§ 90.54. KENNEL REGULATIONS.


Latest version.
  • (A) Definitions.
    (1) COMMERCIAL KENNEL. According to IC 15-21-1-4. Means a person who maintains more than three unaltered dogs that are at least 12 months of age, bred for profit.
    (2) NON-COMMERCIAL KENNEL. According to IC 15-21-1 Includes ail other kennels.
    Examples include: animal shelters, humane societies, animal rescue operations (as long as they do not breed dogs), hobby breeders (those with more than three dogs but less than 20 unaltered dogs that are at least 12 months of age), and anyone who breeds at least 75% of their dogs for sporting, service, or law enforcement/military purposes.
    (3) EXISTING NON-COMMERCIAL KENNEL. A kennel that has three or more dogs prior to the adoption of this ordinance and meets the criteria established in division (B).
    (4) SERVICE DOGS. A type of assistance dog specifically trained to help people who have disabilities. They shall be exempt from adding to the total number of dogs allowed.
    (B) Purpose.
    (1) The purpose of this section is to regulate the process for giving permits for dog kennels, to regulate the building of dog kennels, and to regulate the operation of dog kennels.
    (2) It is not the purpose of this section to penalize those individuals that are currently running non-commercial kennels. Therefore, those existing non-commercial kennels who obtain a kennel permit within one year of the adoption of this section shall be exempt from all its requirements provided they meet the requirements set forth below in attached Exhibit B.
    (C) Zoning requirements.
    (1) Commercial kennels.
    (a) Shall be permitted in agricultural and commercially zoned areas provided all the requirements of this section are met, as it pertains to them.
    (b) Shall not be permitted in residential zoned areas or subdivisions.
    (2) Non-commercial kennels.
    (a) Shall be permitted in agricultural and commercially zoned areas provided all the requirements of this section are met, as it pertains to them.
    (b) Shall not be permitted in residential zoned areas or subdivisions.
    (3) Kennel permits are required for any residence that has more than three total dogs.
    (D) Minimum lot specifications.
    (1) Commercial kennels.
    (a) The minimum lot size shall be two contiguous acres.
    (b) The kennel structure shall be set back at least 400 feet from the nearest adjacent property line.
    (c) The kennel confining fencing shall be set back from all property lines by at least 20 feet.
    (2) Non-commercial kennels.
    (a) The minimum lot size shall be two contiguous acres.
    (b) The kennel structure shall be set back at least 400 feet from the nearest adjacent property line.
    (c) The kennel confining fencing shall be set back from all property lines by at least 20 feet.
    (E) Kennel and site requirements.
    (1) Commercial kennels.
    (a) All exercise areas proposed to be used by loose dogs shall be fully enclosed by a fence.
    (b) The fence should be no less than six feet high (see Exhibit A).
    (c) The kennel shall be constructed of new or otherwise serviceable materials.
    (2) Non-commercial kennels.
    (a) All exercise areas proposed to be used by loose dogs shall be fully enclosed by a fence.
    (b) The fence should be no less than six feet high (see Exhibit A).
    (c) The kennel shall be constructed of new or otherwise serviceable materials.
    (F) Required supporting documentation.
    (1) Commercial kennels.
    (a) The applicant shall submit a manure management plan acceptable to the County Health Department.
    Kennels already established, are well kept, and where no problem exists, are exempt.
    (b) The applicant shall submit calculations supporting the proposed kennel size. For example: dog breed A typically requires a minimum kennel area of X square feet per animal and the proposed number of animals is Y. Therefore for dog breed A the proposed kennel will have a minimum of (X)(Y) square feet of space. Please refer to IC 35-46-3-0.5 for additional information.
    Kennels already established, are well kept, and where no problem exists, are exempt.
    (c) The applicant shall submit a dog kennel management plan that includes the following information:
    1. Maximum number of animals on premises.
    2. Proposed breeding and marketing schedules.
    3. Proposed animal dwelling time. (i.e., temporary versus long term)
    4. Proposed daily animal care requirements.
    5. Mortality disposal plan.
    a. Kennels already established, are well kept, and where no problem exists, are exempt from submitting a management plan.
    (d) It is recommended that an emergency contact number and number of animals be listed on any building, or home, that contains animals, in case of an emergency.
    (e) The applicant shall submit a copy of their Commercial Dog Breeders registration/license, required by the State of Indiana.
    (f) The applicant shall submit a proposed construction schedule, as applied to new structures, and those structures being remodeled.
    (g) All dogs kept outside, must be provided with adequate shelter, cleanliness, food, water, and those things necessary for good health.
    (h) The applicant shall submit proof of liability insurance.
    (i) Need to adhere to the standard of care statement in division (G).
    (2) Non-commercial kennels.
    (a) Shall submit a manure management plan, as necessary for the County Health Department.
    (b) Shall submit a proposed kennel area.
    (c) Shall submit a dog kennel management plan that includes an estimate of the number of dogs on the premises. Example (less than 20, more than 20, and the like. This is required to differentiate between a minor/major kennel license).
    (d) It is recommended that an emergency contact number and number of animals be listed on any building, or home, that contains animals, in case of an emergency.
    (e) There are no registration/license required by the State of Indiana (they are exempt).
    (f) Shall be exempted from submitting a proposed construction schedule, except as is required by county building codes for new structures and those structures being remodeled.
    (g) All dogs kept outside, must be provided with adequate shelter, cleanliness, food, water, and those things necessary for good health.
    (h) Shall be allowed to decide, with the help of their insurance company, whether or not they need to be covered by liability insurance.
    (i) Need to adhere to the standard of care statement in division (G).
    (G) Standards of care statement.
    (1) All dogs will be provided with adequate shelter.
    (a) Considering shade and location when taking extreme temperatures under consideration. Protect from rain, direct sun, and snow.
    (b) Consider size of area, so that animals can comfortably move around, in their enclosures, or specified areas.
    (c) Provide adequate ventilation.
    (2) All dogs will be provided with clean, fresh water at all times.
    (3) All dogs will be provided with adequate nutrition (taking their lifestyles into consideration: working, hunting, training, pregnant/nursing, regular activity.
    (4) All dogs will be provided a clean area to lie down and walk around, free of feces and urine.
    (5) All dogs will be provided adequate exercise (taking their lifestyles into consideration).
    (6) All dogs should be kept in good health, providing medical treatment as needed.
    (H) Penalties for commercial and non-commercial kennels: see § 90.99, Penalty.
    (Ord. 27-2012, passed 12-3-12) Penalty, see § 90.99
    EXHIBIT A
    (A) The purpose of this exhibit is to give guide lines as to the size of kennel fence and recommendations for individual crate sizes that should be considered for the type and breed of dog being raised.
    (B) Kennel fences for all size dogs shall be no less than six feet in height.
    (C) The recommended crates or pet beds shall be as listed below.
    EXHIBIT B
    Application for Non-Commercial Kennel
    Name:
    Address:
    Phone:
    1. Are you a resident of the City of Peru or within the two mile jurisdiction? YES OR NO
    2. How long have you been a resident at your current location?
    3. What is the reason for obtaining a Kennel License?
    a. Own more than three dogs.
    b. Own or breed dogs for personal reasons. (ex: sporting dogs, hunting dogs, working dogs, show dogs)
    c. Animal rescue operation. (No animals used for breeding)
    d. Hobby breeder (less than four unaltered females that are at least 12 months of age).
    e. Commercial breeder (Maintains more than four unaltered females that are at least 12onths of age).
    f. Other (Please explain).
    4. Is this a new kennel? YES OR NO
    5. What was the date the kennel was established?
    Signature and date of applicant
    Signature and date by Planning Commission representative
    (Ord. 27, 2012, passed 12-3-12)