[Adopted 6-18-2007 by L.L. No. 6-2007 (Ch. 59, Art. III, of the 1997
Code)]
It is the intent hereof to require that in order for a dog kennel
to be maintained or established in the Town of Milo, outside the Village
of Penn Yan, a kennel permit be obtained from the Town, for the purposes
of keeping a record thereof and assuring the healthful and humane
treatment of dogs pursuant to New York State and/or federal law.
A.
COMMERCIAL KENNEL
EXEMPT KENNEL
KENNEL PERMIT
NONCOMMERCIAL KENNEL
As used in this article, the following terms shall have the meanings
as indicated:
Any use on a lot, whether such use is primary or otherwise,
wherein five or more dogs, each of which is six months of age or older,
are kept or maintained for sale, boarding, breeding, grooming, letting
for hire, training or any other purpose involving compensation, whether
monetary or otherwise, of any kind.
Any use on a lot for a municipal animal shelter or veterinary
facility, unless such use includes activities which would be defined
herein as a commercial kennel.
The document issued by the Town of Milo pursuant to this
article, indicating compliance with the application process required
by this article.
Any use on a lot, whether such use is primary or otherwise,
wherein five or more dogs are kept or maintained for a purpose other
than compensation of any kind.
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 Article 26-A of the Agriculture and Markets Law (Care of Animals
by Pet Dealers), Article 35-D of the General Business Law (Sale of
Dogs and Cats) and the Federal Animal Welfare Act (7 U.S.C. § 2131
et seq.), as well as the amendments and/or successors to said laws.
A.
Every commercial or noncommercial kennel which is required to be
licensed by either the New York State Department of Agriculture and
Markets or the United States Department of Agriculture shall at all
times be so licensed.
B.
Every individual dog which is kept or maintained in a commercial
or noncommercial kennel shall at all times be licensed, if required,
pursuant to state and local law or regulation.
C.
Every individual dog which is housed, kept or maintained in a commercial
or noncommercial kennel shall at all times be in compliance with all
applicable vaccination and other canine health maintenance requirements
pursuant to federal, state and local law or regulation.
A.
No commercial or noncommercial kennel shall be operated, maintained
or kept on a lot in the Town of Milo, outside the Village of Penn
Yan, unless a kennel permit has been issued for such commercial or
noncommercial kennel. The Code Enforcement Officer shall issue each
kennel permit upon application for same, subsequent to verification
by the Town of Milo Code Enforcement Officer that any kennel license
required pursuant to state or federal law or regulation is currently
in effect for that kennel.
B.
The kennel permit issued by the Town of Milo shall be separate and
distinct from any kennel licensing by the federal government or the
New York State Department of Agriculture and Markets, as well as permits
issued pursuant to the Town of Milo Zoning Chapter and the New York
State Uniform Fire Prevention and Building Code.
C.
There shall be a fee for such kennel permit, as well as any renewal
thereof, the amounts of which shall be established by resolution of
the Town Board. Such fee must be paid prior to issuance of the kennel
permit or renewal thereof.
D.
The kennel permit application shall contain a certification by the
applicant that the kennel is in compliance with all applicable federal,
state and local laws, rules and regulations, as well as any and all
conditions of any license(s) which pertains to such kennel.
E.
The application form shall require disclosure of whether the applicant,
property owner or operator of the kennel has ever been convicted of
a crime involving animal cruelty or animal torture or determined to
have violated any section of Article 26-A of the Agriculture and Markets
Law of the State of New York or any section of Article 35-D of the
General Business Law of the State of New York.
F.
The kennel permit shall be valid for a period of one year from date
of issuance and shall be subject to annual renewal. The requirements
of this article shall equally pertain to the renewal of such kennel
permit.
A.
All kennel licenses and permits shall be prominently displayed on
the kennel premises.
B.
A Town of Milo kennel permit may be denied or revoked based upon
clear and convincing evidence that false information has been supplied
in the application for such kennel permit, that the kennel's
license, if any is required, has been suspended, revoked or otherwise
terminated by an agency of the federal or state government or the
conviction of the kennel permit holder of any crime involving animal
cruelty, or determined to have violated any section of Article 26-A
of the Agriculture and Markets Law of the State of New York or any
section of Article 35-D of the General Business Law of the State of
New York.
C.
Each kennel permit shall be valid for a period of one year and may
be renewed annually subject to the provisions hereof.
The Code Enforcement Officer of the Town of Milo is authorized
and directed to enforce the provisions hereof.
A.
Any violation of the provisions of this article shall constitute
a violation punishable by a fine not to exceed $250, by incarceration
for not more than 15 days, or by both such fine and incarceration.
In the event that any violation is ongoing or continuous, each twenty-four-hour
period thereof shall constitute a separate and distinct offense and
may be prosecuted as such.
B.
In addition to the foregoing remedies, an action or proceeding in
the name of the Town of Milo may be commenced in any court of competent
jurisdiction to compel compliance with or restrain violation of this
article.
