To all of my friends and fellow dog lovers out there.....HELP!!!

The town I live in has recently presented an idea that they want to pass a town law preventing kennels in areas zoned as residential and also to restrict the number of dogs an owner can have as household pets on their own property based on lot size. The current proposal lists lots smaller than 2 acres as being allowed to only have 3 dogs, 2 to 9 acres can have 4, and 10 acres can have 6. Any more than that and the homeowner must apply for a permit!!!

Now...keep in mind my town covers 52 square miles..this would affect a number of people, and many are unhappy about it!! The last town board meeting was standing room only!!

The catalyst for this was an illegal kennel of 30 beagles that cropped up in a residential area and is making the neighbors there nuts w/ all of the constant barking. The town decided that perhaps w/ the growth of our area more people might want to have kennels and dogs, so they think enacting a law such as theirs would protect the local quality of life. I think their intentions are good, but the methodology is flawed!

Has anyone out there been exposed to this type of thinking in their municipality?? If so, how was it handled?? Does anyone out there have any knowledge of the legality of this type of legislation? ( to me it seems to be an infringement of my rights as a property owner)

Currently there is a law which deals w/kennels in residential areas, and it is required that a person obtain a permit. I feel that this would be the time to address individual concerns based on a case by case study of the scope and location of the proposed kennel. I do not see a need to ban it entirely.

I do not condone limiting the number of household dogs allowed under any circumstances! Animal control laws already exist to ensure that animals are housed properly. Any noise issues should be dealt with by way of a noise ordinance, which my town currently does not have!

I appreciate any and all feedback possible. I would like to be able to attend the next board meeting with a broader perspective. Thanks in advance!!!

Considering there is no noise ordinance, try to get one of those passed.

My city has the limit of 2 dogs and 3 cats per household. If the neighbors aren't bothered and the animals are well cared for, licensed, etc., a variance can be gotten for an additional animal.

Wow, the city of Philadelphia has a limit of 12 animals per household (I'm assuming this is just cats and dogs). Considering Philadelphia is so populated, I find it strange that smaller cities would limit the amount of pets that much.

Kimberly

In my city, in order to have more than 3 dogs, a person is required to have a permit, however, I think this goes unrecognized unless there is a problem (IE: Barking, etc).

I can't speak for the other pets/limits because I do not know...

In my county a kennel requires a conditional use permit. That means there is no zoning for kennels (just as there is no zoning for churches) and anyone who wants to establish a kennel (or build a church) must get a permit.

I think your town board has a solution that is looking for a problem. Well maybe not, but here is my thinking:

If I was going to write a letter to the town board, I'd point out that the kennel that sparked this legislation was already. Since it was already illegal, tightening the law up would not have made any difference. Therefore, a change in the law is not justified. I would also ask for a list of complaints against dog owners with more than 3 dogs on a two acre property, with more than 4 dogs on nine acre property, and against dog owners with more than 6 dogs on a 10 acre or larger property. If they can't produce the complaints, or the number of complaints are very low, I would argue that the proposed law does not address any real problems.

Good luck to you.

I meant the kennel in question was "already illegal".

Rich, that is a very good idea! I like that!!I would be very interested in the response to that, as I am quite sure that there are very few actual complaints on file! That is a very reasonable and valid line of questioning, since as you point out, in the absence of such complaints, how can the town justify the need for their proposed law.

Does anyone know if existing laws resticting pet ownership municipality( town, city, etc) wide have ever been challenged as unconstitutional?? Or otherwise unenforceable??

I am going to the town board meeting tonight, so I am hoping maye someone may have an answer to these questions.....

Does anyone know if existing laws resticting pet ownership municipality( town, city, etc) wide have ever been challenged as unconstitutional?? Or otherwise unenforceable??

The latest article in the paper seems to indicate that the town is going to also restrict outdoor dog runs whether or not the owner operates a for-profit kennel( business). Clearly this is not good for the owner who has multiple acres (too expensive to fence in) and wants to be able to safely allow their dogs to be outside unattended!!

I appreciate all input!! Thanks!!

In my city, there was nearly a breed ban because of one outspoken family.

Animal control had not enforced the laws and an older lady was attacked by the dog. Animal control had actually said there was nothing they could do until the dog bit someone(??) which wasn't really the case if they knew the laws forward and backward and actually enforced them.

ONE very persistent person get it changed to a dangerous dog law. Then she and I got it changed into a somewhat acceptable version. It's not great, but it's OK.

I can't find the city now, but there is a smaller town in WI that has restrictions on where outdoor kennels can be placed. They cannot be placed in view of the neighbor's living or dining rooms. I found it quite interesting. I don't know if it has been challenged. If you can't get them to drop it, then maybe you can get them to modify it to something reasonably tolerable.

Be the squeaky wheel tonight. Good Luck!

Thanks Anne, I am in the process of writing down some points I want to make and then I will prepare a document to give to the town supervisor at his request. I am hoping that I can make a difference in how they proceed with this proposal. I do not want to see good responsible dog owners have their rights infringed upon based on a knee jerk reaction to one problem person!