit, throw or insert dog
litter into any storm drain or storm sewer system in the Township
of Rochelle Park.
It shall be the duty and obligation of every
dog owner to collect any dog litter left by the owner's dog by retrieving
the same immediately following its deposit by the dog and thereafter
disposing of such dog litter by:
A.
Placement in the sanitary sewer system;
B.
Placement in an appropriate disposal system manufactured
for the purpose of dog litter disposal;
C.
Placement of the dog litter in a sealed and fastened
plastic bag and disposal of the same in a public refuse container
provided by the Township of Rochelle Park; or
D.
Placement of the dog litter in a sealed and fastened
plastic bag and disposal of the same in the owner's own refuse container.
A.
This article shall be published for the general knowledge
of the public in the following manner:
(1)
In addition to publication as required by law for
ordinances of the township, the full text of this article shall be
published in Our Town, a newspaper of general circulation within the
township, at least once during the month of November 1979 and once
during the month of December 1979.
(2)
Following the second reading of this article in accordance
with law, the Township Clerk shall post the full text hereof at or
near the office of the Township Clerk in the Township of Rochelle
Park, where such posting shall remain in plain view until January
31, 1980.
(3)
Each applicant for a dog license in the Township of
Rochelle Park shall be given a separate sheet of paper with the application
or with the dog license which shall state as follows:
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DOG OWNERS — TAKE NOTICE! The
Township of Rochelle Park has passed a Dog Litter Ordinance which
requires you to clean up after your dog. The ordinance goes into effect
January 1, 1980, and it is your obligation to strictly adhere to the
requirements of this new law. Copies are available from the Township
Clerk free of charge upon request.
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B.
This section of this article is intended to provide
public information as a community service and is not intended to impose
upon the township any standards for publication over and above those
required by state law. It shall not be a defense to any charges of
violation of this article that the township failed to publish notice
thereof under one or more of the subsections of this section.
A.
Any person found to be in violation of this article
shall be fined not less than $25 nor more than $100 for a first offense;
not less than $50 nor more than $500 for any second offense; not less
than $100 nor more than $1,000 for any third or subsequent offense.
[Amended 5-5-1986 by Ord. No. 519]
B.
Any person found to be in violation of this article
for a third or subsequent offense may also have his dog license revoked
for a period of not less than five years.
C.
Payment of this offense may be made through the Violations
Bureau of the Municipal Court.
[Added 10-20-1993 by Ord. No. 662]
This Article shall be enforced upon the filing
of a sworn complaint duly executed in accordance with law by any person
or by any police officer in whose presence any offense hereunder is
committed, and such police officer may issue process by summons rather
than sworn complaint or by any other law enforcement official in the
township in accordance with the law, rules and regulations governing
each official, but not necessarily by sworn complaint.
