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ARTICLE II Kennels[Adopted 4-13-2004 by L.L. No. 2-2004]
§ 80-15. Title.
The title of this article shall be "Kennel Law of the Town of Gardiner, Ulster County, New York."
§ 80-16. Legislative intent.
It is the intent of this article to set forth regulations regarding the establishment, maintenance and operation of dog kennels and other dog boarding facilities and further to enable the Town to maintain an ongoing record of commercial and noncommercial kennels, and further to provide for the healthful and humane treatment of dogs in kennels.
§ 80-17. Legislative authority.
This article is enacted pursuant to the Municipal Home Rule Law.
§ 80-18. Definition of terms.
A.      As used in this chapter, the following words or phrases shall have the following respective meanings:
~HABITUAL OFFENDER — Includes any owner who has pleaded guilty to, or has been found guilty of, three major offenses in a twelve-month period, unless the two major offenses arose out of a single event or inspection on a single day.
~KENNEL — A structure which complies with the Code of the Town of Gardiner and which is intended for or used for the housing of dogs.
KENNEL, COMMERCIAL — Any location within the Town of Gardiner wherein five or more dogs over four months of age are kept or maintained for any commercial purpose, including but not limited to boarding, breeding, grooming, letting for hire, training for a fee or selling.
(1)Â Â Â Â Â Exemptions. Notwithstanding the foregoing, the following facilities shall not be deemed commercial kennels :town animal shelter; veterinary hospitals, unless engaged in commercial boarding; and groomers, unless engaged in commercial boarding and/or breeding.
KENNEL, NONCOMMERCIAL — Any location within the Town of Gardiner wherein quantities of five or more dogs which are over four months of age are kept or otherwise are allowed to reside. The sole purpose or outcome of keeping said animals shall provide personal recreation, enjoyment or use by the owner not resulting in direct or indirect compensation, profit or gains. A kennel under such definition must be licensed, fee waived. This term does not include an animal hospital.
MAJOR OFFENSE — Any other violation of Chapter 80, Article II, of the Code of the Town of Gardiner.
MINOR OFFENSE — Failure to secure appropriate documents for the operation of a kennel.
OFFENDER — The owner of any kennel or owner of lands upon which any kennel is located who fails to comply with Chapter 80, Article II, Kennels, of the Code of the Town of Gardiner.
PUPPY MILLS — Overcrowded or unsanitary breeding facilities which mass-produce puppies that are typically sold when eight weeks old or younger.
B.      All other words and phrases used in this chapter shall have, for the purpose of this chapter, the meanings respectively ascribed to them by Chapters 80 and 220 of the Code of the Town of Gardiner, by §~108 of the New York Agriculture and Markets Law, and the Federal Animal Welfare Act (7 U.S.C. 2131 et seq.)
§ 80-19. Kennel requirements.
A. Any kennel must conform to all regulatory requirements of Chapter 80, Article I, Dog Control, of the Code of the Town of Gardiner and the New York State Agriculture and Markets Law, as they relate to treatment and condition of animals.
B. Kennels must be located on a lot having at least five acres, or on lands that have been granted all necessary variances for location of the kennel thereon.
C Â All kennel buildings and structures housing animals, and all pens, runs and open areas where dogs are allowed to be shall be located no closer than 200 feet to any lot or street line.
D. All kennel enclosures shall be structurally sound and shall be maintained in good repair to protect the dogs from illness or injury, to contain the animals and to restrict the entrance of other animals.
E. All kennel enclosures shall be constructed of material that can be easily cleaned and shall be kept in a clean and sanitary condition. Animal feces shall be removed daily. The building shall be properly ventilated to remove odors. Heating and cooling shall be provided as required, according to the physical needs of the dogs, with sufficient light to allow observation of the dogs and sanitation.
F. Size.
(1) All dog rooms, cages, kennels and runs shall be of sufficient size to provide each individual dog with adequate room for exercises and general proper accommodations.
(2) Minimum standards. Every kennel shall be of sufficient space to allow the dogs kept therein to be comfortable, and shall have no less than 2.3 square meters (25 square feet) of floor area per dog. In accordance with the American Breeding Kennel Association, enclosures must be large enough for dogs to stand up in, to lie down, and to turn around comfortably.
G. No dog shall be left unattended for more than 24 consecutive hours at a commercial or noncommercial kennel.
H. All dogs in any kennel shall be contained within an appropriate kennel building between the hours of 8:00 p.m. and 8:00 a.m., local time, each day. Noise generated by dogs at the kennel shall not be discernible beyond 200 feet of the structure, or the nearest off-site residential structure, whichever is nearer.
I. No person shall allow dogs temperamentally or otherwise incompatible to be quartered together, or so near each other, as to cause injury, fear or torment.
J. All kennels must secure a special permit from the Planning Board, which shall require proof that the proposed facility will comply with all requirements of this article and other provisions of the Code of the Town of Gardiner.
K. Kennels will be subject to random review by the Code Enforcement Officer, Dog Control Officer, or other person designated by the Town Board.
L. Owners of commercial and noncommercial kennels are required to comply with the Federal Puppy Protection Act of 2001 amendment to the Federal Animal Welfare Act which includes, but is not limited to, prohibiting puppy mills and the breeding of female dogs during the first estrus cycle and the breeding of female dogs each estrus cycle without sufficient rest between litters.
M. All kennels must be licensed by the Town of Gardiner. A license for one year for a commercial kennel operation must be obtained from the Town Clerk after the Dog Control Officer has inspected the premises and found that it meets the conditions of this article and after the owner has secured a special use permit. A fee of $50 per year per commercial kennel is imposed by the Town, and each license is renewable on its anniversary date for the required fee. Renewal will occur as long as there are no unresolved violations during the previous year. Fees will remain the same until said fees are changed by resolution of the Town Board. In the event there is some dispute over whether a license should be renewed, a veterinarian will be retained to advise the Town Board. The kennel owner shall pay the veterinarian's charge for inspection, and said payment shall be made to the Town of Gardiner prior to the inspection. Failure to pay the veterinarian charges shall bar renewal of the license.
N. Noncommercial kennels are required to apply for and secure a kennel license. There shall be no charge for same.
O. License regulations.
(1) Kennels must prominently display their license on the premises. (2) No person who has been convicted of cruelty to animals shall be issued a license to operate any kennel. (3) A license issued on the basis of false information supplied by the applicant shall be revoked and the operation of the subject kennel shall be terminated.
§ 80-20. Administration and enforcement.
A.      This article shall be strictly enforced by the Dog Control Officer, the Code Enforcement Officer, the Town Supervisor, or any other persons duly appointed by resolution of the Town Board. Said individuals shall be permitted to inspect all dogs and premises at any kennel.
B.      Revocation of a kennel license will occur upon failure to comply with any requirement of Chapter 80, Article II.
C.      The Town Board may seek relief in the Town Court of the Town of Gardiner or it may maintain an action or proceeding, in the name of the Town, in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article, and/or to seek money damages and such other relief as the Town Board deems appropriate.
§ 80-21. Penalties for offenses.
A. Â Any person who commits an act in violation of the provisions of this article shall be liable for any such violation and subject to the penalties set forth below:
(1)Â Â Â Â Â Any habitual offender shall be subject to a fine, prosecution, confiscation of animals, and/or permanent revocation of kennel license. (2)Â Â Â Â Â Any person convicted of a major offense of this article shall be subject to a fine not exceeding $500 per violation. Convictions of multiple major offenses shall each be subject to separate fines. Each day a violation exists shall be deemed a separate violation and subject to a fine, not to exceed $500 per day. (3)Â Â Â Â Â Any person convicted of a minor offense of this article shall be subject to a fine not exceeding $100 per violation. Multiple convictions shall each be subject to separate fines. Each day a violation exists shall be deemed to be a separate violation and subject to a fine not to exceed $100 per day.
§ 80-22. Existing kennels.
Notwithstanding anything to the contrary set forth in this article, the kennel requirements of §~80-19B and C shall not apply to any kennel which lawfully existed in the Town of Gardiner prior to the enactment of this article.
§ 80-23. Severability.
Each separate provision of this article shall be deemed independent of all other provisions herein, and if any provisions shall be deemed or declared invalid, all other provisions shall remain valid and enforceable.
§ 80-24. When effective.
The provisions of this article shall take effect upon the filing of this law with the Secretary of State |
