Sterling Subcommittee on Kennel Licensing
Sterling Subcommittee on Kennel Licensing
Information Sheet
Sheet Authority: Annual Town Meeting 2021 Article 42 Use Regulations – Commercial Kennels (minutes attached) referred to committee appointed by Select Board
Mission: Address bylaws regarding [commercial] kennel licensing
Background: Currently there is only one definition for kennel in the Protective Bylaws (PBL) as Commercial Kennel, and there has been confusion between a truly commercial operation and someone who personally owns more than four dogs (personal kennel). At the 2021 ATM, a ZBA proposal was meant to limit the number of dogs in a household to four. The proposal abolished commercial kennels in Rural Residential which by definition included those kennels that would be considered personal.
The article was tabled with the formation of a Select Board appointed subcommittee to consist of members of the Zoning Board of Appeals (ZBA), Planning Board, Animal Control Advisory Board (ACAB), Police Department Animal Control Officer (ACO) & members of the general public. (ZBA declined; the committee added Select Board (SB) and Board of Health (BOH) representatives)
Proposal (Articles 27 & Article 28 attached):
1. Distinguish between commercial kennel (which is business) and personal kennel (a collection of more than four dogs owned or kept under single ownership for private personal use)
a. Update PBL definitions consistent with Massachusetts General Law and Sterling General Animal Control Bylaw
2. Allow Uses by Zoning Districts to reflect the commercial nature of certain animal (primarily dog related) businesses versus personal kennels which allow for more than four dogs owned by an individual.
a. Update Table of Uses
Result:
1. Commercial kennels, where allowed (Zoning Districts: Rural Residential (RR), Commercial (C), Town Center (TC) & Light Industrial (LI)) will be subject to Special Permit process of ZBA
2. Personal Kennels will be allowed in some districts or require a Special Permit from ZBA
Where allowed (RR, C & LI) will require a Personal Kennel license issued from Town Clerk, subject to initial and annual inspections by the Board of Health’s Animal Inspector & Police Department’s Animal Control Officer. All kennels will be subject to the BOH and ACO inspection requirements.
3. Complaints regarding kennels received by the Police Department (ACO) will be subject to violations, fines and hearings by ACAB which is empowered to revoke a kennel license.
Considerations:
Neighboring residents would be protected by the recourse procedures provided through law enforcement and Board of Health regulations.
Review of ACO complaint logs show no violations in at least ten years involving kennels, whereas there have been many issues involving individually licensed and un-licensed dogs.
Residents owning more than 4 dogs must incur the time and expense of wading through the Special Permit process to buy a new home in Sterling, even if they have previously held a Kennel License. Kennel Licenses are not transferable to persons or properties.
Experience has found Sterling residents without a kennel licensing (more than four dogs) have been non-compliant—resulting in dogs un-vaccinated against rabies and living in poor conditions. The proposal would provide for all dogs to be under the protection of Board of Health & the Animal Control Officer rather than be hidden outside the system.
PROPOSED ARTICLES:
Article 27. Amend Chapter 301. Protective By-law Article 5. Definitions, Section 301-5.4. Definition of terms.
DELETE:
KENNEL, COMMERCIAL – One pack or collection of dogs on a single premises, whether maintained for breeding, boarding, sale, training, hunting, or other purposes, and including any shop where dogs are on sale, and also including very pack or collection of more than four dogs, three months old or older, owned or kept by a person on a single premises regardless of the purposes for which they are maintained or kept.
ADD:
ANIMAL BUSINESS – Any pet shop, grooming shop, or boarding facility, animal day-care facilities, pet sitting enterprise, except this term shall not include animal shelter, veterinary medical facilities, licensed research facilities, facilities operated by government agencies, or licensed animal dealers regulated by the USDA under the provision of US Public Laws 89544 and 91579.
ANIMAL CLINIC OR VETERINARY HOSPITAL– A facility where animals or pets are given medial or surgical treatment and the boarding of animals is limited to short-term care incidental to the clinic or hospital use.
APPROVED ANIMAL FACILITY– Any animal facility published by the Massachusetts Departments of Agricultural Resources (MDAR) as a “Massachusetts approved shelter and resource organization” and listed as “out of states,” meaning facilities listed as such have approved isolation facilities.
COMMERCIAL BOARDING OR TRAINING KENNEL – An Establishment used for boarding, holding, day care, overnight stays or training of animals that are not the property of the owner of the establishment, at which such services are rendered in exchange for consideration and in the absence of the owner of any such animal; provided, however, that “commercial boarding or training kennel” shall not include an animal shelter or animal control facility, a pet shop licensed under MGL c. 129, 39A a grooming facility operated solely for the purpose of grooming and not for overnight boarding or an individual who temporarily, and not in the normal course of business, boards or cares for animals owned by others.
COMMERICAL BREEDER KENNEL – An establishment, other than a personal kennel, engaged in the business of breeding animals for sale or exchange to wholesalers, brokers or pet shops in return for consideration.
DOMESTIC CHARITABLE CORPORATION KENNEL – A facility operated, owned or maintained by a domestic charitable corporation registered with the Massachusetts Department of Agricultural Resources or an animal welfare society or other nonprofit organization incorporated for the purpose of providing for and promoting the welfare, protection and humane treatment of animals, including a veterinary hospital or clinic operated by a licensed veterinarian, which operates consistent with such purposes while providing veterinary treatment and care.
PERSONAL KENNEL – A pack or collection of more than four dogs, three months old or older, owned or kept under single ownership, for private personal use; provided, however, that breeding of personally owned dogs may take place for the purpose of improving, exhibiting or showing the breed or for use in legal sporting activity or for other personal reasons; provided, further, that selling, trading, bartering or distributing such breeding from a personal kennel shall be to other breeders or individuals by private sale only and no to wholesalers, brokers or pet shops; provided, further, that a personal kennel shall not sell, trade, barter or distribute a dog not bred from its personally-owned dog; and provided, further, that dogs temporarily housed at a personal kennel, in conjunction with an animal shelter or rescue registered with the department, may be sold, traded, bartered or distributed if the transfer is not for profit.
PET SHOP – Every place or premises where birds, mammals or reptiles are kept for the purpose of sale at either wholesale or retail, import, export or barter, exchange or gift.
RESEARCH INSTITUTE – An institution operated in the United States or by the commonwealth or a political subdivision thereof, or any school or college of medicine, public health, dentistry, pharmacy, veterinary medicine or agriculture, medical diagnostic laboratory or biological laboratory, hospital or other educational or scientific establishment within the commonwealth above the rank of secondary school, which, in connection with any of its activities, investigates or gives instruction concerning the structure or functions of living organisms or the cause, prevention, control or cure of disease or abnormal conditions of human beings or animals.
VETERINARY KENNEL – A veterinary hospital or clinic that boards dogs for reasons in addition to medical treatment or care; provided, however, that “veterinary kennel” shall not include a hospital or clinic used solely to house dogs that have undergone veterinary treatment or observation or will do so only for the period of time necessary to accomplish that veterinary care.
SUMMARY: The proposed amendment to the Protective Bylaw will make the Town of Sterling’s Protective Bylaw consistent with Sterling General Bylaw Chapter 18 and Massachusetts General Law.
Article 28. Amend the Protective By-law, Article 2, Section 2.3.1. Table of Principal Uses C. Commercial Uses, Principal Uses
Districts
RR NR C TC LI
10. Commercial Kennel, animal hospital, veterinarian’s office .................................................................................................................................................................................................................SP N SP SP N
10. a. Animal Business, Animal Clinic or Veterinary Hospital,..................................................................................................................................................................................................................SP N SP SP SP
Approved Animal Facility, Commercial Boarding or Training
Kennel, Commercial Breeder Kennel, Domestic Charitable
Corporation Kennel, Pet Shop, Research Institute, Veterinary
Kennel.
10. b. Personal Kennel..............................................................................................................................................................................................................................................................................Y SP Y SP Y
SUMMARY: This proposed amendment to the Protective Bylaw will restrict commercial kennels and dog related establishments with the permit approval of the Zoning Board of Appeals. It will allow personal kennels in specified districts under the existing regulations which include initial and annual renewal applications to the Town Clerk, and inspections by the Board of Health Animal Inspector and Animal Control Officer.
FREQUENTLY ASKED QUESTIONS:
Why are the articles being proposed?
The Zoning board had put forward an amendment to limit personal dog ownership to four.
What’s the number of dogs that defines a kennel?
A kennel license is required for five dogs or more. A personal kennel license is granted to the owners at an address. Current owners of [personal] Kennel Licenses are afraid to potentially move to another home in town for fear they won’t be granted a license at the new residence. The concern is, if kennel licenses are not allowed, that unlicensed kennels would result. Dogs would perhaps not be licensed and vaccinated which poses a public safety issue for people and pets. With kennel licenses, there is control, and it makes it safer for the town having these people and dogs identified and on the books.
What oversight is on personal kennels versus commercial kennels?
Limitations are set through the kennel license application process on a case-by-case basis. The application process still starts with the Town Clerk. The Board of Health Animal Inspector (AI) and the Police Department Animal Control Officer (ACO) visit the premises, and determine the suitability for licensing. The same process applies for annual kennel license renewal.
If there is a complaint, the Animal Control Officer conducts an immediate investigation potentially including the Animal Inspector. The ACO and AI have emergency authority which includes impoundment. The incident report goes to the Animal Control Advisory Board (ACAB) for consideration and resolution, with the potential for a hearing where the kennel license can be revoked. The matter may include Select Board or court proceedings.
What’s the process to obtain a kennel license?
The application is made with the Town Clerk which is where the oversight begins. From there, the Town’s due diligence begins with the Board of Health’s Animal Inspector (AI) and Police Department’s Animal Control Officer (ACO). The residence is subject to an inspection to determine that the owner is meeting the standards for their type of license.
Who provides oversight and performs inspections?
The Town Clerk, the Board of Health’s Animal Inspector, the Police Department’s Animal Control Officer and the Animal Control Advisory Board.
Is there a limit on the number of dogs?
Yes, the kennel license application specifies three types: I (1-4 dogs), II (5-10 dogs) or III (11 dogs and over).
At what point do they become commercial and no longer personal?
When dogs who are not owned by the kennel license holder are taken in for boarding or training overnight.
From last year, commercial kennels are now in Light Industrial (LI) -- why is that?
In looking at the zoning maps, there are residential homes in Light Industrial, and we would not like to exclude those people. That's why we changed that to Y.
Why for commercial kennels is a Special Permit (SP) required in Commercial district, but Y for Personal in Commercial district?
We feel we were charged with addressing personal kennels, and we didn't want to change commercial. If the ZBA wants to change that we leave it to them.
In Rural Residential (RR), why not SP for Personal Kennel?
The oversight process outlined would handle that versus needing a SP
What about ¼ a. lot?
The inspection process would control that. We would not allow 15 dogs in a house on a small lot.
Does Animal Control Advisory Board (ACAB) have a hearing?
The ACAB meets monthly which includes reviewing the ACO complaints logged, but can hold special sessions if necessary. Hearings can be held with the authority to revoke a Kennel License. The process provides for Select Board appeal or court proceedings.
Is it a change of use of the property?
Yes. However, a kennel license is not transferable between owners or properties.
What is the neighbor’s appeal process?
It begins by filing a formal complaint with the Police Department’s Animal Control Officer.
When does a commercial kennel become a Personal kennel?
Commercial kennels are businesses taking dogs in own for overnight boarding or training, etc. as outlined in the definitions. A Personal Kennel is a collection of more than four dogs owned or kept under single ownership, for private personal use.
How many people on the committee have a Personal Kennel?
Two—Karen Kase and Terry Sadler
How many Personal Kennels are in town?
There will be 15 Kennels licensed for 2022. 10 are Personal, and 5 are Commercial.
Are they breeders?
Yes, several are hobby breeders.
Without this change, will they be grand-fathered?
Yes, as long as they don't change their address
Can an unlicensed kennel be shut down?
Yes, via the Animal Control Officer (ACO). If identified and in violation, the ACO issues a letter of violation which faces a $500 fine. The ACO also has the right to impound dogs.
If there is a dispute, does ACAB have the ability to call a Public Session/Hearing?
If there is an issue or dispute, the ACAB has the ability to do oversight. The ACAB meets monthly but can hold special sessions if necessary.