c. No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to:
1. Soil, defile, defecate on, or commit any nuisance on any common driveway, sidewalk, passageway, bypass, play area, or upon any public property or upon any private property without the permission of the owner of the property. In the event of a violation occurring on private property, only the owner of the property shall have standing to file a complaint alleging a violation of this section. The restriction in this section shall not apply to that portion of the street lying between the curb lines which shall be used to curb such dog under the conditions that the person or occupant who so curbs such dog shall immediately remove all feces deposited by such dog by any sanitary method approved by the Local Board of Health. The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed in accordance with the provisions of this chapter by placing the feces in a waterproof container, properly sealed, and placed in a garbage container, or disposed of in any other sanitary manner. A seeing eye dog which is owned by a person who has been declared to be legally blind shall be exempt from the terms and conditions of this subsection.
2. Soil or defile or do any injury or damage to any lawn, vegetable garden, shrubbery, trees, flowers, driveway, ground or any property of persons other than that of the owner or person having the care, custody or control of such dog.
5-4 IMPROPER DISPOSAL OF PET WASTE PROHIBITED.
The purpose of this section is to establish requirements for the proper disposal of pet solid waste in the Borough of Midland Park, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply
5-4.3 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. (Ord. #10-05, §III)
The provisions of this section shall be enforced by the Police Department and the Local Board of Health of the Borough of Midland Park.
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the following penalties: such penalties that are set forth in the General Provision, Section 1-5 of the Borough Code, in addition, the Borough has the right to bring an action for conjunctive relief to secure compliance with the provision of this section. Should an action for conjunctive relief be instituted, the property owner or responsible party shall be responsible for court costs and attorney fees together with other expenses incurred by the Borough in order to secure compliance with the provisions of this section.