(A) Kennels shall not be located within a residential zoning district but must be located within a commercial or industrial zoning district, pursuant to the zoning ordinances of the town subservient to the county’s Area Plan Commission.
(B) A kennel must provide a shelter for each animal and each shelter shall meet the following minimum requirements.
(1) For each animal under 12 inches of height when full grown, a shelter shall be at least 22 inches high, 24 inches wide and four feet deep.
(2) The shelter for each animal which is more than 12 inches high but less than 30 inches high when fully grown, shall be at least 40 inches high, 36 inches wide and 60 inches deep.
(3) The height of an animal shall be measured by the distance from the bottom of one of his or her front paws in a perpendicular line to the plane at the top of the animal’s head, and incorporated herein by reference for purposes of determining fully grown dog height, is the Gaines Guide to America’s Dogs, drawing by E.M. Stevenson, copyright 1979, Gaines Dog Research Center, White Plains, New York, a copy of which is attached to the ordinance codified herein, marked Exhibit A and made a part of this subchapter by reference.
(4) Notwithstanding the foregoing provisions regarding the size of shelter, all shelters provided for animals shall be of sufficient height, width and depth to permit said animal to stand up and turn around inside when fully grown. If the minimum standards provided herein are not sufficient for the foregoing movement by the animal, then it shall be incumbent upon the owner to provide more adequate size shelter to meet the foregoing requirements.
(5) All shelters provided for herein shall be constructed with such materials as to reasonably restrain the animal for which it is intended, and shall be so constructed so that the animal cannot reasonably injure itself within the confines of such shelter. The shelter shall be constructed or located so as to protect the animal from excessive sun exposure and rain exposure and shall be so that the temperature within the shelter is never below 20°F, and is never above 85°F.
(6) Every kennel shall maintain a fenced or other enclosed area, reasonably close to the shelter required for animals herein, which fenced or other enclosed areas shall provide 100 square feet of area per animal, but not less than 400 square feet of area, in which to allow the animals to exercise and which fence or other enclosing wall shall be at least four feet in height for animals, less than 20 inches high when fully grown, and shall have no holes or other open space greater than four square inches in size per open space in said fences or other enclosing wall.
(7) The owner of each kennel shall keep all parts of the kennel, including the shelter areas, odor free. Waste shall be removed from the kennel, shelter and open areas as needed, but at least once each 24 hours, and shall be disposed of in a sanitary method. Shelters and any buildings housing shelters shall be kept clean and disinfected at least once every 24 hours.
(8) The owner of every kennel defined herein shall permit inspection of the kennel for compliance with this subchapter at any and all reasonable times, by the Town Marshal or any of his or her assistants, or by any other person appointed by the Town Council for that purpose, which requirement shall be a condition of maintaining a kennel within the town.
(9) The shelters provided herein shall be so situated and so constructed so that any noise made by the animals cannot be heard from a distance of 40 feet outside the buildings in which the shelter is maintained, if located within a building, or if not located within a building, then so that the animals cannot be heard from a distance of 40 feet outside the shelter.
(10) In the event that a kennel is located upon real estate, although the same is zoned as provided herein, if such parcel of real estate is adjacent to a residence, or in an area of the town zoned as residential, then no part of the shelter, building housing shelters or the enclosure shall be closer to such residence or residential-zoned area than 50 feet.
(Prior Code, § 2-2-2) (Ord. 84-2-2, passed - -)