The purpose of this article is to establish requirements for the proper disposal of animal solid waste, including pet solid waste, in the Borough of Roselle, 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 chapter 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.
IMMEDIATE
The animal solid waste is removed at once, without delay.
OWNER/KEEPER
Any person who shall possess, maintain, house, or harbor any animal, including pets, or otherwise have custody of any animal or pet, whether or not he is the owner of such pet.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PET
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET OR OTHER ANIMAL SOLID WASTE
Waste matter expelled from the bowels of an animal, including pets; excrement; manure.
PROPER DISPOSAL
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. Manure shall not be conveyed through the streets of this Borough unless the same is fully covered with a tarpaulin or other suitable covering.
All animal or pet owners and keepers are required to immediately and properly dispose of their animal's or pet's solid waste deposited on any property, public or private, not owned or possessed by that person.
Manure or pet waste shall not be stored or allowed to accumulate on any premises in such a manner as to create a nuisance or breed flies.
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.
The provisions of this article shall be enforced by the Health Officer.
Any person who violates or refuses to comply with the provisions of this article shall, upon conviction thereof, be subject to a fine of not more than $1,000 or to imprisonment in the county jail for not more than 90 days, or both, but in no event less than $50 for the first offense, $250 for the second and $750 for the third or subsequent offense.