Friday, February 10, 2012

El Paso, TX


Chapter 7.24 - LIVESTOCK AND OTHER ANIMALS

Sections:


A.
Except in a farm-ranch district or zoning district in which a stockyard or stable is permitted, no person shall keep any livestock within the city without a permit as herein provided.
B.
No person shall keep any livestock within the city in violation of the provisions of the zoning ordinance.
C.
Application for any permit required in this section shall be made pursuant to Sections 7.04.090 and 7.24.050 of this Code accompanied by a payment of the established fee for one or more livestock. In addition to the requirements set forth in Sections 7.04.090 and 7.24.050, the application shall state the name and residence of the applicant, the location of the premises where such livestock are to be kept, the acreage and square footage of the area in which they are confined, the number of such livestock, and the kind of enclosure within which they are to be kept.
(Ord. 16807 § 3 (part), 2007; Ord. 16229 § 1 (part), 2006)
(Ord. No. 17428, § 20, 10-5-2010/eff. 1-1-2011)
A.
Pigs. No person shall keep any hog, sow or pig within the city except in a farm-ranch district or zoning district in which a stockyard or stable is permitted, nor shall any person keep any hog, sow or pig within the city in violation of any zoning ordinances. However, this section shall not be intended to prohibit the keeping of Chinese or Vietnamese miniature potbellied pigs maintained as household pets.
B.
Rabbits and Fowl.
1.
Except in a farm-ranch district or zoning district in which a stockyard or stable is permitted or except where kept as household pets in quantities fewer than six, no person shall keep any rabbit or fowl within the city without a permit as herein provided, and where fowl are allowed, no person shall keep more than three roosters.
2.
No person shall keep any animal within the city in violation of the provisions of the zoning ordinance.
3.
Application for any permit required in this section shall be made pursuant to Sections 7.04.090 and 7.24.050. In addition to the requirements set forth in Sections 7.04.090 and 7.24.050, the application shall state the location of the premises where such rabbits or fowl are to be kept, the acreage and square footage where such rabbits and fowl are to be kept, the number of such rabbits and fowl, including specifically the number of roosters, and the kind of enclosure within which they are to be kept.
(Ord. 16807 §§ 3 (part), 4 (part), 17, 2007; Ord. 16229 § 1 (part), 2006)
(Ord. No. 17428, § 21, 10-5-2010/eff. 1-1-2011)
A.
All livestock shall be kept in a secure pen or enclosure, which shall not be less than one hundred feet from any private residence (except that of the owner or person keeping such animals) or any hotel, apartment house, tenement house, hospital, church or school.
B.
Fowl and rabbits subject to permitting shall be kept in a secure pen or enclosure that is at least thirty feet from any private residence (except that of the owner or person keeping such fowl or rabbits) or any hotel, apartment house, tenement house, hospital, church or school; provided, the pen or enclosure may be within twenty feet of such buildings if separated therefrom by a public alley and by a solid fence or wall at least six feet high between the pen or enclosure and the alley. In conjunction with issuance of a permit, the veterinary officer may waive the requirements as to distance from dwellings or other buildings if public health is not endangered nor a nuisance is created.
C.
The word "kept" as used in this section does not prevent the temporary removal of the animal from the pen for any normal use or purpose, to include the release of homing pigeons from the pen or enclosure for the purpose of supervised flights.
D.
All persons keeping permit animals shall comply with the following regulations:
1.
Manure shall be removed from pens, stables, yards, cages and other enclosures at least twice weekly and handled or disposed of in such a manner as to keep the premises free of any nuisance.
2.
Mound storage of manure between such removals shall be permitted only under such conditions as to protect against the breeding of flies.
3.
The feeding of cooked or uncooked vegetables, cooked meat scraps or cooked garbage shall be done only in impervious containers or on an impervious platform. The feeding of uncooked meat scraps or garbage is prohibited.
4.
Watering troughs or tanks shall be provided which shall be equipped with adequate facilities for draining the overflow, as to prevent the breeding of flies, mosquitoes or other insects.
5.
No material subject to putrefaction shall be allowed to accumulate on the premises, including unconsumed feed materials and they shall be removed and disposed of by means approved by the veterinary officer.
6.
All permit animals shall be kept in compliance with Section 7.08.050, standards for animal care.
(Ord. 16229 § 1 (part), 2006)
A.
Except in a farm-ranch district, or zoning district in which a stockyard or stable is permitted, no person shall keep an equine or bovine on any premises the overall area of which is less than one-third of an acre for each equine or bovine kept, nor keep more equines or bovines than can be cared for under sanitary conditions and not create a public nuisance and in no event exceed the permitted number of adult equine or bovine, and their foals or calves up to six months of age.
B.
The number of equine or bovine permitted shall not exceed one adult per one-third acre for the first acre, one adult per one-half acre for the second acre, and two adults per acre for each additional acre over two acres of a single tract of land. The persons in lawful possession of the premises, as owner or tenant, may keep thereon equine or bovine belonging to others, but limited to number of equine or bovine on the premises and the area and distance requirements of this section and Section 7.24.030.
(Ord. 16229 § 1 (part), 2006)
A.
A permit issued under this chapter may include reasonable conditions, including total number of animals, authorized as determined by the veterinary officer to prevent a nuisance. All conditions of a permit are subject to review and revision by the veterinary officer and the veterinary officer may alter conditions or restrictions of the permit if any investigation indicates any changed conditions or circumstances since the original application.
B.
The program shall determine by inspection or otherwise, whether the keeping of animals as proposed in any permit application under this chapter is in violation of any law or ordinance including, but not limited to, any zoning ordinance, and whether the keeping of such animals will constitute a nuisance. In making such determination, the program shall consider the following factors and be guided by the following standards:
1.
The area of the premises on which the animals are to be kept;
2.
Whether the immediate neighborhood is residential or other;
3.
Whether the zoning of the premises allows the keeping of such animals;
4.
Whether the keeping of animals will endanger the public health or cause odors or noises offensive to persons of ordinary sensibilities;
5.
Whether the keeping of such animals considering all the circumstances, is likely to endanger persons or property.
C.
The veterinary officer shall verify his approval or disapproval of each application submitted pursuant to this chapter and shall issue or refuse the permit accordingly. The permit may include reasonable conditions determined by the veterinary officer to be necessary to prevent a nuisance, such as but not limited to, the number and kind of animals to be kept thereon.
D.
Each permit shall be renewed annually by the last day of the month in which the permit was issued the previous year, accompanied by payment of the established fee. If ownership of the place in which the animals are kept is changed, the permit may be changed accordingly upon written verified application and payment of the established fee for amending the permit.
E.
After reasonable written notice and opportunity to be heard, the veterinary officer may suspend or revoke any permit issued under this section for violation of this title by the permit holder or his agent or employee; or if conditions arise which could justify denying the permit on an original application he may review and alter conditions or restrictions of the permit if investigation indicates any changes since the original application.
F.
Notice of a permit suspension or revocation must be delivered in person or in writing to the permit holder. A determination of suspension or revocation of a permit issued under this section may be appealed to the city manager in accordance with the procedures established in Section 7.04.100 of this Code.
(Ord. No. 17428, § 22, 10-5-2010/eff. 1-1-2011)
Editor's note—
Ord. No. 17428, § 22, adopted October 5, 2010, amended § 7.24.050 in its entirety to read as herein set out. Former § 7.24.050, pertained to animal establishments—shows and exhibitions—permits—application—fees, and Ord. No. 16229, § 1 (part), 2006.
A.
It is unlawful 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.
B.
As used in this section, the term "turtles" includes all animals commonly known as turtles, tortoises, terrapins, and all other animals of the order Testudinata, class Reptilia, except marine species (familes Dermachelidae and Chelonidae).
(Ord. No. 17428, § 23, 10-5-2010/eff. 1-1-2011)
Editor's note—
Ord. No. 17428, § 23, adopted October 5, 2010, amended § 7.24.060 in its entirety to read as herein set out. Former § 7.24.060, pertained to animal establishments—shows and exhibitions—permit—required—recordkeeping, and derived from Ord. 16807 §§ 4 (part), 18, 2007; Ord. 16229 § 1 (part), 2006.
It is unlawful to color, dye, stain or otherwise change the natural color of any chicken, duck, other fowl, or rabbit or to possess for the purpose of sale or to be given away any chicken, duck, other fowl, or rabbit which has been so colored.
(Ord. No. 17428, § 24, 10-5-2010/eff. 1-1-2011)
Editor's note—
Ord. No. 17428, § 24, adopted October 5, 2010, amended § 7.24.070 in its entirety to read as herein set out. Former § 7.24.070, pertained to roadside and flea market sales, and derived from Ord. 16807 §§ 2 (part), 18, 2007; Ord. 16229 § 1 (part), 2006.
Premises with animals in more than one permit category under this chapter shall be charged one fee for all permits. Such fee shall be equal to the amount of the highest individual permit fee, which would have been charged if the permits had been separately issued. Permit fees are not to be prorated or refunded.
(Ord. No. 17428, § 25, 10-5-2010/eff. 1-1-2011)
Editor's note—
Ord. No. 17428, § 25, adopted October 5, 2010, amended § 7.24.080 in its entirety to read as herein set out. Former § 7.24.080, pertained to animal litter permit, and derived from Ord. 16229 § 1 (part), 2006.
Editor's note—
Ord. No. 17428, § 26, adopted October 5, 2010, repealed §§ 7.24.090—7.24.130, which pertained to sale of certain baby chickens, ducklings, other fowl, rabbits and turtles prohibited; coloring certain baby chickens, duckings, other fowl and rabbits unlawful; payment of single permit fee; severability; fees and derived from Ord. 16229 § 1 (part), 2006.

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