[R.O. 1966 § 6:1-1; Ord. 6 S+FE, 9-6-1995; Ord.
6 S+FI, 5-17-2006); Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
As used in this chapter:
Shall mean and refers to an internal operational part of
the Division of Environmental Health, Department of Health and Community
Wellness.
Shall mean any canine, dog, bitch or spayed bitch.
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
Shall mean any room or group of rooms, cage, or exhibition
pen, not part of a kennel, wherein dogs for sale are kept or displayed.
Shall mean any establishment wherein or whereon the business
of boarding or selling dogs or other pets, or breeding dogs for sale
is carried on.
Shall mean any person who shall possess, maintain, house,
or harbor any pet or otherwise have custody of, property right to,
or care for any pet, whether or not the owner of such pet.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any domesticated animal, other than a disability
assistance animal, kept for amusement or companionship, including
but not limited to dogs, cats, hamsters, guinea pigs, and rabbits.
Shall mean an establishment containing a store, room or group
of rooms, cages or exhibition pens, not part of a kennel, wherein
pets are kept for sale, excluding, however, such places wherein dogs
are exclusively kept for sale.
Shall mean any waste matter expelled from the bowels of a
pet; excrement.
Shall mean any establishment for the confinement of dogs,
or other pets, that are seized either under the provisions of this
chapter or otherwise.
Shall mean an establishment where dogs, or other pets, are
received, housed and distributed without charge.
Shall mean any dog or dog hybrid declared vicious by a Municipal Court pursuant to Section 6:1-65 and N.J.S. 4:19-22.
[1]
Editor's Note: "Annual Canvass of Dogs by Chief of Police."
This section has not been continued in the 2000 Revised General Ordinances.
[R.O. 1966 § 6:1-3]
No person owning, keeping or harboring any dog shall suffer
or permit it to run at large upon the public streets or in any public
park, public building or any other public place within the City.
|
CROSS REFERENCE: For provision in these Revised General Ordinances
treating the running at large of vicious dogs as a nuisance, see Section
16:15.1a, 9.
|
[1]
Editor's Note: For State Statute authorizing a municipality
to restrict animals from running at large, see N.J.S. 40:48-1.
[R.O. 1966 § 6:1-4]
No person owning, keeping or harboring any dog shall suffer
or permit it to be upon the public streets or in any public place
of the City unless such dog is accompanied by a responsible person,
and is securely confined and controlled by an adequate leash not more
than six feet long.
[R.O. 1966 § 6:1-5]
No dog with an infectious or contagious disease shall be brought
into the City or be kept within the City except by written permission
of the Health Officer of the City.
[1]
Editor's Note: For State law relating to rabies, see N.J.S.
26:4-78 et seq. See also "The State Sanitary Code" of the State Public
Health Council, Chapter III relating to importation and quarantine
of certain animals, including dogs.
[1]
Editor's Note: "Muzzling Required in Certain Months" has not
been continued in the 2000 Revised General Ordinances.
[R.O. 1966 § 6:1-7]
a.
The Mayor, with the consent of the Council, may, whenever the public
safety may so require, issue a proclamation authorizing the destruction
of any dog found running at large in the City without being properly
muzzled with a wire muzzle securely fastened about the nose.
b.
Such proclamation shall be published in two daily newspapers published
in the City. No dog shall be killed until such publication of the
proclamation has been given for one day.
c.
The Governing Body may appoint one or more persons to destroy unmuzzled
dogs running at large after the issuance of such proclamation. Any
such persons so appointed shall have full power and authority, and
they are hereby authorized to destroy any such dogs found running
at large. Such proclamation as provided in paragraphs a and b of this
section shall be a justification to all such persons who may destroy
any such dog, found running at large, as aforesaid, during the time
the proclamation shall remain in force, unless sooner revoked by the
Mayor with the consent of the Council.
d.
No dog which is accompanied by its owner shall be destroyed under
the authority of such proclamation.
[1]
Editor's Note: For State Statute authorizing the destruction
of unmuzzled dogs after issuance of a proclamation and the appointment
of dog killers, see N.J.S.A. 26:4-90 et seq.
[R.O. 1966 § 6:1-10]
No person shall keep, harbor or maintain any dog in violation of the provisions of Section 20:3-13e of these Revised General Ordinances, relating to prohibited noises.
[R.O. 1966 § 6:1-11]
a.
No person, having the right to prevent such act, shall knowingly,
carelessly or negligently permit any dog to commit any nuisance in,
on or upon any of the places or premises specified in this section.
Nor shall any such person omit to do any reasonable and proper act
or to take any reasonable and proper precaution to prevent any such
dog from committing any such nuisance in, on or upon any of the places
or premises.
b.
For the purposes of this section, dog nuisances shall not be permitted
in, on or upon the following places and premises;
1.
Any sidewalk of any public place, street, avenue, park, public square
or place in the City;
2.
The floor of any multi-family dwelling which is used in common by
the tenants thereof;
3.
The fences or lawns of any premises;
4.
The walls or stairways of any building abutting on a public street,
avenue, park, public square or place;
5.
The floor of any theater, store, factory or of any building which
is used in common by the public, including all public rooms or places
therewith connected;
6.
The floor of any depot or station, the station platform or stairs
of any railroad or other common carriers;
7.
The roof of any multi-family dwelling used in common by the tenants
thereof;
[R.O. 1966 C.S. § 6:1-18.1; Ord.
6 S+FI, 5-17-2006; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014; Ord. 6PSF-A(S), 1-7-2016; Ord. 6PSF-F, 6-15-2016]
a.
It shall be the duty of all owners and keepers of a pet to immediately
remove and properly dispose of their pet's solid waste deposited on
any property, public or private, not owned or possessed by that person.
b.
Owners and keepers must place the pet solid waste in a designated
waste receptacle, or other suitable non-leaking container and discard
it in a refuse container regularly emptied by the municipality or
other refuse collector or, disposal into a system designed to convey
domestic sewerage for the purpose of treatment and disposal.
c.
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while such
animal is being used for that purpose.
d.
The provision of this Article shall be enforced by any of the following
agencies of the City of Newark: the Department of Public Works, the
Newark Division of Police, or the Department of Health and Community
Wellness.
e.
Except as otherwise provided in this section or required by State
law, any person convicted of violating any provision of this section
shall be fined in a sum of not more than $500, nor less than $10.
[1]
Editor's Note: See Title XV for administration and regulation
of solid waste, generally.
[R.O. 1966 § 6:1-12; Ord. 6PSF-A(S), 1-7-2016]
a.
The Council shall have the power to appoint one or more Dog Wardens,
or to enter into contracts with persons to serve as such Dog Wardens.
The Dog Wardens shall catch and impound dogs running at large in violation
of the provisions of this chapter or otherwise subject to seizure
and impoundment in accordance with ordinance or law.
b.
The Council may enter into the necessary contracts with the Associated
Humane Society or similar organizations to provide shelter or board
for dogs caught pursuant to this chapter.
c.
Nothing contained in this section, however, shall be construed as
limiting the duty or authority of the Chief of Police or of any member
of the Division of Police to enforce the provisions of this Title
VI.
[R.O. 1966 § 6:1-13; Ord. 6 S+FE, 5-2-2001 § 1]
The Animal Control Officer shall take into custody and impound or cause to be taken into custody and impounded and thereafter destroyed or disposed of as provided in Section 6:1-15 hereof:
a.
Any dog off the premises of the owner or of the person keeping or
harboring such dog which the Animal Control Officer or his/her agents
have reason to believe is a stray dog;
b.
Any dog off the premises of the owner or of the person keeping or
harboring such dog without a current registration tag on its collar;
c.
Any female dog in season off the premises of the owner or of the
person keeping or harboring such dog.
d.
Any dog which is impounded by the City's Animal Control Unit shall
require a $15 transportation fee from the dog's owner prior to its
release from the pound. Any unwanted dog which is picked up by the
City's Animal Control Unit at the owner's behest shall require a $15
transportation fee from the owner prior to its transport to the pound.
[1]
Editor's Note: For State Statutes authorizing the impounding
of dogs, see N.J.S.A. 4:19-15.16 and N.J.S.A. 40:48-1.
[R.O. 1966 § 6:1-14]
a.
If any dog seized pursuant to the preceding section wears a collar
or harness having inscribed thereon or attached thereto the name and
address of any person or a registration tag, or the owner or the person
keeping or harboring such dog is known, the Animal Control Officer
shall forthwith serve on the person whose address is given on the
collar, or on the owner or the person keeping or harboring such dog,
if known, a notice in writing stating that the dog has been seized
and will be liable to be disposed of or destroyed if not claimed within
seven days after the service of the notice.
b.
A notice under this section may be served either by delivering it
to the person on whom it is to be served, or by leaving it at the
person's usual, or last known place of abode, or at the address given
on the collar, or by forwarding it by post in a prepaid letter addressed
to that person at his/her usual or last known place of abode, or to
the address given on the collar.
c.
When any dog so seized has been detained for seven days after notice
can be given as above set forth, or has been detained for seven days
after seizure, when notice cannot be given as above set forth, and
if the owner or person keeping or harboring such dog has not claimed
such dog and paid all expenses incurred by reason of its detention,
including maintenance not exceeding $1 for the first day and $0.50
per day thereafter, and if the dog is unlicensed at the time of seizure
and the owner or person keeping or harboring such dog has not produced
a license and registration tag for such dog, the Animal Control Officer
may cause the dog to be destroyed in a manner causing as little pain
as possible.
d.
Any impounded dog which is affected with an incurable or contagious
disease may be destroyed at once.
[R.O. 1966 § 6:1-15]
Any officer or agent authorized or empowered to perform any
duty under this chapter is hereby authorized to go on any premises
to seize for impounding any dog which he or she may lawfully seize
and impound, when such officer or agent is in immediate pursuit of
such dog, except upon the premises of the owner of the dog if such
owner is present and forbids the same.
[R.O. 1966 § 6:1-16]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
|
CROSS REFERENCE: For general prohibition against interference
with Police Officer, see Chapter 5, Title XX of these Revised General
Ordinances.
|
[R.O. 1966 § 6:1-17]
License fees and other moneys collected or received under the provisions of Sections 6:1-15, 6:1-28, or 6:1-38 of this chapter, except registration tag fees, shall be forwarded to the Department of Finance, Revenue Collection Division, in accordance with City of Newark depository policies/procedures. Such funds shall be placed in a special account separate from any of the other accounts of the City. Such funds shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this chapter; for local prevention and control of rabies; for providing anti-rabic treatment under the direction of the Animal Control Officer; for any person known or suspected to have been exposed to rabies; for all other purposes prescribed by the Statutes of New Jersey governing the subject; and for administering the provisions of this chapter. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following, and may be used for any of the purposes set forth in this section. At the end of the third fiscal year following and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the City any amount then in such account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
The registration tag fee of $0.50 for each dog shall be forwarded
to the State Department of Health within 30 days after collection
by the Animal Control Officer.
