Newark Municipal Code Ch. 6.40 Nuisances and Prohibited Animals

It is unlawful and a nuisance for:

A. Any person owning, keeping or having the care or custody of any animal to knowingly permit or suffer the animal, by any barking or other noise or sound, to disturb any other person's peace and quiet. This section shall not be construed to prohibit the keeping of any watchdog, provided the keeper thereof takes immediate steps to quiet the dog whenever it barks, and provided such keeper never leaves such dog unattended on the premises in a place where its barking, if prolonged, disturbs any other person's peace and quiet, or results in three or more substantiated complaints being filed within a sixty day period with the animal control officer;

B. Any person owning, keeping or having the care or custody of any animal to allow, permit or suffer the animal to damage or destroy the property of another person or public property, or to repeatedly deposit its body waste or matter upon such property, or when the action results in three or more substantiated complaints being filed within a sixty day period with the animal control officer;

C. Any person owning, keeping or having the care or custody of any animal to allow, permit or suffer the animal to cause unsanitary, dangerous or offensive conditions due to inadequate care or facilities, or due to the size, type or number of animals maintained at a single location;

D. Any person owning, keeping or having the care or custody of any animal to allow, permit or suffer the animal to molest, attack or otherwise interfere with the freedom of lawful movement of persons or to chase vehicles or to attack other domestic animals or in any other way create a nuisance;

E. No person, after being informed orally or in writing that his/her animal has violated this section, shall fail, refuse or neglect to take whatever steps or use whatever means are necessary to assure the animal or condition does not continue to be a nuisance.

(Ord. 159 Art. III § 1, 1979)

A. It is unlawful to own, keep, have custody or care for any:

1. Venomous member of class Arachnida, such as but not limited to black widow spiders and scorpions;

2. Class Reptilia, order Loricata, such as but not limited to alligators, caimans and crocodiles; order Squamata, family Boidae, such as but not limited to anacondas, boa constrictors and pythons;

3. Venomous members of the class Reptilia, such as but not limited to cobras, rattlesnakes and coral snakes;

4. Class Aves, order Falconiformes, such as but not limited to hawks, eagles and vultures; order Struthioni-formes, such as but not limited to cassowaries, ostriches and rheas;

5. Class Mammalia, order Artiodactyla, excepting livestock, and including but not limited to the family Bovidae (antelopes, bison, gazelles, wild goats and wild sheep); family Camelidae (alpacas, llamas); family Cervidae (deer and elk); family Suidae (wild pigs); order Carnivora, excepting the family Canis familaris (domestic dog) and family Felis domesticus (domestic cat), but including such as, but not limited to, the family Canidae (cape hunting dogs, coyotes, dingos, jackals, foxes and wolves); family Felidae (bobcats, cougars, junglecats, leopards, leopard cats, lions, lynxes, margays, ocelots and servals); order Marsupialia, family Macropodidae, such as but not limited to kangaroos and wallabies; order Primate, family Cercopithecidae, such as but limited to mandrills; family Simiidae, such as but limited to gorilla and orangutan; order Perrissodactyla, family Equidae, such as but not limited to wild ass, wild horses and zebras; order Rodentia, family Erethizontidae, such as but not limited to porcupines.

B. Exception. The following persons may own, keep, have custody or care of prohibited animals enumerated in subsection A of this section by obtaining a temporary exotic animal permit for a period not to exceed six months:

1. Owners who use animals for diagnostic purposes or research, and who have a valid permit issued by a governmental agency and whose animals are kept on the premises specified in the permit;

2. Owners who use animals for teaching purposes in recognized educational institutions certified by the state and whose animals are kept on the premises of the institution or other authorized place;

3. Owners of establishments which treat or board animals on the premises and which are owned or operated by veterinarians licensed by the state or individuals certified by the state who treat or board animals on the premises.

(Ord. 159 Art. III § 2, 1979)