[Adopted 10-12-2010 by L.L. No. 3-2010]
This article shall be known and may be cited as the "Dog and
Cat Breeding Facilities Law of the Town of Geneva."
It is the intent of this article to set forth regulations regarding
the establishment, maintenance and operation of kennels, commercial
breeding facilities and noncommercial breeding facilities, to protect
and preserve the health, safety and welfare of the dogs and cats in
these breeding facilities as well as of the public who will work in,
patronize, visit, conduct business with or otherwise come in contact
with commercial or noncommercial breeding facilities, and further
to enable the Town to maintain an ongoing record of commercial and
noncommercial breeding facilities.
A.
BREEDING FACILITY, COMMERCIAL
BREEDING FACILITY, NONCOMMERCIAL
CAT
DOG
KENNEL
As used in this article, the following words or phrases shall have
the following respective meanings:
Any building or lot in the Town of Geneva wherein a person
or persons keep eight or more dogs and/or eight or more cats over
12 months of age, breed three or more litters of dogs or three or
more litters of cats in a calendar year or sell or transfer any dog
or cat to a dog or cat dealer or pet shop.
Any building or lot in the Town of Geneva wherein a person
or persons keep fewer than eight dogs and/or fewer than eight cats
over 12 months of age, breed two or fewer litters of dogs or two or
fewer litters of cats in a calendar year or sell or transfer any dog
or cat to any person or entity other than a dog or cat dealer or pet
shop.
A live Felis catus.
A live Canis lupus familiaris.
A structure which complies with the Code of the Town of Geneva
and which is intended for or used for the housing of dogs and/or cats.
B.
All other words and phrases used in this article shall have, for the purpose of this article, the meanings respectively ascribed to them by Chapters 55 and 165 of the Code of the Town of Geneva, by § 108 of the New York Agriculture and Markets Law and the Federal Animal Welfare Act (7 U.S.C. § 2131 et seq.).
A.
A commercial breeding facility that has received a special use permit
and site plan approval shall meet and operate under the following
conditions:
(1)
All animals shall be kept in clean and sanitary premises, structures
or enclosures.
(2)
All enclosures shall be structurally sound to contain the animals
and to restrict the entrance of other animals, constructed from materials
that can be easily cleaned and maintained in good repair to protect
the dogs and/or cats from illness or injury.
(3)
Heating shall be deemed necessary when the inside ambient temperature
of the facility falls below 50° F. for a period of four consecutive
hours, and cooling shall be required when the inside ambient temperature
of the facility rises above 75° F.
(4)
Uniformly distributed natural and/or artificial lighting shall be
provided to permit routine inspection and facilitate routine cleaning
and the proper care and maintenance of the animals. Lighting shall
be so arranged as to protect each animal from excessive illumination.
(5)
All facilities shall be adequately ventilated with fresh or filtered
air to minimize drafts, odors and moisture condensation and to provide
for the health and comfort of the animals at all times. Ventilation
shall be provided by either natural or mechanical means. The necessary
equipment or comparable means shall be provided to exhaust the air
from the animal area to the outside of the building.
(6)
One inside pen shall be provided for each dog or cat being boarded
or kept. No person shall allow dogs or cats temperamentally or otherwise
incompatible to be quartered so near each other as to cause injury,
fear or torment.
(7)
Each inside pen shall be of sufficient space to allow the dog kept
therein to be comfortable, and shall have no less than 25 square feet
of floor area per dog. Enclosures must be large enough for dogs to
stand fully erect on all four legs with at least six inches of headroom.
(8)
There shall be a minimum of one outside run per pen and there shall
be no more than one dog per run at any one time. Each dog shall have
access to the run daily.
(9)
Each outside run shall:
(a)
Be a minimum of three feet in width and 10 feet in length except
for dogs of the size of 100 pounds or more. For dogs 100 pounds or
more, the run shall be four feet in width and 10 feet in length;
(b)
Have a concrete base.
(c)
Be enclosed by a minimum of a six-foot-high fence, unless the
breed of dog requires an additional height to prevent jumping or climbing
out or over, with secure gates, and which shall deter dogs from escaping
over, under or through the fence; said fence must be a good grade,
commercial chain link or welded wire fence carried on solid posts
set in concrete with a minimum of eleven-gauge wire and two-inch steel
posts set on no greater than ten-foot spans, unless some other type
of fencing is required and approved by the Town Zoning Board of Appeals
as part of the special use permit approval.
(d)
Provide a form of shelter if not directly linked to a separate
indoor kennel area.
(10)
For cats, any inside pen shall have a minimum measurement of
two feet wide by two feet in length for all cats. Any pen shall be
of sufficient height for the cat to stand fully erect on all four
legs with at least three inches of headroom.
(11)
No dog shall be left unattended for more than 12 consecutive
hours at a commercial breeding facility.
(12)
All outdoor lights shall be shielded to direct light and glare
onto the facility's premises and may be of sufficient intensity
to ensure security. Lighting and glare shall be deflected, shaded
and focused away from any adjoining property.
(13)
All dogs in any breeding facility shall be contained within
an appropriate building between the hours of 11:00 p.m. and 7:00 a.m.,
local time, each day. Noise generated by dogs at the facility shall
not be discernible beyond 300 feet of the structure, or the nearest
off-site residential structure, whichever is nearer.
(14)
All dogs and cats on site shall have yearly health checks with
a veterinarian. The vaccination records shall be available upon request.
(15)
A maximum of 10 adult dogs and 10 adult cats shall be allowed
in a commercial breeding facility. There shall be no more than two
litters on the premises at any time.
(16)
The owner of a commercial breeding facility shall submit proof
to the Town Code Enforcement Officer upon request that the owner belongs
to his/her/its national breed club and subscribes to the national
breed club's code of ethics.
(17)
Commercial breeding facilities shall prominently display their
special use permit on the premises.
B.
Inspection.
(1)
Prior to the commencement of any use or upon any control of a commercial
breeding facility, the premises shall be inspected by the Town Code
Enforcement Officer, together with the Ontario County Animal Control
Officer, and found to be in compliance with the Geneva Town Code,
the New York State Agriculture and Markets Law, the New York State
General Business Law, the Federal Puppy Protection Act of 2001 amendment
to the Federal Animal Welfare Act and the Uniform Fire Prevention
and Building Code.
(2)
Any owner and/or operator, employee of the owner and/or operator,
or agent of the owner and/or operator shall permit the Town Code Enforcement
Officer, the Ontario County Dog Control Officer, representatives of
the Ontario County Health Department, the Ontario County Sheriff's
Department, the New York State Police, and the New York State Department
of Health or any other Town, county or state department or agency
that has permitting authority regarding the use of the premises to
inspect the premises of the commercial breeding facility for the purpose
of ensuring compliance with this article and with § 165-28.3
of the Zoning Code of the Town of Geneva at any time it is occupied
or open for business.
A.
A noncommercial breeding facility that has received a special use
permit and site plan approval shall meet and operate under the following
conditions:
(1)
All animals shall be kept in clean and sanitary premises, structures
or enclosures.
(2)
All enclosures shall be structurally sound to contain the animals
and to restrict the entrance of other animals, constructed from materials
that can be easily cleaned and maintained in good repair to protect
the dogs and/or cats from illness or injury.
(3)
No dog or cat shall be left unattended for more than 12 consecutive
hours at a noncommercial breeding facility.
(4)
All dogs and cats on site shall have yearly health checks with a
veterinarian. The vaccination records shall be available upon request.
(5)
A maximum of seven adult dogs and/or seven adult cats shall be allowed
in a noncommercial breeding facility.
(6)
The owner of a noncommercial breeding facility shall submit proof
to the Town Code Enforcement Officer upon request that the owner belongs
to his/her/its national breed club and subscribes to the national
breed club's code of ethics.
(7)
Noncommercial breeding facilities shall prominently display their
special use permit on the premises.
B.
Inspection.
(1)
Prior to the commencement of any use or upon any control of a noncommercial
breeding facility, the premises shall be inspected by the Town Code
Enforcement Officer, together with the Ontario County Animal Control
Officer, and found to be in compliance with the Geneva Town Code,
the New York State Agriculture and Markets Law, the New York State
General Business Law, the Federal Puppy Protection Act of 2001 amendment
to the Federal Animal Welfare Act and the Uniform Fire Prevention
and Building Code.
(2)
Any owner and/or operator, employee of the owner and/or operator,
or agent of the owner and/or operator shall permit the Town Code Enforcement
Officer, the Ontario County Dog Control Officer, representatives of
the Ontario County Health Department, the Ontario County Sheriff's
Department, the New York State Police, and the New York State Department
of Health or any other Town, county or state department or agency
that has permitting authority regarding the use of the premises to
inspect the premises of the noncommercial breeding facility for the
purpose of ensuring compliance with this article and with § 165-28.4
of the Zoning Code of the Town of Geneva at any time it is occupied
or open for business.
The Code Enforcement Officer shall have the authority to examine
the premises and locations of any buildings or structures in the Town
of Geneva and shall determine whether or not they comply with the
existing zoning laws and with this article. The Animal Control Officer
shall have the authority to inspect the premises and buildings and
assess the conditions of the dogs and/or cats within the buildings
and structures or on the premises in the Town of Geneva. The Code
Enforcement Officer shall keep a permanent record of all violations
of this article, whether reported by private citizens or by any board,
agency, officer or employee of the Town, and such record shall show
the disposition of all such violations.
Preexisting commercial breeding facilities and preexisting noncommercial
breeding facilities must be in compliance with this article except
as it pertains to such commercial breeding facilities or noncommercial
breeding facilities having to obtain a special use permit and site
plan approval. Preexisting commercial breeding facilities and preexisting
noncommercial breeding facilities must obtain special use permit and
site plan approval if they or any buildings, structures, improvements
or use located thereon will be expanded or enlarged or if any buildings,
structures, improvements or use will be added, whether such expansion,
enlargement or addition is to bring such commercial breeding facility
or noncommercial breeding facility in conformance with this article
or of the owner/applicant's own initiative.
