§ 53.110 PURPOSE.
   (A)   Elimination of pet waste. This subchapter establishes requirements for the proper disposal of pet solid waste in the town, so as to protect the public health, safety and welfare, and to prescribe penalties for failure to comply.
   (B)   Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   IMMEDIATE. The pet solid waste is removed at once, without delay.
   OWNER or 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.
   PERSON. Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
   PET. A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
   PET SOLID WASTE. Waste matter expelled from the bowels of the pet; excrement.
   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.
   (C)   Requirements 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. Disposal of pet waste in the storm drains is prohibited.
   (D)   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)   Violations and penalty. The town hereby requires all homeowners' associations and business to maintain a policy to eliminate improper pet waste disposal to be in compliance with their storm water management permit. All new development applications shall include in the conditions of rezoning a condition that the covenants, conditions, and restrictions of the HOA include a written pet waste policy, and shall be required by this subchapter to maintain pet waste stations throughout any new residential developments.
(Ord., passed 9-13-21)