Montclair Municipal Code Ch. 5.04 Animal Defecation

Section:

Footnotes:

--- (1) ---

Editor's note— Ord. No. 14-941, § 1, adopted February 18, 2014, repealed the former Chapter 5.04, § 5.04.010, and enacted a new Chapter 5.04 as set out herein. The former Chapter 5.04 pertained to animals generally and derived from prior code § 6-1.01 and Ord. No. 99-791.

A. A person having custody of a domestic animal shall not permit, either willfully or through failure to exercise due care or control, any such domestic animal to defecate upon sidewalk of any public right-of-way; or upon the floor of any common hall in any apartment building, condominium, townhome hotel, or other multiple dwelling; or upon any entranceway, stairway immediately abutting on a public sidewalk; or upon the floor of any shop, store, office building, or other building used in common by the public; or upon the floor or stairway of any public transportation station or public waiting room; or upon the floor, stairway, entranceway, office, lobby, or patio used in common by the public; or, without the consent of the owner or person in lawful occupation thereof, any lawn, yard, or any other private property whatever, which is either improved or occupied.

B. It is unlawful for the owner or person having custody of any domestic animal to permit, either willfully or through failure to exercise due care or control, any such domestic animal to defecate and to allow such feces to thereafter remain upon any public or private property not owned or possessed by the owner or person in control of the animal, provided that the person who owns, harbors, keeps or has charge or control of a domestic animal shall immediately and securely enclose all feces deposited by such domestic animal in a bag, wrapper, or other container and dispose of the same in a sanitary manner. Any person who has charge or control of a domestic animal in a location other than on the property of such person or the property of the owner of the domestic animal shall have in his possession a suitable wrapper, bag, or container (other than articles of personal clothing) for the purposes of complying with the requirements of this section. Any violation of this section, including failure of such person to carry such wrapper, bag, or container when in charge or control of a domestic animal in a location other than on property of such or the property of the owner of the domestic animal shall subject said person to penalty as provided in Chapter 1.12 of this Code.

(Ord. No. 14-941, § 1, 2-18-14)