[Adopted 9-3-2024]
DOG BREEDING FACILITY
Any building or lot on which one of the follow occurs:
A. 
At least three or more dogs at any one time are bred or sold for commercial purposes.
B. 
Any adult female dog is bred more than once in any 12-month period with the intent of selling or giving away the offspring of said dog.
C. 
More than two litters of puppies are sold or given away in any 12-month period.
D. 
Two or more unspayed female dogs are housed on the property.
DOG KENNEL FACILITY
Any building or lot on which at least three or more dogs not owned by the property owner are trained or boarded (but not bred or sold) for commercial purposes.
DOG SHELTERING FACILITY
Any building or lot where three or more dogs are provided with temporary shelter for the purpose of finding new homes and/or owners for said dogs but not for commercial purposes. This definition shall apply whether or not said dogs have been registered in the property owner's name. It shall not apply to: any facility operated by or under contract for the state, a county, a municipal corporation or any other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs: or to any veterinary hospital or clinic owned by a veterinarian or veterinarians which is operated for such purpose in addition to its customary purpose.
Dog breeding, dog sheltering and dog kennel facilities shall be annually permitted by special use permit. All standards are to be met pursuant to Chapter 640, Zoning of the Code of the City of Fulton.
A. 
Pursuant to Section 10 of Municipal Home Rule Law, any person, firm, or corporation who commits an offense against, disobeys, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this law pertaining to dog facilities shall, upon conviction, be deemed guilty of a misdemeanor and subject to fine and/or imprisonment as specified below. Each week an offense is continued shall be deemed a separate violation of this law.
(1) 
A violation of this article shall be deemed a misdemeanor offense, punishable by a fine not to exceed $100 or imprisonment for a period not to exceed 15 days, or both for a conviction for a first offense.
(2) 
A fine not to be less than $100 nor more than $250 or imprisonment for a period not to exceed 30 days, or both for a conviction for a second offense within a period of five years from the date of the commission of the first offense.
(3) 
A fine not to be less than $250 nor more than $500 or imprisonment for a period not to exceed 60 days, or both for a conviction for a third offense within a period of five years from the date of the commission of the first offense.
(4) 
A fine not to be less than $500 nor more than $1,000 or imprisonment for a period not to exceed one year for a fourth or subsequent offense.
B. 
The City of Fulton Common Council may maintain a civil action or proceeding in the name of the City of Fulton in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of this article.