[HISTORY: Adopted by the City Council of the City of El Paso
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 315.
[Adopted as Ch. 6.04 of the 1979 Code]
A.
It is unlawful to permit any cattle, horse, swine, sheep, goats or poultry to run at large in the City. Any such animal running at large in any public place in the City shall be impounded in the manner provided in Article II of this chapter.
B.
It is further unlawful to picket or tie any such animal in any of
the streets of the City for the purpose of grazing or feeding.
[Amended 1978 by Ord. No. 507]
It is unlawful to harbor or keep any animal or bird which, by
causing frequent or long-continued noise, disturbs the peace, comfort
or repose of any person or persons in the vicinity. For the purposes
of this section, noises occurring between the hours of 7:00 p.m. and
7:00 a.m. are more disturbing and unnecessary than noises occurring
between the hours of 7:00 a.m. and 7:00 p.m. and high-pitched noises
are more disturbing and unnecessary than are low-pitched animal noises.
In addition, repetitious sounds are more disturbing and unnecessary
than intermittent sounds.
The members of the Police Department, or any other person in
the City, are authorized to kill any dangerous animal of any kind
when it is necessary for the protection of any person or property.
[Amended 1978 by Ord. No. 507]
A.
No domestic animal afflicted with a contagious or infectious disease
shall be allowed to run at large, or to be exposed in any public place
whereby the health of man or beast may be affected; nor shall such
diseased animal be shipped or removed from the premises of the owner
thereof, except under the supervision of the Chief of Police, County
Health Department, or Department of Agriculture.
B.
It is the duty of the Board of Health to secure such disposition
of any diseased animal and such treatment of affected premises so
as to prevent the communication and spread of the contagion or infection,
except in cases where the State Veterinarian is empowered to act.
[Amended 1957 by Ord. No. 507]
No person shall cruelly treat any animal in the City in any
way. Any person who inhumanely beats, underfeeds, overloads or abandons
any animal shall be deemed guilty of a violation of this section.
A.
No person shall cause or allow any stable or place where any animal
is or may be kept to become unclean or unwholesome.
[Adopted 1978 by Ord. No. 499 (Ch. 6.08 of the 1979 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Includes all members of the family Canidae four months or
more of age.
Any person having a right of property in a dog, or who keeps
or harbors a dog, or who has it in his care, or acts as its custodian,
or who knowingly permits a dog to remain on or about any premises
occupied by him. If such person is a minor, then the parent or guardian
with whom such child resides shall be considered to be the "owner"
of such dog.
Nothing in this article shall be regarded or interpreted as
relieving any dog owner in the City from complying with all requirements
of the Woodford County Animal Control Act, including the requirements
of registering dogs with the county, inoculating dogs against rabies,
and the requirements concerning dangerous dogs and dog bites.
[1]
Editor’s Note: Former § 115-10, License required;
fees, as amended, and § 115-11, Collar and tag required, were
repealed 11-4-2019 by Ord. No. 1024.
[Added 1998 by Ord. No. 723]
It is unlawful to permit any dog to run at large within the
limits of the City. A dog shall not be deemed to be running at large
if the dog is on the property of the dog owner or on the property
of anyone else with the consent of such property owner. For purposes
of this section, an individual's property shall be deemed to include
that portion of the City street between the surface of the street
and the lot line of the property owner, but shall not include any
sidewalk. Any dog found upon any place within the City other than
on the owner's own property or on the property of a consenting owner
shall be deemed running at large unless such dog is firmly held on
a leash or is in an enclosed vehicle.
[Amended 1998 by Ord. No. 723]
A.
Any dog found upon any public street or highway, or any dog running
at large, shall be impounded by order of the Police Department. The
dog shall be impounded at any existing or available public pound,
whether or not located in the City.
[Amended 11-4-2019 by Ord. No. 1024]
B.
In case the owner of any impounded dog desires to make redemption
thereof, he may do so according to the following conditions:
(1)
He must present proof of current rabies inoculation, as required
by the Woodford County Animal Control Act. In the event the dog has
not been inoculated against rabies as required by the county, the
owner must pay for such inoculation.
[Amended 2-6-2017 by Ord.
No. 994; 11-4-2019 by Ord. No. 1024]
(2)
He must pay the pound for the board of the dog for the period it
was impounded. City impoundment costs are set forth in the fee schedule.
[Amended 2-6-2017 by Ord.
No. 994]
(3)
He will be issued a written citation for the first such occasion
such dog was apprehended running at large, and pay a fine of $25 for
each subsequent occasion. The reclamation fee, and any impoundment
costs, shall be paid to the City before the dog is authorized for
release.
C.
When not redeemed by the owner within seven days, including the date
of impoundment, a dog which has been impounded for running at large
in accordance with the provisions of this article shall be humanely
dispatched, offered for adoption or otherwise disposed of by the pound
as a stray dog in accordance with laws that exist or may hereafter
exist.
[Amended 11-4-2019 by Ord. No. 1024]
D.
This article shall not prevent humane societies from engaging in
activities set forth by their charters; provided they are not inconsistent
with the provisions of this article and other existing laws.[1]
[1]
Editor’s Note: Former Subsection E, requiring a registration
fee for any person purchasing or adopting a dog, and which immediately
followed this subsection, was repealed 11-4-2019 by Ord. No. 1024.
[Added 1998 by Ord. No. 723]
A.
No dog kennels shall be permitted within the corporate limits of
the City except by special use permit granted by the City Council
following a hearing held before the El Paso Zoning Board of Appeals.
A dog kennel shall be defined as four or more dogs over the age of
four months housed in one location. Notwithstanding the foregoing,
any dog kennel in existence within the City on January 1, 1998, shall
not be expanded to house additional dogs without obtaining a special
use permit. Four or more dogs shall be deemed to be a dog kennel,
regardless of whether any commercial or profit motive is involved
in keeping the dogs. The dogs need not be currently owned by the property
owner or the dog kennel owner as the keeping of dogs shall also be
deemed to be a dog kennel if four or more dogs over the age of four
months are kept in the location, even temporarily.
[Amended 2-6-2017 by Ord.
No. 994]
B.
Any special use allowing the dog kennel may be revoked upon reasonable
cause following a public hearing if the dog kennel disrupts the adjoining
neighborhood because of excessive noise from the dogs.
