618.01  ANIMAL CONFINEMENT, DOGS, AND OTHER ANIMALS RUNNING AT LARGE.
   (a)   No person who is the owner, keeper or harborer of any animals shall permit it to run at large upon any public way or ground, upon unenclosed land or upon any premises in the City of Newark other than those owned or occupied by the owner, keeper or harborer of such animal.
   (b)   No owner, keeper or harborer of any dog shall permit such dog to be at large beyond the premises of such owner, keeper or harborer or to enter upon any property, public or private, not that of the owner (other than by invitation of the owner thereof), when it is not securely restrained by a leash at all times and under the reasonable control of some person.
   (c)   Except when accompanied by the owner, keeper or harborer of the dog and subject to the provisions of subsection (b) hereof, no owner, keeper or harborer of any dog shall fail to keep the dog physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, tether, adequate fence, supervision or secure enclosure to prevent escape or fail to keep such dog under reasonable control.
   (d)   The owner, keeper or harborer of each cat shall keep such cat either confined upon the premises of the owner, keeper or harborer or under reasonable control of some person.
   (e)   The running at large of any animal in or upon any of the places mentioned in this section is prima-facie evidence that it is running at large in violation of this section.
   (f)   Any animal found to be running at large in violation of subsection (a) of this section shall be seized and impounded, the cost thereof to be charged to the owner, keeper or harborer of such animal. A dog found to be off the premises of the owner and in violation of subsection (b) hereof but otherwise under the reasonable control of the owner shall not be subject to seizure and impoundment as set forth herein. Upon the impounding of such animal, the owner, keeper or harborer of such animal or fowl shall be cited for a violation of subsection (a) of this section.
   (g)   Subsection (b) hereof shall not apply to any police or service animal in training or in active service or to any dog actively engaged in a public exhibition or event.
   (h)   (1)   Whoever commits a violation of subsection (a) or (c) of this section that involves a dog that is not a nuisance dog, dangerous dog, or vicious dog shall be fined not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00) on a first offense, and on each subsequent offense shall be fined not less than seventy-five dollars ($75.00) or more than two hundred fifty dollars ($250.00) and may be imprisoned for not more than thirty days.
      (2)   In addition to the penalties prescribed in subsection (h)(1) of this section, if the offender is guilty of a violation this section that involves a dog that is not a nuisance dog, dangerous dog, or vicious dog, the court may order the offender to personally supervise the dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both.
   (i)   (1)   Whoever commits a violation of subsection (a) or (c) of this section that involves a nuisance dog is guilty of a minor misdemeanor on the first offense and of a misdemeanor of the fourth degree on each subsequent offense involving the same dog. Upon a person being convicted of or pleading guilty to a third violation hereof involving the same dog, the court shall require the offender to register the involved dog as a dangerous dog.
      (2)   In addition to the penalties prescribed in subsection (i)(l) of this section, if a violation of this section involves a nuisance dog, the court may order the offender to personally supervise the nuisance dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both.
   (j)   (1)   Whoever commits a violation of subsection (a) or (c) of this section that involves a dangerous dog is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense. Additionally, the court may order the offender to personally supervise the dangerous dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both, and the court may order the offender to obtain liability insurance pursuant to Section 618.15(d).  The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner's expense.
      (2)   With respect to a violation of subsection (a) or (c) of this section that involves a dangerous dog, until the court makes a final determination and during the pendency of any appeal of a violation of that division and at the discretion of the dog warden, the dog will be confined or restrained in accordance with Section 618.15(b) or at the county dog pound at the owner's expense.
   (k)   (1)   Whoever commits a violation of subsection (a) or (c) of this section that involves a vicious dog is guilty of one of the following:
         A.   A felony of the fourth degree if the dog kills a person. Additionally, the court shall order that the vicious dog be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner's expense.
         B.   A misdemeanor of the first degree if the dog causes serious injury to a person. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner's expense.
         C.   If no person is killed or seriously injured as presrcribed above during the commission of a violation of subsection (a) or (c) of this section, the offense shall be punishable as if the dog were a dangerous dog pursuant to subsection (j)(l) and (j)(2) of this section.
      (2)   If the court does not order the vicious dog to be destroyed under subsection (k)(1)B. of this section, the court shall issue an order during the pendency of any appeal the dog shall be confined or restrained in accordance with the provisions described in Section 618.15(b)(l), (b)(2), and (b)(3) hereof or at the county dog pound at the owner's expense.
   (l)   Whoever violates subsection (b) of this section is guilty of a minor misdemeanor for a first offense; for a second offense, such person is guilty of a misdemeanor of the fourth degree; for each subsequent offense, such person is guilty of a misdemeanor of the third degree. Additionally, if the owner, keeper or harborer is found to be guilty pursuant to subsection (b) of this section, the court may order the owner, keeper or harborer to personally supervise the dog that he or she owns, keeps or harbors or to cause the dog to complete dog obedience training or both.
(Ord. 90-26.  Passed 7-2-90; Ord. 04-43.  Passed 11-15-04; Ord. 07-30.  Passed 7-16-07; Ord. 14-04B.  Passed 5-19-14; Ord. 14-09.  Passed 6-2-14; Ord. 16-07-A.  Passed 4-4-16; Ord. 17-06.  Passed 3-6-17.)