Newark Municipal Code Ch. 6.08 Definitions

For the purpose of this title, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this title are defined as set forth in this chapter.

(Ord. 159 Art. I § 1 (part), 1979)

"Animal" means any vertebrate, including but not limited to horse, cow, goat, swine, sheep, dog, cat, or any other dumb beast and all other animals referred to in this title.

(Ord. 159 Art. I § 1 (part), 1979)

"Animal control officer" means any employee of the city and/or under contract with the city designated by the police chief to enforce the provisions of this title.

(Ord. 159 Art. I § 1 (part), 1979)

"Animal keeper" means any public or private person, organization, corporation, business or service engaged in the breeding, buying, selling, boarding, keeping, treating, grooming, or care of live animals.

(Ord. 159 Art. I § 1 (part), 1979)

"Animal shelter" means the animal services and placement center owned or operated by or under contract with the city for the care, confinement or detention of animals.

(Ord. 159 Art. I § 1 (part), 1979)

"Apiary" means the premises wherever bees, hives, and associated appliances are located.

(Ord. 159 Art. I § 1 (part), 1979)

"At large" means the condition wherein an animal is off the premises of its owner or keeper and is not under secure restraint by a substantial leash, chain or halter (not to exceed six feet in length for dogs), or not otherwise controlled by a person competent to keep such animal under effective charge and control. For the purpose of this chapter, any animal in or upon any vehicle shall be deemed to be on the premises of its owner or keeper.

(Ord. 159 Art. I § 1 (part), 1959)

"Bees" means honey-producing insects of the species Apis Mellifica, including the adults, eggs, larva, pupa, or other immature stages thereof, together with such materials as are deposited into hives, except rendered honey or beeswax.

(Ord. 159 Art. I § 1 (part), 1979)

"Cat" means the domestic cat (Felis catus) and includes female as well as male.

(Ord. 159 Art. I § 1 (part), 1979)

"City" means the city of Newark and the incorporated area of the city.

(Ord. 159 Art. I § 1 (part), 1979)

"Dangerous or vicious animal" means any animal which is inherently a physical threat to human beings or other animals.

(Ord. 159 Art. I § 1 (part), 1979)

"Dog" means the domestic dog (Canis familiaris) and includes female as well as male.

(Ord. 159 Art. I § 1 (part), 1979)

"Domestic pet" means any of the various animals customarily kept as household pets (except exotic animals).

(Ord. 159 Art. I § 1 (part), 1979)

"Exotic animal" means any of the following:

A. Following members of the class Aves: Order Columbiformes, such as doves and pigeons, when kept in excess of four;

B. Following members of the class Mammalia: Order Marsupialia, family Didelphidae, such as but limited to oposum; Order Carnivora, family Procyonidae, such as but not limited to raccoons; order Primate, family Cebidae, such as but not limited to spider monkeys, howler monkeys, capuchins, and all those commonly know as New World monkeys; family Lasiopygidae, such as but not limited to rhesus monkeys; family Simiidae, limited to chimpanzees; order Rodentia, family Heteromydae, such as but not limited to pocket mice, kangaroo mice, kangaroo rats;

C. Following members of the class Reptilia: order Testudinata, such as but not limited to the snapping turtle;

D. Any species of animal, except guard dogs, when kept, maintained or harbored in such numbers or in such a manner as to constitute the likelihood of danger to the animals themselves, to human beings, or to the property of human beings, or a nuisance, as enumerated in Chapter 6.40;

E. Any species of animal, bird, fish, insect, spider or reptile which is venomous to human beings, whether its venom is transmitted by bite, sting, touch, or other means, except honey-producing bees.

(Ord. 159 Art. I § 1, 1979)

"Fence" means wire, wood, metal, masonry, or other material, at least four feet in height, used as an enclosure for a yard, lot or field to effectively confine livestock within a specific area. Fences that are not solid and view obscuring shall not be considered as effectively confining livestock, unless the horizontal and vertical members (wires, rails and posts) are securely fastened together and firmly anchored into the ground, providing a barrier beyond which the livestock cannot penetrate.

(Ord. 159 Art. I § 1 (part), 1979)

"Hive" means any receptacle made or prepared for the use of bees or any box or container of which bees have taken possession.

(Ord. 159 Art. I § 1 (part), 1979)

"Horse" means mule, burro, pony, jack, hinny and jenny.

(Ord. 159 Art. I § 1 (part), 1979)

"Impoundment" means to take possession of and hold in the custody of the animal control officer.

(Ord. 159 Art. I § 1 (part), 1979)

"Livestock" means domestic animals customarily kept, used, maintained or raised on a farm or ranch for commercial purposes, including but not limited to horses, ponies, burros, mules, donkeys, cows, steers, sheep, goats, chickens, ducks, geese, swine and rabbits.

(Ord. 159 Art. I § 1 (part), 1979)

"Person" means any individual, partnership, corporation, trust or association.

(Ord. 159 Art. I § 1 (part), 1979)

"Police chief" means the police chief of the city or his designated representative.

(Ord. 159 Art. I § 1 (part), 1979)

"Stable" means a building or portion thereof or other enclosure used to confine, feed, exercise, show, or provide shelter for horses, cows, or other hoofed animals, whether for private, public or commercial use. "Stable" includes but is not limited to stall, corral, paddock, barn, exercise area and arena, along with structures accessory thereto, but does not include pastures.

(Ord. 159 Art. I § 1 (part), 1979)

"Unlicensed dog" means a dog for which the license for the current year has not been paid, or to which the tag provided for in this Chapter 6.16 is not attached.

(Ord. 159 Art. I § 1 (part), 1979)

"Vicious or dangerous dog" means any dog which has a known propensity to attack, bite, scratch or harass people or other animals.

(Ord. 159 Art. I § 1 (part), 1979)

"Wild animal" means any animal not ordinarily and customarily domesticated, including but not limited to skunk, raccoon, opossum, squirrel fox, and mountain lion, but under human control.

(Ord. 159 Art. I § 1 (part), 1979)