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Home My Public Portal AboutOrd. 05-48 No. 05-48 ®r Dtnant£ ú£ ±4 £ ~úrúu£4 ú£ QIart£r£Ì, ~. 3J. Councilman Presents the following Ordinance Seconded by Councilman AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET- PET WASTE SECTION I. Purpose: . An ordinance to establish requirements for the proper disposal of pet solid waste in The Borough of Carteret, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply SECTION II. 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. OwnerlKeeper - 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 regulårly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal. SECTION III. Requirement for Disposal: All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person. SECTION IV. Exemptions: Any owner or keeper who requires the use of a disability assistance animal shail be exempt from the provisions of this section while such animal is being used for that purpose. SECTION V. Enforcement: The provisions ofthis Article shall be enforced by the Carteret Police Department and the Local Board of Health of The Borough ofCarteret. SECTION VI. 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 $] ,250.00 and/or 60 days in jail for each offense. 05-48 NO. PAGE 2 of 2 SECTION VII. 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. SECTION VIII. 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. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NV A.B. J>1i'Tl.JNn X NAPLES X - DTAZ X RIOS X KRUM. X SITARZ X . x . Indicate Vote AB - Absont NV . Not Voting XOR· Indicates Vote to Overrule Veto CP Adopted on first reading of the Council of the Borough o(-Carreret, N.J.. on September 22, 2005 Adopted on second reading after hearing on October 27, 2005 A"RO"D~"~~~ DN4!-, -"^'" -=-:'ü~(~<c, / MUNICI AL CLERK U Affidavit of Publication Publisher's Fee $81.84 State of New Jersey} ss. MIDDLESEX COUNTY Personally appeared ANNETTE MADAMA Affidavit Charge $25.00 of the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said County and State, and of general circulation In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 (ONE) times, once In each Issue, as follows 9127105, i~' '\ ~,' (, ¡n!.i\!('l'ìr¡' ',r' " ." ,1o,1"",tj "ii, ;)"D' .,. ·)'1· '''''''(''-1/ ",:): ." 1.,r,...".O,-,. ·','..i ..Ji-:¡\.J\..t c\.! ~ :{,i~)S:OI\~ E>Y:fi~S FéJ. 22J20!C\ N BOROUGH OF CARTERET ORDINANCE #05-48 AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET - PET WASTE SECTION I. Purpose: An ordinance to establish requirements for the proper disposal of pet solid waste in The Borough of Carteret, so as to protect public health, safety and welfare, and to prescribe penalties for failure to SËC~~N II. Definitions: f~:m~e ph~;~:s~e w~frdt~i~tndr~~e~~C~ér~haeti~~~O~~~fi 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 mere!y direc- tory. a. ~~~:di~~~~o;~~~1 a~~~ge,t~:h¿~i ~i~/Olid b. Owner/Keeper - any person who shall possess, maintain, house or harbor any pet or other" wise have custod~ of any pet, whether or not c. ~~~s~:~~e~n~f i~d¡Vicftr~T, corporation, compan , partnership, firm, association, or political su6- division of this State subject to municipal juris- diction. d. Pet - a domesticated animal (other than a disability assistance animal) kept for amuse- ment or companionship. e. Pet solid waste - waste matter expelled from the bowels of the pet; excrement f. ~~~~:r r:d~~t;~:e,- .frla~t~~nstui~~bÎe ~~s~~~i~t:r~ and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector: or disposal into a s~s- t~~p~re~~~~i~:~t ~~'dv'¿;sg~~rstic sewage or SEC~ION III. Requirement for Disposal: :~~~e~~d~~~~:r7~ ~t;~~~~s :,rfh~T~~~:'~ ~~IId"~:Ji~ deposited on any property. public or private. not SÊëT100N rv.sÈ~~~~trJn~~at person. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such ammal is ~~ë~IOÑd/oÉ~f~~~&~~.rt~e. The provisions of this Article shall be enforced by the Carteret Police Department and the Local Board of Health of The Borough of Carteret. SECTION VI. Violations and Penatty: 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 $1,250.00 and/or 60 days in jail for each offense SECTION VII. Severability: Each sectIOn, subsection. sentence, ctause and phrase of this Ordinance is declared to be an A.D, 2005o}¡lA..JlJ ð-ß(ßft/lJI..fi,- "----sworn and subscribed before me this 27th day of September, AD., 2005 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 g~~Vtö~t ~m: ~W~tI~~r~~~f this Ordinance. This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law. The foregoing ordinance was introduced at a meeting of the Council of the Borough of Carteret held September 22, 2005 when it was adopted on First Reading. The said ordinance will be further considered on Second Reading for final adoption at a meeting of said Council of the Borough of Carter- et on Octobet' 27, 2005 at approximately 7:00 P.M.. Municipal Court/Police Facility, 230 Roosevelt Ave- nue. Carteret, New JerseK at which time and place f~ g:r~~~~d~nterested wi be given an opportunity KATHLEEN M. BARNEY Certified Municipal Clerk ($81.84) 36176 ¿ ¡.'" r-', 1- , - ,'A \',..1 with the effective date of Ordinance No. 04-28. The foregoing ordinance was introduced at a meet- ing of the Council of the Borough of Carteret held September 1, 2005 when it was adopted on First Reading. The said ordinance will be further consid- ered on Second Reading for final adoption at a meeting of said Council of the Borough of Carteret on September 22, 2005 at approxImately 7 P_M., Municipal Court/Police Facility. 230 Roosevelt Ave- nue, Carteret, New JerseK at which time and place f~ b:7~~~~d~nterested wi be given an opportunity KATHLEEN M. BARNEY CertHled Municipal Clerk ($134.64) 12466 (Page 2 of #12466 ) AFFIDA VIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. ONE (1) times, once in each issue as follows: Friday, November 4, 2005 ,~~o.~ 'Notary Public of New Jersey {/L¿ I r:;- at leen Barney, RMC/CM Municipal Clerk Sworn and subscribed before me this '-f..lj.. day of /I...J {~-"",_4"'1 ,;¿. () <.> 5- IICNIOUIt Of CMIIIIfT . ~~I~ó:2005 ~PTEM8ER 22, 2005 on ....'"':"'...::..~ -of p-~ SEPTE . 2005 -_. OCTOst:R 27: 2005 ~Õ"'DA~L J. REIMAN Ad\MIMcI _ fh'MII.,. ~~~~M':;'R;!, 2000 KAT'HLEEN .. IIARNEY ~IC.AL CLERk ' ,. M\ 30810