ORDINANCE NO. 2006 - #7

AN ORDINANCE TO AMEND CHAPTER 8 ANIMALS, OF THE REVISED ORDINANCES OF THE BOROUGH OF RINGWOOD TO PROVIDE REGULATIONS REGARDING THE DISPOSAL OF PET WASTE

BE IT ORDAINED by the Municipal Council of the Borough of Ringwood, County of Passaic and State of New Jersey, that Chapter 8, Animals, of the Revised Ordinances of the Borough of Ringwood is amended to provide for the following additional regulations:

SECTION 1. The Revised Ordinances of the Borough of Ringwood, Chapter 8 are hereby amended and supplemented by the addition of the following Article 3: “Disposal of Pet Waste” to provide as follows:

Article 3

Disposal of Pet Waste

8-3.1 Purpose

8-3.2 Definitions

8-3.3 Requirement for Disposal

8-3.4 Exemptions

8-3.5 Enforcement

8-3.6 Severability

8-3.7 Effective Date

8-3.1 Purpose

An ordinance to establish requirements for the proper disposal of pet solid waste in the Borough of Ringwood, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

8-3.2 Definitions

For the purpose of this ordinance, 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.

a. Immediate — shall mean that the pet solid waste is removed at once, without delay.

b. Owner/Keeper — any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.

c. Person — any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

d. Pet - a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.

e. Pet solid waste — waste matter expelled from the bowels of the pet; excrement

f. 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.

8-3.3 Prohibited Conduct and Proper Disposal

All pet owners and keepers shall not cause or allow their pets top soil, defile, or defecate upon any place where people walk or congregate or upon public property without immediately removing and properly disposing of their pet’s solid waste deposited on such property, nor shall any pet owner allow their pet to soil, defile or defecate upon any private property without the permission of the property owner.

8-3.4 Exemptions

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.

8-3.5 Enforcement

The provisions of this Article shall be enforced by the police department and the code enforcement officer of the Borough of Ringwood.

8-3.5 Violations and Penalty

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed $2,000.00.

8-3.6 Severability

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.

8-3.7 Effective Date

This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.

Introduced: March 7, 2006

Adopted: March 21, 2006

__________________________

JOANNE ATLAS, MAYOR

Attest:

_______________________

Kelley A. ROHDE, RMC

Borough Clerk