Newark Municipal Code Ch. 6.28 Regulations—generally

Any person in possession or control of an animal which is a vicious or dangerous animal, as defined in Chapter 6.08, shall not permit the animal to be or remain in or on any public place or premises in the city unless the animal is properly and effectively muzzled or under restraint by a substantial leash, chain, or halter (not to exceed six feet in length for dogs) and under the control of a competent person to keep the animal under effective charge and control. This requirement is supplementary to any and all limitations and conditions which may be imposed upon the person by means of other permit specifications or conditions as may be required by this title.

(Ord. 159 Art. V § 11, 1979)

Whenever it is shown that any dog, cat or other animal has bitten any person or animals, or exhibits evidence of rabies, no owner or person having custody or possession thereof, upon order of the county health officer (or any person exercising the duties of health officer for the city), shall fail, refuse or neglect to quarantine the animal and keep it tied up or confined for a period of ten days for dogs and cats, fourteen days for other animals, or for any other period prescribed by the state, or shall fail, refuse or neglect to allow the health officer or designated deputies to make an inspection or examination thereof at any time during the period. No animal shall be removed or released during the quarantined period without written permission of the health officer, designated deputies, or any person exercising the duties of the health officer for the city. Unless otherwise specified by the health officer, the animals shall be confined in a shelter or veterinary hospital at the owner's expense.

(Ord. 159 Art. V § 6, 1979)

Whenever any person having charge, care, control, custody or possession of any animal has knowledge that the animal has bitten any person or animal, or has been bitten by another animal, the person having charge, care, control, custody or possession of the animal shall report the fact forthwith to the animal control officer. The report shall state the name and address of the person bitten and description of the animal bitten, if any; the time and place where the person or animal was bitten, and any other information so requested by the animal control officer. A copy of the report shall be forwarded by the animal control officer to the county health officer within forty-eight hours.

(Ord. 159 Art. V § 8, 1979)

All cases of animal bites treated by any physician shall be reported by the physician to the animal control officer.

(Ord. 159 Art. XII § 2, 1979)

The head of an animal dying while under isolation shall be submitted to the laboratory of the county health department for examination, if it has been determined that there is a risk of rabies.

(Ord. 159 Art. V § 7, 1979)

No person shall wilfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by any government police agency or private patrol service in the performance of the functions or duties of the department, or interfere with or meddle with any dog while being used by the department or any member thereof in the performance of any of the functions or duties of the department or of the officer or member.

(Ord. 159 Art. V § 9, 1979)

No owner or keeper of an animal shall allow or permit the animal, whether licensed or unlicensed, even though not at large, to be in or upon any private place or premises other than those of the owner or keeper, except with the consent of the person in charge of the private place or premises.

(Ord. 159 Art. V § 10, 1979)

Every owner or keeper of a female dog shall, whenever the dog is in heat, keep it confined within a secure enclosure constructed to prevent digging out or in, containing a top and soundproofed to the degree that attraction of male dogs and disturbance to the neighborhood are minimized.

(Ord. 159 Art. V § 12, 1979)

Every person owning or occupying premises where any animals are kept shall at all times keep the area in a clean and sanitary condition. The animals' feces shall be picked up daily and placed in flyproof containers to be properly disposed of.

(Ord. 159 Art. V § 13, 1979)

All rooms, cages, kennels, runs and primary enclosures in which any animal is kept shall be of sufficient size to adequately allow the animal to exercise.

(Ord. 159 Art. V § 14, 1979)

Any animal maintained outdoors must have adequate shelter and protection from the elements for each animal such that the animal can protect itself from direct rays of the sun and the animal can remain dry in the rain. The shelter must:

1. Be accessible to the animal at all times.

2. Situated to prevent exposing the animal to unreasonable loud noise, or teasing, abuse or injury from another animal or person.

3. Include a roof and floor and protection from the elements.

4. Be of adequate size to allow the animal to stand up, sit, turn around freely or lie down in a normal position.

5. Be equipped with clean and dry bedding materials as necessary.

6. Provide protection from weather elements and allow the maintenance of a temperature that is not harmful to the health of the animal.

7. Be cleaned and maintained in a manner designed to ensure sanitary conditions. Food waste and excreta must be removed as often as necessary to protect the health of the animal and minimize unreasonable noxious odors, allergens, and pests.

(Ord. 159 Art. V § 15, 1979)

(Ord. No. 511, § 1, 2-14-2019)

Every owner or animal keeper shall supply each animal with clean water at all times and with adequate food. Food shall be wholesome and contain sufficient quantity and nutritive value to maintain healthy body weight and meet the normal daily requirements based on the species, condition and size of the animal. Food and water must be kept in containers designed to prevent tipping or secured to the ground or structure. Automatic feeders/water dispensers can be used but must be kept clean and provide wholesome food/water.

(Ord. 159 Art. V § 16, 1979)

(Ord. No. 511, § 1, 2-14-2019)

Every owner or animal keeper is responsible for the health, care and safety of the animal. This responsibility includes, but is not limited to providing competent and necessary medical care and attention.

(Ord. 159 Art. V § 17, 1979)

Any animal, while in transport by vehicle within the city, shall by restrained by a leash, chain, rope, enclosure or other device of sufficient strength and stability to insure that the animal does not escape from the vehicle.

(Ord. 159 Art. V § 18, 1979)

When a chain, rope or other restraint is used to tether an animal, it shall be so placed or attached that it cannot become entangled with the chain of any other animal or with any other object. It shall be affixed by means of a well-fitted collar, and shall be at least four times the length of the animal as measured from the tip of its nose to the base of its tail, and shall allow the animal convenient access to food, water and shelter adequate to protect the animal from the elements.

(Ord. 159 Art. V § 19, 1979)

Any practice existing prior to adoption of this title whereby permitted animals are kept in excessive numbers and/or in nonconforming locations, shall be brought into compliance within two years of the effective date of this code.

(Ord. 159 Art. XII § 4, 1979)

No unattended animal shall be tethered upon or along any public right-of-way.

(Ord. 159 Art. V § 4, 1979)

A. Every person maintaining livestock on any property on which there is no full-time resident custodian who is responsible for the livestock shall either post and maintain signs on the property showing the name, address and telephone number of the person responsible for the safety, feeding and keeping of the animals, or provide and maintain current such information in writing to the animal control officer.

B. The signs shall be of wood, metal or other durable construction and no less than one square foot in area with letters no less than one inch in height of a contrasting background. One sign shall be posted at the main entrance to the enclosure which confines the animals, and additional signs shall be posted no farther than one thousand feet apart along those perimeter fences which front public or private roads or public property.

(Ord. 159 Art. V § 5, 1959)

No person shall display or expose for the purpose of sale, sell, offer for sale, barter, or give away as a prize or otherwise, any baby rabbits, chicks, or ducklings as pets or novelties, where the baby rabbits, chicks, or ducklings have been artificially dyed or colored.

(Ord. 159 Art. XII § 1, 1979)

No person shall place the body of any dead animal in any street, park or public place, or in any public refuse receptacle. The bodies of any dead animals shall be promptly removed within twenty-four hours from the time reported to the animal control officer. In case the owner of the dead animal is known and removal is accomplished by the city, the owner shall pay the cost of removal of the animal. Fees shall be established pursuant to resolution of the city council.

(Ord. 159 Art. XII § 3, 1979)

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)