[nagdu] City Ordinances in regards to dog waste - Examples

[Steven Johnson]

Very interesting.  The biggest thing that jumps out at me with this is the date of 1989 which predates the ADA.  Wonder if they brought their laws in line with the ADA they would realize that most handlers are very responsible and do  indeed pick up after our dogs?  This is that slippery slope thing that I talked about before in the sense that we see a very same concern with people passing their dogs off as service dogs attempting to get into places of public accommodation, so why not claim that one has a disability that exempts them from picking up after their dog...what a crappy orginance...just saying!  Thanks though, this was good to read!

Steve


-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Dailyah Patt
Sent: Saturday, June 23, 2012 8:42 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] City Ordinances in regards to dog waste - Examples

Didn't think this would spark so much debate, but idea exchange is always great.  I just pulled up a city code that I happen to know has one of these kind of exemptions so everyone can see an example of one that's only for Guide Dogs.  Right below Newark is an excerpt from Fremont's municipal code (the two cities are right next to one another)...read to the end of the excerpt and you'll see that Fremont is far more liberal in their exemptions.  I won't bother including it, but Union City borders both Fremont and Newark - Union City has no exemptions for anyone in their code.

Enjoy?
Dailyah


City of Newark, CA
6.28.210 - Dog cleanup responsibility.
Any person owning or having custody or control of any dog shall not permit such dog to damage or destroy public property or the property of another person, or to allow the dog to defecate on any street, sidewalk, park or parkway or upon any private property without the consent of either the owner or occupant of such property without immediately removing the resulting excrement. The excrement so removed shall be disposed of in a safe and sanitary manner. Persons using seeing-eye dogs are exempt from this section.
(Ord. 254 § 1, 1989)


FREMONT, CA

(5)    Any person having custody or control of any dog to fail to immediately remove, seal in a paper or plastic bag, or other sealable container, and deposit in a waste receptacle, the contents of which are regularly emptied, any feces deposited by such dog on any public street, sidewalk, parking strip, park or trail or upon any private or other public property without the consent of the owner or person in charge of such property. Alternatively, the feces may be picked up and removed by means of a device manufactured for such purposes.
(6)    Any person owning, having custody or control of any dog while in or on a public street, sidewalk, park or trail, to fail to have in such person’s immediate possession a sealable paper or plastic bag, or other sealable container, or a device manufactured for such purposes, for the picking up, removal and sanitary disposal of animal feces.
(7)    Any person owning, having custody or control of any dog while in or on a public street, sidewalk, park or trail, to fail or refuse to show on demand of any animal services officer or, while in a city park, of any park ranger, a sealable paper or plastic bag, or other sealable container, or a device manufactured for such purposes, for the picking up, removal and sanitary disposal of animal feces which may be deposited by that dog.
The provisions of subsections (5), (6), and (7) hereof shall not apply to a disabled or vision impaired person whose disability or impairment would prevent the picking up of the feces, nor to a person using a dog trained in rescue while engaged in a city-recognized emergency or rescue activity.
(Ord. No. 1116, § 1, 10-12-76; Ord. No. 2155, § 2, 2-20-96; Ord. No. 2214, § 1, 1-14-97.) _______________________________________________
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