[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:
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.
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.)
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:
A.
Kennels shall be limited to the raising, breeding,
boarding and grooming of such dogs and cats.
B.
The minimum lot size for kennels shall be two acres.
C.
Dogs kept on the premises will not equal more than
15 per acre of land.
D.
Cats kept on the premises will not equal more than
25 per acre of land.
E.
All runs shall be hard-surfaced, compacted fine stone
or grassed with drains provided every 10 feet and connected to an
approved sanitary facility.
F.
No building, other structure or outside dog runs shall
be located within 150 feet of an adjacent residential use.
G.
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.
H.
Dog runs shall not be used between the hours of 8:00
p.m. and 8:00 a.m.
I.
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.
J.
The public health, safety and general welfare concerns
posed by the animals in question require all New York State standards
be met.
K.
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.
A.
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.
B.
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:
(1)
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.
(2)
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.
(3)
The animals shall be boarded in appropriate kennel
units with insulation to further abate noise.
(4)
The facility shall have appropriate flushing drains
and other physical elements to properly dispose of cleaning waste
from the boarding area.
(5)
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.
(6)
The total area designated for boarding within the
building shall not exceed 75% of the gross floor area of the facility.
(7)
Boarding shall be limited to domestic dogs and cats,
unless otherwise specifically permitted by the Town.
(8)
There shall be no outside retaining of animals and
no outside service.
A.
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.
B.
All grooming establishments shall be subject to the
following regulations:
(1)
The quarters in which the animals are kept shall be
maintained in a clean condition and good state of repair.
(2)
No nuisance caused by odor, noise, flies or animals
running at large shall be permitted.
(3)
Ventilation must be provided with an exhaust fan and
the general temperature kept below 70° F.
(4)
A grooming establishment may operate in conjunction
with a kennel or animal boarding facility, provided that it is contained
within the same building.
(5)
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.
A.
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.
B.
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.
C.
Any person who shall violate any of the provisions
of this article shall be guilty of a violation and subject to the
following:
D.
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.
