a. Duty to Dispose. It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any sidewalk, street or other public area. It shall further be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any private property neither owned nor occupied by said person.
b. Duty to Possess Means of Removal. No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park or other public area without the means of removal of any feces left by such dog. Furthermore, no person who owns, possesses or controls such dog shall appear on any private property neither owned nor occupied by said person without the means of removal of any feces left by said dog.
c. Method of Removal and Disposal. For the purposes of this subsection, the means of removal shall be any plastic bag, tool, implement, or other device carried and used for the purpose of picking up and containing such feces, unexposed to said person and unexposed to the public. Disposal shall be accomplished by transporting such feces to a receptacle or other place suitable for the disposal of waste, trash, or debris.
d. Fines of Violation. Violation of this regulation shall be punished by a fine of fifty ($50.00) dollars for each occurrence.
e. Enforcement. Violation of this regulation shall be enforced in accordance with law, provided, however, that, if simultaneously with the issuance of a complaint hereunder, a complaint is issued pursuant to G.L., c. 40, s. 21D, and that complaint is disposed of pursuant to said act and CBC, subsection 16-32.3, the complaint issued hereunder shall be deemed disposed of.
f. Exemption. This regulation shall not apply to a dog accompanying any handicapped person who, by reason of his/her handicap, is physically unable to comply with the requirements of this subsection, or any individual over sixty-five (65) years of age accompanying a licensed dog.
g. Severability. The provisions of this subsection are severable; and if any of the provisions of this subsection shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
(CBC 1975 Ord. T14 § 291; Ord. 1979 c. 34; Recodified by Ord. 1991 c. 5 § 24; Ord. 2004 c. 13 § 2) Penalty, see subsection 16-32.6