5-1.1       Prohibition of Domestic Animal Waste Deposit.

   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)


5-1.2       Domestic Animal Waste Disposal.

   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)


5-1.3       Domestic Animal Waste Disposal from Owner's Property.

   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 twenty-four (24) hours. (Ord. No. 2005-73)


5-1.4       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. (Ord. No. 2005-73)


5-1.5       Board of Health Ordinances.

   The ordinances contained in Chapter BH:1 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)





5-2.1       Definitions.

   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)


5-2.2       Prohibition of Feeding Wildlife.

   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. 2005-73)



5-3       SALE OF ANIMALS.


5-3.1       Definitions.

Animal care facility 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.

Animal rescue organization 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.

Cat means a member of the species of domestic cat, Felis catus.

Dog means a member of the species of domestic dog, Canis familiaris.

Offer for sale 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.

Pet shop 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)


5-3.2       Restrictions on the Sale of Animals.

a.     A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:

1.     An animal care facility; or

2.     An animal rescue organization.

b.     A pet shop shall not offer for sale a dog or cat that is younger that eight (8) weeks old.

(Ord. No. 2016-246)



5-4       ENFORCEMENT.


5-4.1       Violations.

   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)


5-4.2       Penalties.

   Any person who is convicted of a violation of this chapter shall be subject to a fine not to exceed one thousand two hundred fifty dollars ($1,250.00) dollars. The penalties established in subsection BH:1-2.6 may be utilized in the enforcement of this chapter, where they apply, as a guideline of minimum fines. (Ord. No. 2005-73)




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