BOROUGH OF HILLSDALE

BERGEN COUNTY, N.J.

ORDINANCE NO. 06-10

AN ORDINANCE TO AMEND VARIOUS CHAPTERS OF THE CODE OF THE BORUGH OF HILLSDALE TO BRING THE BOROUGH ORDINACES INTO FURTHER CONFORMITY WITH THE STORMWATER MANAGEMENT PROVISIONS OF NEW JERSEY STATE STAUTES CODES AND REGULATIONS INCLUDING ANIMALS, LITTERING, STREETS AND SIDEWALKS AND

WATER FOWL,

Section 1: The following supplements and amendments are made to Chapter 96 :

a. The title to Chapter 96 shall hereafter be ANIMALS

B. Section 96-18 Soiling or committing of nuisance by dogs prohibited is replaced as follows:

Section 96-18 Soiling or committing of nuisance by dogs prohibited.

Purpose:

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

A: 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.

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

2 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.

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

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

a. Pet solid waste- waste matter expelled from the bowels of the pet; excrement

b. 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.

B. 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.

C. 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.

E. Enforcement:

The provisions of this Article shall be enforced by the Borough of Hillsdale Police Department and Board of Health.

1 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 $2000.00 or the maximum permitted by law.

2. 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 2 The following supplements and amendments are made to Chapter 196 LITTERING

A. The definition of Litter in Section 196-2 is amended to read as follows:

LI'ITER - Garbage, refuse and rubbish as such are defined herein and 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 processes, logging, sawmilling, farming or manufacturing.

B. Chapter 196 Littering is amended to add the definitions as follows:

LITTER RECEPTACLE - A container suitable for the depositing of litter.

PERSON - Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

C. Section 196-3, Litter in Public Places Prohibited is retitled and amended to replace Section A as follows:

Section 196-3 Litter in Public and Private Property Prohibited

A. 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 so, to allow such litter to remain.

D. Section 196-6, Litter Thrown from Vehicles is retitled and amended to replace Section A as follows:

Section 196-6 Litter Thrown from Vehicles and Boats

A 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.

E. Chapter 196 is supplemented by adding Section 196-9, Enforcement as follows:

Section 196-9, Enforcement This ordinance shall be enforced by the Borough of Hillsdale Police Department.

F. Chapter 196 is supplemented by addition section 196-10 as follows,

Section 196-10 Violations and Penalties. 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 $2000 or the maximum permitted by law..

G. Chapter 196 is supplemented by adding Section 196-11, Severability as follows:

Section 196-11, 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 3: Chapter 260 STREETS AND SIDEWALKS is amended to add Article VI as follows:

Article VI

Yard Waste Collection Program

260-39, Purpose:

To establish a yard waste collection and disposal program in the Borough of Hillsdale, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

260-40, Definitions:

a. Containerized- means the placement of yard waste in a trash can, bucket, bag or

other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.

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

c. Street- means any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.

d. Yard Waste- means leaves and grass clippings.

260-41, Yard Waste Collection:

Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven (7) days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this ordinance. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this ordinance.

260-42, Enforcement:

The provisions of this ordinance shall be enforced by the Borough of Hillsdale Police Department and Construction Code Official.

260-43, Violations and Penalties:

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 $500.

260-44, Severability:

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be 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 4: Chapter 365 Waterfowl, Feeding of is replaced as follows:

Chapter 365 Waterfowl, Feeding of

365-1 Purpose:

An ordinance to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Borough of Hillsdale, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

365-2, Definitions:

a. Feed- to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal sense of taking fish and/or game.

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

c. Wildlife- all animals that are neither human nor domesticated.

365-3, Prohibited Conduct:

a. No person shall feed, in any public park or on any other property owned or operated by the Borough of Hillsdale, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation center, or unconfined wildlife at environmental education centers, or feral cats as part of an approved Trap-Neuter-Release program).

365-4, Enforcement:

a. This ordinance shall be enforced by the Borough of Hillsdale Police Department and Board of Health.

b. Any person found to be in violation of this ordinance shall be ordered to cease the feeding immediately.

365-5, Violations and Penalties:

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 $500.

365-6, Severability:

SECTION 5. Prior Inconsistent Ordinances Superseded. All ordinances or parts of ordinances contrary to or inconsistent with this ordinance are hereby superseded.

SECTION 6. Invalidity. If any section or provision of this Ordinance be adjudged invalid or unconstitutional, preempted by Federal or State law, or otherwise invalid by any court of competent jurisdiction, the same shall not affect the validity of the ordinance as a whole or any other section or provision hereof.

SECTION 7. Effect. This ordinance shall take effect immediately upon final passage and publication, or otherwise as provided by law.

The provisions of this Article shall be enforced by the Borough of Hillsdale Police Department and Board of Health.

B. 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 $2000 or the maximum permitted by law..

C. Severability: