Town of Alden, NY Article III Kennel Special Use Permit

§ 143-10 Special use permit.

A. Kennels are permitted only in Rural Agricultural Districts upon the issuance of a kennel special use permit in accordance with the kennel special use permit provisions herein.

B. In any application for a kennel special use permit to operate a kennel in the Town of Alden, the applicant must provide a site plan which site plan must include the location of the kennel, including distances from adjoining properties, screening that is being provided to limit the ability of dogs to view others in order to limit the amount of barking, the design for such kennel identifying the specific areas and size of areas provided for each dog to be housed in the kennel, the types and/or size of dogs to be housed at the kennel to ensure that the shelter is suitable to the breed and age of dog to be housed there, such area to meet minimal space requirements as set forth by the Agriculture and Markets Law of the State of New York so as to allow the dog to move about in a natural manner, light, area and temperature sufficient to protect the dog.

C. All pens and runways for the dogs must be a least 100 feet from any adjoining lot line and a minimum of 150 feet from any street line.

D. Kennels must be maintained to ensure that the interior spaces are structurally sound and in good repair to keep the dogs contained therein from injury. There must be no rust, jagged edges or sharp points.

E. Kennels must provide sufficient shelter to allow dogs to be sheltered from inclement weather. A kennel cannot harbor more than 25 dogs at any one time.

F. Kennels must separate dogs where appropriate, including separation of incompatible dogs, females "in heat" and male dogs, vicious and other dogs, adult dogs and puppies (other than the mother with nursing puppies) and dogs with contagious disease and healthy dogs.

G. Kennels shall be periodically inspected by the Dog Control Officer at least once a year or at such other shorter period as determined to be appropriate by the Dog Control Officer to ensure that the dogs are properly cared for. The Dog Control Officer shall inspect the kennel for the purpose of determining, among other things:

(1) That the dogs are being properly fed at suitable intervals, with wholesome food appropriate for the breed and age of the dog and sufficient to maintain a reasonable level of nutrition in each dog. The food shall be served in a suitable receptacle, dish or container that has been physically cleaned.

(2) That the dogs are being properly watered with a constant supply of clean, fresh potable water in a sanitary manner.

(3) That the kennel is properly being maintained as clean, structurally sound and in good repair with no rust, jagged edges or sharp points.

(4) That all dogs over four months of age are properly licensed and have received the require rabies shots.

(5) That all dogs are provided the opportunity for daily exercise.

H. The kennel special use permit for operating a kennel may be revoked if it is determined by the Dog Control Officer that the operator of the kennel is not operating the kennel in the manner required by this article.

(1) If the Dog Control Officer has determined that the kennel is not being operated in accordance with the requirements of this article, the Dog Control Officer shall notify the operator of the kennel as to any deficiencies that he has found in the operation of the kennel.

(2) Upon receipt of the notice from the Dog Control Officer of the alleged deficiencies, except in the case of failure to provide food and water, the operator shall have 30 days to correct such deficiency and the Dog Control Office shall inspect the kennel at the end of such thirty-day period to determine whether it has been corrected.

(3) If the Dog Control Officer determines that it has not been corrected, the Dog Control Officer shall notify the Town Board of the failure to comply and a hearing shall be held before the Town Board upon 15 days' notice to the operator.

(4) If the Town Board determines that the operator is not operating in accordance with the requirements of this article, the Town Board shall revoke the kennel special use permit.

(5) In the case where the deficiency detected by the Dog Control Officer is the failure to provide food and water, the Dog Control Officer shall immediately remove the dogs and place them in a suitable shelter. The cost of housing such dogs at such shelter shall be at the sole cost of the operator of the kennel. The operator of the kennel shall be entitled to a hearing before the Town Board on 15 days' notice to the operator and if the Town Board determines that the operator is not operating in accordance with the requirements of this article, the Town Board shall revoke the kennel special use permit.

I. Kennel special use permit procedure: The Town Board may, upon application and a public hearing thereon, and when the provisions of § 143-10A through G are met, issue a kennel special use permit as follows:

(1) Application. Application for a kennel special use permit shall be made to the Town Board on a form provided by the Town Clerk's office and shall be accompanied by a fee as set by the Town Board.

(2) Planning Board review. All applications for a kennel special use permit shall be reviewed by the Town Planning Board, which shall report its findings to the Town Board. Prior to reporting its findings to the Town Board, the Planning Board shall refer the application to the Erie County Planning Board for advisory review and in accordance with § 239-m of the General Municipal Law.

(3) Notice of public hearing. Notice of the public hearing to be held by the Town Board shall be mailed to the adjacent property owners and published in the official newspaper of the Town of Alden at least five days prior to the date of the hearing.

(4) Town Board review. After considering the Planning Board's recommendation, the Town Board may issue a kennel special use permit attaching any conditions it may deem necessary.

(5) Term of permit. A kennel special use permit shall expire one year from the date of issuance by the Town Board.

(6) Permit renewal.

(a) Requests for renewal shall be submitted in writing to the Town Board, accompanied by the fee as set by the Town Board.

(b) Notices of the request for renewal shall be mailed to the adjacent property owners at least five days prior to the Town Board taking action on the request for renewal.

(c) The request shall be reviewed and an inspection of the property shall be made by the Dog Control Officer per the specifications listed in § 143-10G above. The Dog Control Officer shall report his/her finding to the Town Board which, upon a determine of compliance, may renew the kennel special use permit for one year.