No person owing or having possession, custody
or control of any animal shall cause or allow such animal to soil,
defile, defecate on or commit any such nuisance on any street, gutter,
common thoroughfare, sidewalk, passageway, bypath, play area, park
or any place where people congregate or walk upon any public property
whatsoever or upon any private property without the permission of
the owner of said property.
Any person owning or having possession, custody
or control of any animal which soils, defiles, defecates on or commits
any such nuisance on any street, gutter, common thoroughfare, sidewalk,
passageway, bypath, play area, park or any place where people congregate
or walk upon any public property whatsoever or upon any private property
without the permission of the owner of said property shall immediately
remove all feces deposited by any such animal by any sanitary method.
The feces removed from any of the aforementioned
designated areas shall be disposed of by the person owning or having
possession, custody or control of any such animal in accordance with
the provisions of the article.
The provisions of this article shall not apply
to a guide dog, hearing dog, or service dog accompanying any person
with a disability, as defined in Subdivision 21 of Section 292 of
the Executive Law of the State of New York.
Sanitary methods for removing all feces are
mechanical devices such as pooch scoops, small shovels, and bags.
All feces removed by the person owing, having possession, custody
or control of any such animal shall be disposed of in a sanitary manner.
A person will be considered to have disposed of feces in a sanitary
manner if such person flushes such feces down a sanitary sewer system,
or uses a chemical container causing disintegration, or places the
feces in a bag or wrapper made of paper, plastic or similar material
and places it in a refuse container which is regularly emptied. Disposal
of feces in a street stormwater collection system is prohibited.
Any person in charge of an animal having such
animal off of the property of either the owner or such person in charge
shall have in his or her possession an appropriate mechanical device
or bag to enable such person to remove any feces so that same can
be disposed of in a sanitary manner.
Each violation of this article shall be punishable
by a fine of up to $250 or by imprisonment for not more than 15 days,
or both.