[Adopted 4-6-2017 by L.L. No. 3-2017]
It is the intent hereof to require that, in order for a dog kennel to be maintained or established in the Town of Forestburgh, 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. 
As used in this Part, the following terms shall have the meanings as indicated:
EXEMPT KENNEL
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.
KENNEL
Any establishment or building, including cages, animal runs, exercise areas and structures, wherein five or more dogs or cats, or combination thereof, which are over six months old are harbored for commercial purposes, along with attendant services which may include any one or a combination of the following: boarding, grooming or training. No breeding or pet dealing shall be permitted. The maximum aggregate number of dogs and cats shall be 20, and no animals other than dogs and cats shall be permitted.
KENNEL PERMIT
The document issued by the Town of Forestburgh pursuant to this Part, indicating compliance with the application process required by this Part.
B. 
All other words and phrases used in this Part shall have, for the purpose of this Part, 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.
D. 
Every commercial and noncommercial kennel shall at all times be in compliance with all applicable federal, state and local laws and regulations, including, but not limited to, Town of Forestburgh zoning regulations and New York State Uniform Fire Prevention and Building Code regulations.
A. 
No commercial or noncommercial kennel shall be operated, maintained or kept on a lot in the Town of Forestburgh, unless a kennel permit has been issued for such commercial or noncommercial kennel. The Code Enforcement Officer may issue each kennel permit upon application for same following a physical inspection of the proposed kennel area, subsequent to verification by the Town of Forestburgh Code Enforcement Officer that any kennel license required pursuant to state or federal law or regulation is currently in effect for that kennel. Issuance or renewal of a kennel permit is subject further to the kennel permit criteria below.
B. 
The kennel permit issued by the Town of Forestburgh 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 by the Town of Forestburgh Planning Board pursuant to the Town of Forestburgh 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 upon application by the permit holder. The requirements of this Part 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. 
Each kennel permit shall be valid for a period of one year and may be renewed annually subject to the provisions hereof.
A. 
A Town of Forestburgh 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.
B. 
Prior to revocation of a kennel permit, the Code Enforcement Officer shall notify the permit holder in writing of the intention to revoke the permit. Such notice shall contain a statement of the grounds supporting permit revocation and shall specify the date, time and place of a public hearing to be held before the Town Board to consider the revocation. Notification of the hearing shall also be sent to property owners within 300 feet of the boundaries of the subject parcel.
C. 
At the hearing, the permit holder shall have a right to appear in person or by counsel and to introduce such evidence as (s)he may desire to show cause why the permit should not be revoked and why the grounds cited in the notice do not exist.
D. 
After the hearing, the Town Board may revoke the permit or may impose additional conditions in order to allow continuation of the permit if it finds that any of the grounds for revocation exist. Alternatively, the Town Board may determine that the permit should not be revoked. In any case, the decision of the Town Board shall be final.
E. 
Upon revocation of a permit, the Town Board shall allow the permit holder a reasonable time, up to 30 days, to relocate those cats/dogs which exceed the keeping of pets, or may immediately impound all the animals if the cause of revocation involves health and safety violations or animal neglect or cruelty in accordance with state law.
The Code Enforcement Officer of the Town of Forestburgh is authorized and directed to enforce the provisions hereof.
A. 
Any violation of the provisions of this Part 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 Forestburgh may be commenced in any court of competent jurisdiction to compel compliance with or restrain violation of this Part.