[Adopted 9-4-1979 by Ord. No. 760]
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 Borough of Maywood or any other such
property owned or leased by the State of New Jersey, the County of
Bergen, the Maywood Board of Education or any agency thereof, which
property is located within the geographic boundaries of the Borough
of Maywood.
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 a 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 the
Borough of Maywood, whether or not such dog is generally maintained
or housed in the Borough of Maywood.
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 Borough of
Maywood.
A.
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 placement in the sanitary sewer system or by
placement in an appropriate disposal system manufactured for the purpose
of dog litter disposal.
B.
This article does not impose upon dog owners the obligation
to retrieve dog litter by any special or recommended means, and this
article shall not be construed as a recommendation for or endorsement
of any particular retrieval product or type of product.
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 Borough, the full text of this article shall be
published in "Our Town," a newspaper of general circulation within
the Borough, 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 Borough Clerk shall post the full text hereof at or
near the office of the Borough Clerk in the Borough of Maywood, where
such posting shall remain in plain view until January 31, 1980.
(3)
Each applicant for a dog license in the Borough of
Maywood shall be given a separate piece of paper with the application
or with the dog license, which shall state as follows:
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"DOG OWNERS: TAKE NOTICE! The Borough of Maywood
has passed a Dog Litter Ordinance which required 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 Borough Clerk free of charge upon
request."
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B.
This section of the article is intended to provide
public information as a community service and is not intended to impose
upon the Borough 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 Borough failed to publish notice
thereof under one or more of the subsections of this article.
[Amended 12-29-1987 by Ord. No. 15-87]
Any person found to be in violation of this
article shall, upon conviction thereof, be subject to a fine not exceeding
$1,000 or to imprisonment for a term not exceeding 90 days, or both.
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 of
the Borough in accordance with the law, rules and regulations governing
each official, but not necessarily by sworn complaint.
