[Adopted 4-14-2008 by L.L. No. 3-2008]
The Town of Wheatfield desires to set out fair and comprehensive rules and regulations governing kennels and animal boarding. This article is intended to preserve the residential character of the Town and minimize conflicts of noise, odor and health hazards created by the raising and boarding of animals.
As used in this article, the following terms shall have the meanings indicated:
- ANIMAL BOARDING
- Six or more dogs over the age of four months or eight cats over the age of four months kept in a single location where they are boarded for compensation. Allowed in A-R, R-R, C-1, M-1 and M-2 Zoning Districts with an approved special permit.
- EXOTIC PETS
- Intriguingly unusual, nonindigenous animals so different as to be excitingly odd and which are considered "nontraditional" pets. (Any pet that is not a dog, cat, fish, horse, rabbit, guinea pig or other commonly domesticated animal.)
- GROOMING ESTABLISHMENT
- A place where care and service are provided to the exterior of an animal to change its looks or improve its comfort, but shall not mean the treatment of physical disease or deformities. Allowed in A-R, R-R, C-1, M-1 and M-2 Zoning Districts with an approved special permit.
- A facility where dogs or cats are bred and/or raised on a commercial scale for sale as pets, used for hunting, showing, training, field trials or groomed for compensation and exhibition purposes. Allowed in A-R, R-R, C-1, M-1 and M-2 Zoning Districts with an approved special permit.
All kennels shall be subject to the following regulations:
Kennels shall be limited to the raising, breeding, boarding and grooming of such dogs and cats.
The minimum lot size for kennels shall be two acres.
Dogs kept on the premises will not equal more than 15 per acre of land.
Cats kept on the premises will not equal more than 25 per acre of land.
All runs shall be hard-surfaced, compacted fine stone or grassed with drains provided every 10 feet and connected to an approved sanitary facility.
No building, other structure or outside dog runs shall be located within 150 feet of an adjacent residential use.
If the keeping of such pets becomes a nuisance and outside the general intent of a residential district, the Town Board may require facilities to adequately control and prevent further nuisance.
Dog runs shall not be used between the hours of 8:00 p.m. and 8:00 a.m.
The adequacy of the site and buildings to accommodate the animals in question shall meet minimum standards of New York State's Department of Agriculture and Markets for kenneling, boarding and keeping of animals.
The public health, safety and general welfare concerns posed by the animals in question require all New York State standards be met.
Animals may be removed from the kennel site if conditions are found to be in violation of local, state or federal animal care laws and regulations.
Domestic animals (dogs and cats) may be boarded in all districts noted in the definitions by special use permit. Boarding may also be allowed in zoning districts as an accessory use to veterinary clinics, subject to approval of a site plan and compliance with all components of this article.
Animal boarding establishments shall be subject to the following regulations. In addition to the regulations as set forth within the district in which veterinary clinics are permitted, the following minimum regulations shall apply for animal boarding:
The facility shall be set back as far as possible from all residential use property. In no case shall the minimum setback be less then 150 feet.
Methods shall be used to reduce off-site noise, which may include the use of sound-barrier material such as "bark-block" and/or other approved insulation.
The animals shall be boarded in appropriate kennel units with insulation to further abate noise.
The facility shall have appropriate flushing drains and other physical elements to properly dispose of cleaning waste from the boarding area.
The boarding area must be air-conditioned and heated so that any windows, doors or other openings can be closed at all times, with the exception of ingress and egress into the area.
The total area designated for boarding within the building shall not exceed 75% of the gross floor area of the facility.
Boarding shall be limited to domestic dogs and cats, unless otherwise specifically permitted by the Town.
There shall be no outside retaining of animals and no outside service.
Domestic animals may receive services, as defined previously, in the Commercial District (C-1), Industrial District (M-1), Industrial District (M-2), Agricultural-Residential District (A-R) and within a Rural-Residential District (R-R), by special use permit.
All grooming establishments shall be subject to the following regulations:
The quarters in which the animals are kept shall be maintained in a clean condition and good state of repair.
No nuisance caused by odor, noise, flies or animals running at large shall be permitted.
Ventilation must be provided with an exhaust fan and the general temperature kept below 70° F.
A grooming establishment may operate in conjunction with a kennel or animal boarding facility, provided that it is contained within the same building.
No overnight boarding of animals is allowed unless approved as a boarding facility.
Approval of the special use permit may be issued for an initial period of one year. After the initial year, the permit may be reissued for three-year periods, given there are no grievances of code violations connected to the subject property or use. In cases where complaints from neighbors have been received or where there has been a change in the conditions or violations, a review hearing will be held by and recommendation regarding the site plan will be required from the Planning Board.
Should the enforcement officer find that a kennel or animal boarding facility is being operated on a property without the necessary permit, the enforcement officer is hereby authorized pursuant to Criminal Procedure Law § 150.20(3) to issue an appearance ticket to any person who the enforcement officer has reason to believe has violated this article and shall cause such person to appear before the Town Justice.
Any instance of animal neglect, cruelty, violation of animal rights or violation of local, state and federal regulations governing the care and control of animals shall result in the immediate revocation of the permit. Reissuance of the permit will be at the discretion of the Town Board and subject to approval by local, state and federal authorities associated with any violations of laws governing the facility.
Any person who shall violate any of the provisions of this article shall be guilty of a violation and subject to the following:
The Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this article.