The following definitions shall apply in the interpretation and enforcement of this chapter:
Animal
means any living vertebrate or invertebrate, domestic or wild.
Bovine
is used in its general sense and includes all domesticated bovines (also commonly referred to as cattle) regardless of age, sex or breed.
Caprine
is used in its general sense and includes all domesticated caprines (also commonly referred to as goats) regardless of age, sex or breed.
Cat
means Felis catus.
Collar
means a band, chain, harness or other suitable device worn around the neck of an animal to which a current rabies vaccination and registration tag can be affixed.
Dangerous wild animal
means, regardless of the individual animal's age or health:
(1) 
An animal of a species defined as a "dangerous wild animal" in subchapter E (Dangerous Wild Animals), chapter 822 (Regulation of Animals), of the Texas Health and Safety Code; or
(2) 
An animal of any other species of wild or feral mammal or reptile that by its nature or breeding is capable of inflicting serious bodily injury to a human.
Dog
means Canis familiaris.
Enforcing agency
shall mean the County of El Paso and its Sheriff's Office Animal Control Division and programs.
Equine
is used in its general sense and includes all domesticated equines (also commonly referred to as horses) regardless of age, sex or breed.
Established fee
means a fee that is authorized within this chapter that is the amount established by or through agreement with the City of El Paso or by a resolution of the city council.
Exotic animal
means any animal not commonly domesticated by man. Small caged animals that are typically sold through pet stores, to include rabbits, indoor caged birds, reptiles, amphibians and small mammals (hamsters, guinea pigs, rats, mice and gerbils), fish typically kept in an aquarium or ornamental pond, and ferrets are not exotic animals.
Fowl
means domestic birds excluding roosters, to include chickens other than roosters, ducks, geese and pigeons.
Livestock
means a domesticated equine, bovine, caprine, ovine, swine or any ruminant.
Officer
means an employee of the enforcing agency, employees as designated by the City of El Paso pursuant to an interlocal governmental agreement, a code enforcement or compliance officer of the city, or a commissioned peace officer.
Ovine
is used in its general sense and includes all domesticated ovines (also commonly referred to as sheep) regardless of age, sex or breed.
Owner
means an owner, custodian, caretaker or person who feeds or harbors the subject animal for more than seventy-two hours without the presence of that subject animal being recorded in the records of the enforcing agency as a stray animal. Persons caring for an animal at the specific request of an owner are not included in the definition of owner, but are required to keep the animal in compliance with this code.
Program or animal regulation program
means the City of El Paso's animal services program.
Residential area
means any area within the city limits that has been platted and is within a zoning district that allows for single-family or multiple-family occupancy of the residences.
Small livestock
means domesticated equine, bovine, caprine, ovine, swine or any ruminant that when standing measures less than thirty inches (30") in height at the top of the shoulder regardless of age, sex or breed; or any other domesticated animal that when standing measures less than thirty inches (30") in height at the top of the shoulder other than a dog.
Turtles
includes all animals commonly known as turtles, tortoises, terrapins, and all other animals of the order Testudinata, class Reptilia, except marine species (families Dermachelidae and Chelonidae).
Vaccination
means inoculation of an animal with a vaccine that is licensed by the United States Department of Agriculture, and which is administered by a veterinarian for the purpose of immunizing the animal against rabies and which is administered in compliance with the requirements of section 2.01.004 of this chapter.
Veterinarian
means a doctor of veterinary medicine who holds a valid license to practice his profession in one or more of the fifty United States.
Veterinary clinic
means a facility or hospital for diagnosis and treatment of animals.
Veterinary officer
means a veterinarian or other person officially designated by the city, to include a designation or agreement through an interlocal governmental agreement, to be the veterinary officer.
(Ordinance 0220, art. I, sec. I, adopted 2/10/15; Ordinance 0220-02, sec. I, adopted 2/14/17; Ordinance adopting Code)
(a) 
Right of entry; interference with officer.
(1) 
The veterinary officer and other persons authorized to serve as "officers," as this term is defined by this chapter, shall be primarily responsible for the enforcement of this chapter.
(2) 
The code enforcement or compliance officers of the city are additionally responsible for the enforcement of this chapter and serve as "officers" as this term is defined by this chapter.
(3) 
The sheriff and his deputies shall have full authority to enforce this article as peace officers of the state, to include but not be limited to the issuance of citations for violations of this article.
(4) 
For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, any officer is empowered at all reasonable times, and upon presentation of appropriate credentials, to enter any premises upon which an animal is kept or harbored and to demand the exhibition, by the owner of a dog or cat, of the certificate of vaccination and certificate of registration for such dog or cat. It is further provided that any officer may enter, at all reasonable times and upon the presentation of appropriate credentials, the premises where an animal is kept in an allegedly cruel or inhumane manner and demand to examine or impound such animal, when in his opinion it requires humane treatment. No officer shall, however, enter a private residence for purposes of making an inspection under this chapter without first receiving permission from an occupant of such residence or being authorized to inspect such residence by a magistrate or by order of a court of competent jurisdiction as provided by law.
(5) 
No person shall interfere with, hinder or molest any officer in the performance of his duty.
(6) 
Nothing in this section shall be construed to limit an officer's ability to enter upon premises when a violation of this chapter or other law occurs in their presence and entry is made in accordance with state and federal law.
(b) 
Penalty.
Except as otherwise provided by state law, any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each occurrence shall be deemed to be a separate violation.
(Ordinance 0220, art. I, sec. VIII, adopted 2/10/15; Ordinance adopting Code)
The following shall be considered a public nuisance and shall be unlawful:
(1) 
The keeping of an animal which causes frequent or long-continued noise, barking, howling, meowing, or whining in such a manner, with such intensity, or with such continued duration, so as to annoy, distress or disturb the quiet comfort or repose of persons of ordinary sensibilities within the vicinity of hearing thereof;
(2) 
The keeping of more than seven (7), in any combination, of dogs, cats and ferrets above the age of four (4) months in any of the residential areas within the city limits;
(3) 
The keeping of more than one (1) animal defined as small livestock under this chapter in any of the residential areas within the city limits, provided that residential lot where the animal is kept is a minimum of six thousand (6,000) square feet in size;
(4) 
The keeping of any livestock in any of the residential areas within the city limits other than one (1) small livestock as provided in subsection (3) above;
(5) 
The keeping of more than ten (10), in any combination, of fowl other than a rooster and small caged animals above the age of four (4) months within the city limits;
(6) 
The keeping of more than ten (10), in any combination, of dogs, cats, ferrets and small livestock in any area that is not a residential area when allowed by this chapter; provided, however, livestock of any size may be kept in such an area that is not a residential area that exceeds ten (10) acres in size;
(7) 
The keeping of a rooster within the city limits;
(8) 
The keeping of any animal, animal pen, cage, shelter or yard in such a manner as to endanger the public health or as to annoy neighbors of ordinary sensibilities by the accumulation of feces and putrid materials which cause foul and offensive odors or the creation of a condition that is a breeding place for fleas or other vectors;
(9) 
The keeping of any animal which habitually deposits body wastes upon, or destroys by chewing, scratching, digging or otherwise, property other than that of the owner of such animal;
(10) 
The keeping of animals for which a rabies vaccine is available and which remain unvaccinated against rabies;
(11) 
The improper disposal of animal waste or feces in such manner as to endanger the public health, cause the accumulation of foul and offensive odors, or annoy neighbors of ordinary sensibilities;
(12) 
The keeping of bees in such a manner as to deny the lawful use of adjacent property or endanger personal health and welfare.
(Ordinance 0220, art. I, sec. II, adopted 2/10/15; Ordinance adopting Code)
No person shall own, keep or harbor within the city any dog or cat four months of age or older unless such dog or cat has a current vaccination. A dog or cat may be administered a vaccination that will be current for a period of one year or a period of three years, as determined to be appropriate by the veterinarian and under the requirements established by state law, and all vaccinations shall be administered according to the label recommendations of a United States Department of Agriculture (USDA) approved vaccine. The dog or cat must be revaccinated before the expiration of the first and each subsequent current vaccination period. Such person shall maintain a copy of the records of each vaccination and make it available to an officer upon request.
(Ordinance 0220, art. I, sec. III, adopted 2/10/15; Ordinance 0220-1 adopted 11/10/15)
(a) 
General standards; animal care.
Every person owning or having charge, care, custody or control of any animal ("custodian") shall:
(1) 
Keep such animal exclusively upon his or her own premises by means of physical restraint; provided, however, that such animal may be off such premises if it is under direct physical control of a competent person.
(2) 
Not walk such animal on public property or upon the private property of another without carrying, at all times, a suitable container or other suitable instrument for the removal and disposal of animal feces. Disabled persons using trained guide or personal assistance dogs are exempt from this requirement. This requirement does not apply to any peace officer while using an animal in the discharge of law enforcement activities.
(3) 
Not permit such animal to defecate upon any property unless the person immediately removes the feces and properly disposes of it; provided, however, that nothing contained in this chapter authorizes such person to enter upon the private property of another without permission.
(4) 
Provide proper care for the animal, as follows:
(A) 
Keep the animal in a clean, sanitary, and healthy condition.
(B) 
Provide for the animal:
(i) 
Regular and adequate amounts of nutritious food that is appropriate for the species and that maintains the animal in good health;
(ii) 
A constant and adequate supply of clean, fresh, potable water that keeps the animal hydrated for environmental conditions; and
(iii) 
Care and medical treatment for injuries, parasites, and diseases that is sufficient to maintain the animal in good health and minimize suffering.
(5) 
Provide proper shelter for the animal, as follows:
(A) 
Provide the animal with shelter that:
(i) 
Is large enough for the animal to enter, stand, turn around, and lie down in a natural manner;
(ii) 
Keeps the animal dry;
(iii) 
Provides the animal with natural or artificial shade from direct sunlight;
(iv) 
Protects the animal from excessive heat and cold and other adverse weather conditions; and
(v) 
Is adequately ventilated.
(B) 
Provide the animal with exercise space that is large enough to prevent injury and keep the animal in good condition.
(C) 
The custodian of an animal may not confine the animal to the extent that it is forced to stand, sit, or lie in its own excrement.
(D) 
It is an affirmative defense to prosecution under this subsection that the animal's treatment was as directed by a licensed veterinarian.
(b) 
Location of pens, cages and shelters.
Any outdoor pens, cages or shelters constructed to confine or hold any type of animal must be located in an area that is surrounded by a fence or rock wall, and any pen, cage or shelter constructed to confine or hold any type of animal other than a dog or cat must be situated within that area such that the sides or walls of the pens, cages or shelters are a minimum of five feet from any fence or rock wall that is immediately adjacent to a developed or occupied property.
(c) 
Confinement of fierce, dangerous or vicious animals.
An owner or custodian shall confine within a building or enclosure every fierce, dangerous or vicious animal in accordance with all applicable state statutes. Confinement shall be in such a manner that the animal cannot come in contact with any person or other animal except for supervised breeding.
(d) 
Attacks by animals.
(1) 
The veterinary officer or his designee or an employee of the enforcing agency may cause the muzzling, secure confinement, quarantine, removal from the city or humane destruction of any animal on an emergency basis for any reason of public health and safety, including due to:
(A) 
An unprovoked attack by an animal upon any person or animal; or
(B) 
Whenever any lawful patron or visitor of a business is jeopardized by a guard dog which is not securely confined during hours the business is open to the public.
(2) 
Any such confinement and quarantine shall be conducted in accordance with the regulations established by the enforcing agency and/or the City of El Paso, to include but not be limited to the time and manner of confinement, and the humane destruction of the animal or the return of the animal to its owner.
(Ordinance 0220, art. I, sec. IV, adopted 2/10/15; Ordinance adopting Code)
It shall be unlawful for any person:
(1) 
To keep livestock on a developed residentially zoned property within the city limits other than one small livestock as provided in this article.
(2) 
To violate a standard of conduct as set forth in section 2.01.005 of this article.
(3) 
To keep wild or exotic animals within the city limits.
(4) 
To sell, offer for sale, barter or give away baby chickens, ducks, or other fowl under three weeks old; rabbits under two months old; or viable turtle eggs and live turtles with a carapace (shell) length of less than four inches except as permitted by federal law or regulation, as pets, toys, premiums, or novelties.
(5) 
To sell, trade, barter, lease, rent, give away, or display for a commercial purpose any animal on any roadside, public right-of-way, or commercial parking lot, or at any flea market or festival.
(6) 
To provide grooming, kenneling or boarding of animals for a fee, or to breed and sell more than two (2) litters from one or more animals on the same property in one calendar year, without complying with all applicable requirements of the ordinances of the city, to include ordinances regulating the permitted uses for the various zoning districts and ordinances requiring the registration of businesses and the licensing of home occupations.
(Ordinance 0220, art. I, sec. V, adopted 2/10/15; Ordinance adopting Code)
(a) 
The provisions of sections 822.001 through 822.005 (subchapter A), sections 822.011 through 822.013 (subchapter B) and sections 822.041 through 822.047 (subchapter D) of the Texas Health and Safety Code regarding dogs that attack persons are hereby adopted and incorporated fully herein in this article. Amendments to and modifications of such laws shall apply and be incorporated herein.
(b) 
The animal control authority referenced in the above-cited statutory sections shall refer to the enforcement officer.
(Ordinance adopting Code)
The provisions of sections 821.076 et seq. of the Texas Health and Safety Code regarding the unlawful restraint of a dog, are hereby adopted and incorporated fully herein in this article. Amendments to and modifications of such laws shall apply and shall be incorporated herein.
(Ordinance adopting Code)
It is unlawful for any person to abandon any animal in the city.
(Ordinance 0220, art. I, sec. VI(A), adopted 2/10/15; Ordinance 0220-1 adopted 11/10/15)
(a) 
It is unlawful for any person having charge or custody of an animal, as owner or otherwise, to place or confine such animal or allow such animal to be placed or confined or to remain in a motor vehicle or livestock trailer under such conditions or for such period of time as may endanger the health or well-being of such animal due to heat, lack of food or water, or such other circumstances as may reasonably be expected to cause suffering, disability or death.
(b) 
Any officer finding an animal in a motor vehicle or livestock trailer in violation of the provisions in this section is authorized to obtain a locksmith at the owner's cost, or break and enter the vehicle if necessary to remove the animal.
(c) 
Removed animals will be impounded in accordance with an interlocal governmental agreement with the City or County of El Paso or placed in a veterinary clinic for safekeeping. Owners may claim their animals upon payment of all reasonable charges or fees that accrued for removal and maintenance of the animal, plus impoundment fees charged by the entity holding the impounded animal in accordance with an interlocal governmental agreement.
(d) 
At the time the animal is removed from the motor vehicle or livestock trailer, the officer shall leave a written notice bearing his name and title and the address where the animal may be claimed.
(e) 
The animal will be retained for a minimum of six days or other time designated by the entity holding the impounded animal, and if not claimed, may be disposed of by that entity in accordance with their rules and regulations.
(Ordinance 0220, art. I, sec. VI(A), adopted 2/10/15; Ordinance 0220-1 adopted 11/10/15; Ordinance adopting Code)
(a) 
A person who knows of an animal bite or scratch to an individual or another animal that the person could reasonably foresee as capable of transmitting rabies, or who knows of an animal that the person suspects is rabid, shall report the incident or animal to the sheriff's office or the city police department as soon as possible but not later than twenty-four hours from the time of the incident. The report must include:
(1) 
The name and address of the victim and of the animal's owner, if known; and
(2) 
Any other information that may help in locating the victim or animal.
(b) 
It shall be the duty of every veterinarian having an animal quarantined for a bite incident to submit a written report to the sheriff's office and the animal regulation program of the City of El Paso as to the condition of the quarantined animal on the initial day of observation and on the fifth day and the tenth day immediately following the date of the bite incident.
(c) 
It shall be the duty of every veterinarian to report immediately to the sheriff's office and the animal regulation program of the City of El Paso his diagnosis of any animal observed by him as a rabies suspect.
(Ordinance 0220, art. I, sec. VI(B), adopted 2/10/15; Ordinance 0220-1 adopted 11/10/15; Ordinance adopting Code)
It shall be the duty of every veterinarian, physician, or other person having knowledge of any zoonotic disease or condition caused by animals which may endanger the public or animal health or create a public nuisance to report same to the sheriff's office and the animal regulation program of the City of El Paso.
(Ordinance 0220, art. I, sec. VI(C), adopted 2/10/15; Ordinance 0220-1 adopted 11/10/15; Ordinance adopting Code)
(a) 
The owner of any animal detained and impounded by the enforcing agency or the City of El Paso shall be entitled to resume possession of such animal upon compliance with the laws and regulations of the enforcing agency and the City of El Paso and the payment of any impoundment, board and quarantine fees as established by the City of El Paso or as have been established by an interlocal agreement between the city and the City or County of El Paso.
(b) 
Any animal detained or impounded under the provisions of state law or this article or held by the enforcing agency or the City of El Paso in the jurisdiction of such entity, and not reclaimed in the manner and time periods as provided by the laws and regulations of such entity, will become the property of such entity and be subject to its regulations governing animal impoundment, redemption and disposition.
(Ordinance 0220, art. I, sec. VII, adopted 2/10/15; Ordinance 0220-1 adopted 11/10/15; Ordinance 0220-02, sec. II, adopted 2/14/17; Ordinance adopting Code)