A year after imposing a moratorium on the consideration of applications for permits to establish dog kennels, the Town of Gardiner has finally passed its new Kennel Law. At its February 8 meeting, the Town Board unanimously voted to close the public hearing on the new local law, issue a negative declaration on its Environmental Assessment Form and adopt it.
The impetus to amend sections 80-15 to 80-24 of Gardiner’s Zoning Code that apply to kennels arose in the summer of 2020, when Springtown Farmland, LLC submitted a proposal to convert a 180-acre former horse farm at 163 Denniston Road, off Sand Hill Road, into a dog kennel. Among the residents of the neighborhood was Planning Board member Josh Verleun, who quickly determined that the intent was for the site to house a puppy mill, not merely a place to leave one’s dog while going on vacation. Concerned about the potential for incessant noise, canine waste runoff and other issues, neighbors were bracing for a fight when Springtown Farmland suddenly withdrew its application.
Verleun’s scrutiny revealed weaknesses and inconsistencies in the language of the section of Gardiner’s code regulating kennels, so the Town Board imposed a six-month moratorium and then extended it while a committee led by former councilman David Dukler researched model kennel laws in other communities. Several sessions of feedback and tweaking were required before Board members arrived at a version that they felt left no loopholes for bad actors but still allowed private individuals to sell a random litter of puppies or raise hunting dogs.
For the first time, the new Kennel Law explicitly prohibits breeding dogs for commercial purposes in the Town of Gardiner. Kennels may still be established, within the Agricultural/Residential zoning districts only, for the purposes of “boarding, grooming, letting for hire, training for a fee or selling.” Other types of facilities for fostering or boarding dogs, such as animal hospitals, shelters and rescue organizations, are also permitted under the law. The number of adult dogs kept at a noncommercial kennel may not exceed ten at any given time.
Most of the text of the law is focused on the specific conditions that must be maintained at such facilities in order to ensure “the healthful and humane treatment of dogs,” along with “the rights of Gardiner residents to the peaceful enjoyment of their property.” Temperature control, ventilation, sanitation, lighting, nutrition, bedding materials, veterinary care, dimensions of pens and runs, construction materials, soundproofing, room for exercise and opportunities for interaction with human handlers and other dogs where appropriate are now all specifically addressed in the code.
The law notes that, in instances where the Town’s standards do not align perfectly with the provisions of the Puppy Protection Act of 2001 amendment to the Federal Animal Welfare Act, “the higher standard will prevail.” Kennels must obtain a Special Use Permit, submit a management plan and be licensed and inspected annually by the Town’s dog control officer. Permits may be suspended or canceled by the Town Board “should the operation be deemed harmful to the community,” and a structure of fines ranging from $350 to $3,000 plus imprisonment has been established for violators.
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