ORDINANCE 4-2006

AN ORDINANCE OF THE TOWNSHIP OF MENDHAM AMENDING CHAPTER III, POLICE REGULATIONS, OF THE MENDHAM TOWNSHIP ORDINANCE CODE

            BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, as follows:

            Section 1.  Paragraph 3-1 LITTER is hereby amended as follows:

            Section 2.  Subparagraph 3-1.1 entitled “Definitions” is hereby amended by the following additions:

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

            Owner/Keeper shall mean 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.

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

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

            Pet solid waste shall mean waste matter expelled from the bowels of the pet; excrement

            Proper disposal shall mean 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.

            Litter Receptacle shall mean a container suitable for the depositing of litter.

            Litter is any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction process3s, logging, sawmilling, farming or manufacturing.

           
            Section 3.  Subparagraph 3-1.2 entitled “General Prohibitions” shall read as follows:

“It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or

having done so, to allow such litter to remain.”

Section 4.  Subparagraph 3-1.5 entitled “Litter Thrown by Persons in Vehicles” shall be amended to read as follows:

            “Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this ordinance, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this ordinance.

            Section  5.  Subparagraph 3-1.9 entitled “Litter on Sidewalks or Other Public Areas” is hereby amended by the addition of the following sentence:

            “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 6.  Section 3-1 shall be amended by the addition of a new subparagraph 3-1.11 to read as follows:

            “3-1.11 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”.