[Ord. No. 2005-73]
No person owning or having the care, custody or control of any
domestic or captive animal shall permit the animal to soil or deposit
excrement upon any sidewalk or other public property, or upon private
property of persons other than the owner or person having the care,
custody or control of the animal.
[Ord. No. 2005-73]
Any person owning or having the care, custody or control of
any domestic or captive animal whose animal does defecate or otherwise
soil any sidewalk, passageway, bypath, play area, park, or any other
place where people congregate or walk, or upon any other public property
whatsoever, or upon any private property without the permission of
the owner of the property, shall immediately remove the excrement
or other waste in a sealed, nonabsorbent, leak proof container which
may then be placed in a designated waste receptacle or discarded in
a refuse container which is regularly emptied by the Borough or some
other refuse collector, or disposed into a system designed to convey
domestic sewage for proper treatment and disposal.
[Ord. No. 2005-73; amended 5-16-2019 by Ord. No. 2019-279]
Any excrement or other solid waste deposited by a domestic animal on the property of a person owning or having the care, custody or control of a domestic or captive animal shall be removed and disposed of as provided in Subsection 5-1.2 within a period no greater than 12 hours during the months of May through October and 24 hours during the months of November through April.
[Ord. No. 2005-73]
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while such
animal is being used for that purpose.
[Ord. No. 2005-73]
The ordinances contained in Chapter BH1 pertaining to the regulation of animals by the Board of Health or its designees shall remain in effect to the extent that they are consistent with this chapter. If a provision of this chapter is more restrictive or precise the provision of this chapter shall control.
[Ord. No. 2005-73]
For the purposes of this section, the following words shall
have the meanings stated herein:
a.
WILDLIFE - Shall mean any animal that is not human or domesticated;
b.
FEED - Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention or reasonable likelihood
of feeding, attracting or enticing wildlife, not including baiting
in the legal taking of fish and/or game, or the inadvertent attraction
of insects, birds or other vermin to food intended for human consumption.
[Ord. No. 2005-73]
No person shall feed in any public park or on any other property
owned or operated by the Borough of Union Beach any wildlife, excluding
confined wildlife in zoos, parks, rehabilitation or education centers.
[Ord. No. 2016-246]
Means an animal control center or animal shelter, maintained
by or under contract with any state, county, or municipality, whose
mission and practice is, in whole, or significant part, the rescue
and placement of animals in permanent homes or rescue organizations.
Means any not-for-profit organization which has tax-exempt
status under Section 501(c)3 of the United States Internal Revenue
Code, whose mission and practice is, in whole or in significant part,
the rescue and placement of animals in permanent homes.
Means a member of the species of domestic cat, Felis catus.
Means a member of the species of domestic dog, Canis familiaris.
Means to sell, offer for sale or adoption, advertise for
the sale of, barter, auction, give away or otherwise dispose of a
dog or cat.
Means a retail establishment where dogs and cats are sold,
exchanged, bartered or offered for sale as pet animals to the general
public at retail. Such definition shall not include an animal care
facility or animal rescue organization, as defined.
[Ord. No. 2016-246]
[Ord. No. 2005-73]
This chapter shall be enforced by the Police Department of the Borough of Union Beach, the Board of Health, the Animal Control Officer, the Property Maintenance Officer or any other official or officer of the Borough of Union Beach. An officer or official making a first observation of a person violating Section 5-2, Wildlife Feeding, shall first order the person to cease the feeding immediately. Upon the failure of the person to cease the feeding or upon a second observation of a violation of Section 5-2, a complaint may be issued to the person.
[Ord. No. 2005-73]
Any person who is convicted of a violation of this chapter shall be subject to a fine not to exceed $1,250. The penalties established in subsection BH1-2.6 may be utilized in the enforcement of this chapter, where they apply, as a guideline of minimum fines.
