No person owning, harboring, keeping or in charge of any dog shall permit, cause, or suffer such dog to soil, defile or defecate on any common thoroughfare, sidewalk, street, 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. The foregoing restriction shall not apply to that portion of the street lying between the curblines, or the sides of the street bed if there are no curblines, provided that:
A. 
The person with and in charge of such dog shall immediately remove all feces deposited by such dog by any sanitary means approved by the Borough's Health Department.
B. 
The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of such dog in a sanitary manner approved by the Borough's Health Department.
The provisions of this article shall not apply to guide dogs accompanying any blind person, hearing-ear dogs, or service dogs.
A. 
Any person who violates or fails or refuses to comply with this article shall be liable to a penalty of not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the Borough, except that for the first offense in case of violations, the penalty shall not be less than $1 nor more than $50, to be recovered in the same manner. A person who refuses or neglects to pay forthwith the amount of a judgment rendered against him or her and the costs and charges incident thereto may be committed by the Judge to the county jail for a period not exceeding 10 days in the case of the first conviction, and, in the case of a second, subsequent or continuing violation, for a term not exceeding 30 days.
B. 
Any person who violates any provision hereof for a second or third offense shall, upon conviction thereof, be punished by a fine not exceeding $250 for a second offense, or $500 for a third offense and may be subject to imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.