Memorandum
City of Lawrence
City Manager’s Office
|
TO: |
David Corliss, City Manager |
|
FROM: |
Brandon McGuire, Assistant to the City Manager |
|
DATE: |
January 2, 2015 |
|
RE: |
Recommended City Code Changes for Commercial Boarding Kennels |
Boarding Kennel Regulations of the City of Lawrence
The Lawrence City Code provides for some limited regulation of boarding kennels with references to licensing requirements in Chapters 3 and 6, and references to zoning requirements in Chapter 20. The following section provides an overview of the City’s regulations specific to commercial boarding kennels.
Commercial Kennel License
Animal ownership is broadly defined in the City Code as anyone keeping, maintaining, controlling, selling, trading, buying, harboring or possessing an animal (3-102, D and E). The Code requires anyone owning five or more dogs that are ten weeks in age or older to obtain a commercial kennel license. The commercial kennel business license and fee schedule is established in Chapter 6 of the City Code (6-108.3). The licensing fee is $20.00 per dog for the first nine dogs, and $1.00 per dog for each additional dog. Based on the standards set forth in the City Code, boarding kennels should obtain commercial kennel licenses if they have the capacity to board five or more dogs and if that capacity is utilized.
Applications for commercial boarding kennel licenses are reviewed to ensure the facility is located in an appropriately zoned district as defined in City Code Chapter 20, the Land Development Code. The zoning review is the extent of the City’s approval workflow for a commercial kennel license. All known commercial boarding kennel operators in Lawrence are located in appropriately zoned districts.
None of the boarding kennels operating in Lawrence have applied for a boarding kennel license in recent history, and none of the kennels are currently licensed by the City. All known boarding kennels operating in Lawrence are licensed and regulated by the Kansas Department of Agriculture, Division of Animal Health, which provides comprehensive regulations of boarding kennels and other animal service businesses.
Fire Code
The Lawrence-Douglas County Fire Medical Department conducts annual inspections to ensure that facilities, including commercial boarding kennels, comply with the City Fire Code. Of the known animal service operators in Lawrence, there are currently two minor violations of the Fire Code. The first violation is related to an emergency light which is caused by a dead battery, and the second violation is due to a missing cover plate on a wall outlet.
The City Fire Code does not require fire suppression or monitoring systems for commercial boarding kennels. The City adopted the 2012 International Fire Code, published by the International Code Council (ICC), which is the most recent iteration of the code book and the most widely utilized fire code. The National Fire Protection Association (NFPA) publishes an alternative set of fire codes and standards. NFPA 150 offers more stringent fire monitoring and suppression requirements than the ICC Fire Code. The Lawrence Fire and Medical Department has researched NFPA 150 and developed recommendations to implement some of the requirements specific to fire monitoring and suppression systems in boarding kennels. The memo accompanying this report provides an overview of the recommended code amendments.
Animal Code
Lawrence Animal Control is authorized to enforce City Code Chapter 3, the Animal Code, which addresses the treatment, safety and welfare of animals. Any individual or business in possession of animals, including boarding kennel operators, is subject to the Animal Code. Animal Control does not routinely inspect boarding kennels but Lawrence Animal Control officers do maintain relationships with local animal service operators. The State of Kansas administers a comprehensive inspection program based on the Kansas Pet Animal Act.
Animal Control is authorized to investigate any violation of the Animal Code. In recent history, there have been no cases of Animal Code violations by local boarding kennels. If a boarding kennel were to violate the Animal Code, Animal Control would investigate the business and work in partnership with the Lawrence Humane Society and the State Division of Animal Health to address the situation. A range of procedures, fines and penalties are established in the Animal Code to enable the City to enforce the requirements and address violations.
Boarding Kennel Regulations of Other Cities
Staff researched the kennel regulations of several cities in Kansas, the results of which are detailed in Attachment I. The following cities were researched: Bonner Springs, Kansas City, KS, Manhattan, Olathe, Overland Park, Wichita, Topeka and Lenexa. Of those cities, only Manhattan licenses and inspects commercial boarding kennels through specific local regulations. Most cities do not to regulate kennels in order to avoid duplicating the regulations and services provided by the Kansas Division of Animal Health.
State of Kansas Regulations
The Kansas Pet Animal Act (K.S.A. Chapter 47, Article 17) establishes comprehensive regulations for animal service operators in Kansas. The Pet Animal Advisory Board oversees the implementation of the Pet Animal Act and makes policy recommendations for changes to the Act. The Department of Agriculture, Division of Animal Health enforces the Pet Animal Act including the Animal Facilities Inspection Program which licenses and inspects boarding kennels and other animal services businesses. An overview of the Pet Animal Act and the requirements specific to boarding kennel operators is provided in Attachment II.
State agents inspect boarding kennels based on the standards of the Pet Animal Act to ensure the health, safety and welfare of animals. The State inspects boarding kennels every six months to two years depending on the performance of a kennel during previous inspections. Inspections are also initiated by complaints. The Pet Animal Act establishes requirements for boarding kennel facilities, records management and animal care. The State does not require fire monitoring or suppression systems for boarding kennels.
Conclusion
Animal Welfare
The Kansas Pet Animal Act and the Lawrence City Code sufficiently provide for the health, safety, welfare and treatment of animals. The State of Kansas provides comprehensive regulations, business licensing and inspections for animal service operators in Kansas, including commercial boarding kennels. The City Code also addresses the health, safety, welfare and treatment of animals. Boarding kennels are subject to the requirements of both the State and the City, and both the State and the City have established sufficient mechanisms to enforce the respective requirements and penalize those who violate the requirements.
Fire Code
Neither the City Code nor the Kansas Pet Animal Act requires boarding kennel facilities to be equipped with fire monitoring or suppression systems. The City has the authority to address this issue by adopting local amendments to the Fire Code.
Business Licensing
The City Code establishes limited and vague requirements for the City’s commercial kennel business license. References to the commercial kennel license could be revised in order to clarify the policy expectation of the City Code regarding this issue.
Land Development Code
The Land Development Code sufficiently addresses the zoning requirements for kennels and animal services operators. All known boarding kennel businesses in Lawrence are located in appropriately zoned districts. No changes to this chapter of the City Code are necessary at this time.
Recommended Changes to the City Code
Eliminating the City’s commercial kennel license and eliminating all references to the license from the City Code would clarify the policy direction of the City Code regarding the licensing of boarding kennels. Eliminating these references would also allow the City to avoid duplicating the regulations and services provided by the State of Kansas Division of Animal Health. Additionally, the safety level for animals at boarding kennels could be increased by amending the Fire Code to establish fire monitoring and suppression requirements for animal housing facilities. If implemented, the following changes to the City Code would accomplish these recommendations.
Recommendation 1, Revise 3-106 as follows:
It shall be
unlawful to own any animal, including a dog or cat, in a residentially-zoned
district, which by frequent or long continued noise shall disturb the comfort
or repose of any person within the vicinity of such animal; or shall by the
nature of their maintenance or by the numbers of the same shall create an
offensive odor so as to be objectionable to surrounding residences. All dogs
and cats, in heat, shall be confined in a secure and sufficiently enclosed
area. No person shall own on their premises five (5) or more dogs, ten (10)
weeks in age or older, unless such premises is licensed as a commercial
kennel boarding kennel operator by the State of Kansas and is
appropriately zoned for such use.
Recommendation 2, Eliminate 6-108.3 as follows:
|
Code Section |
Classification |
Amount |
Period |
Expiration |
|
|
|
|
|
|
|
|
|
|
|
|
Recommendation 3, Amend the Fire Code as follows:
A. Retroactively require that all animal housing facilities provide smoke detection with integration into a monitored fire alarm system
B. Establish the following requirements for all new facilities, or for facilities subject to renovation:
i. <3,000 sq. ft. smoke detection and monitored fire alarm
ii. >3,000 sq. ft. smoke detection, monitored fire alarm, automatic fire sprinklers installed to NFPA 13
C. Require that all facilities:
i. Provide fire extinguishers and extinguisher training for staff
ii. Provide CO detection where fuel fired appliances are in use
iii. Develop and provide disaster/emergency management plans and provide drills for staff
|
Attachment I. Regulations in other Municipalities
|
||
|
City |
Kennel License |
Administration of Kennel License |
|
Manhattan |
Yes – Commercial License |
Applications are submitted to the City Clerk and require the approval of Planning and Zoning and Animal Control. Animal control conducts kennel inspections. Inspections are based on the standards of care practiced at the city’s animal shelter. The standards are established in the city code. |
|
Bonner Springs |
Yes – Residential License |
Offers a kennel license to commercial kennels and residential properties. No commercial kennels are currently licensed. Instead, the license is used to permit residents to own more pets than city code allows. Applications are submitted to the City Clerk and require the approval of Zoning and Animal Control. |
|
Kansas City, KS |
Yes – Residential License |
Offers a private kennel permit that permits residents to own more pets than the city code allows. The city does not license commercial kennels. |
|
Lenexa |
Yes – Residential License |
Offers a special pet license that permits residents to own more pets than the city code allows. The city does not license commercial kennels. |
|
Olathe |
No |
Does not license commercial kennels to avoid duplication of the State’s services |
|
Overland Park |
No |
Does not license commercial kennels to avoid duplication of the State’s services |
|
Wichita |
No |
Does not license commercial kennels to avoid duplication of the State’s services |
|
Topeka |
No |
Does not license commercial kennels to avoid duplication of the State’s services |
ATTACHMENT II.
Overview State Regulations
Kansas Pet Animal Act
The Kansas Pet Animal Act (K.S.A. Chapter 47, Article 17) establishes comprehensive regulations for animal service operators in Kansas. The Pet Animal Advisory Board oversees the implementation of the Pet Animal Act and makes policy recommendations for changes to the Act. The Division of Animal Health enforces the Pet Animal Act including the Animal Facilities Inspection Program which licenses and inspects boarding kennels. The Pet Animal Act establishes regulations for the:
· treatment of animals
· communicable diseases in animals
· identification of animals
· primary enclosures
· housing facilities
· ambient temperatures
· feeding and watering
· sanitation
· euthanasia
· veterinary medical care
· records maintenance requirements for licensees
· Inspections of licensed premises and investigations of complaints
Pet Animal Advisory Board
The Pet Animal Advisory Board members are appointed by the Governor of Kansas, and the board consists of the following members.
· a representative of a licensed animal shelter or pound
· an employee of a licensed research facility
· a licensed animal breeder
· a licensed retail breeder
· a licensed pet shop operator
· a licensed veterinarian
· a private citizen with no link to the industry
· a licensed animal distributor
· a licensed hobby breeder
· a licensed kennel operator
Animal Services Business Licenses
The State regulates and licenses the following animal services operators.
· Boarding kennel
· Hobby breeder kennel
· Wholesale animal breeder
· Retail animal breeder
· Pet shop
· Pound or shelter
· Foster, rescue and group homes
· Animal research facility
· Animal distributor
Regulations Specific to Commercial Kennel Operators
The following provides an overview of the regulations in the Kansas Pet Animal Act that specifically pertain to commercial boarding kennel operators.
Chapter 47, Article 24.--KENNEL OPERATORS
K.A.R. 9-24-1. Kennel operators.
(a) Structures.
(1) Each kennel shall:
(A) Be constructed of material that will provide for the establishment of a sound structure:
(B) be maintained in good repair; and
(C) protect animals housed inside from injury.
(2) Water and electrical power shall be available in each kennel.
(3) Space shall be supplied in each kennel to store the provisions necessary to adequately operate each such unit.
(b) Operational procedures.
(1) Removal and disposal of animal, and all other food wastes, bedding, dead animals, and debris shall be done on a regular basis and at reasonable intervals. The disposal of these waste materials shall comply with federal, state and local laws and regulations relating to pollution control.
(2) The temperature for an indoor kennel shall be regulated by heating and cooling to sufficiently protect each animal housed inside from extremes of temperatures. Temperatures shall not be allowed to fall below or rise above ranges which would cause discomfort or health hazards to any animal.
(3) Ventilation for a kennel shall be provided at all times by natural or mechanical means.
Each kennel facility shall be operated to provide fresh air by means of windows, doors, vents, fans or air conditioning. Ventilation shall be established to minimize drafts, odors and moisture condensation.
(4) Each kennel shall be provided with uniformly distributed lighting. Lighting shall be in an amount sufficient to permit routine inspection and cleaning and be arranged so that each animal is protected from excessive illumination.
(5) Each kennel shall be provided with a drainage system which will effectively eliminate excess water from kennel unit. If drains are used, they shall be constructed in such a manner to avoid all foul odors and any backup of sewage. Drainage systems shall comply with federal, state and local laws and regulations relating to pollution control.
(c) Pens.
(1) Each kennel shall be constructed to prevent the overheating and discomfort of any animal. Shade shall be supplied either by natural or artificial means. Each kennel shall be constructed of acceptable materials and maintained in strict sanitary condition.
(2) Each kennel shall be constructed and maintained so as to provide sufficient space for each animal housed and to permit normal postural and social adjustments, with freedom of movement for each animal.
K.A.R. 9-24-2. Animal health and husbandry standards.
(a) Animal food shall be wholesome, palatable, free from contamination and of nutritional value sufficient to maintain each animal in good health.
(b) Food receptacles shall be in sufficient number, of adequate size and so located as to enable each animal, in the enclosure to be supplied with an adequate amount of food. Food receptacles shall be kept clean and sanitary.
(c) Excreta shall be removed from each enclosure as often as necessary:
(1) to prevent contamination of the animals, contained therein;
(2) to prevent disease hazards; and
(3) to reduce odors.
Cages, rooms and pens which contain any animal having any infectious or transmissible disease shall be washed each day, and after each occupancy, with hot water and detergent. Effective disinfectant shall be applied as an incident of each washing.
(d) An effective program for the control of insects, ectoparasites and other pests shall be provided and maintained.
(e) A program for disease prevention, parasite control, euthanasia and adequate veterinarian care shall be provided and maintained under the supervision of a veterinarian. Each animal, shall be observed each day by the person in charge of the kennel or by someone working under their direct supervision.
(f) Each animal shall be handled in a manner which will not cause discomfort, stress or physical harm to that animal.
(g) Water and food shall be provided to each animal at least once during each 24 hour period.
Any animal with the nutritional need or disease condition shall be fed more frequently.
K.A.R. 9-18-2. Inspections of premises.
(a) Each premises that is licensed or is required to be licensed under K.S.A. 47-1701 et seq. and amendments thereto, which is known as the Kansas pet animal act, shall be subject to routine inspections by the commissioner or any of the commissioner's authorized representatives to determine compliance with the act and all regulations.
(b) In addition to the routine inspections, any of the premises may be subject to one or more further inspections under any of the following circumstances:
(1) A violation was found in a previous inspection.
(2) A complaint is filed regarding the premises.
(3) The ownership of the premises changed in the previous year.
(4) The license for the premises was not renewed on a timely basis.
(c) Inspections shall be made only on Monday through Friday, between the hours of 7:00 a.m. and 7:00 p.m., except that inspections may be conducted at alternate times, upon the agreement of all interested persons or entities.
(d) If the owner or operator of the premises is not routinely available between the hours of 7:00 a.m. and 7:00 p.m., the owner or operator shall designate a representative who will be present while the inspection is conducted and shall notify the commissioner in writing of the name of the designated representative. The designated representative shall be 18 years of age or older. The owner or operator shall notify the commissioner in writing of any new representative who is designated to be present during inspections.
(e) Inspections shall be made by the livestock commissioner or any employee, representative, or agent of the commissioner who the commissioner determines is trained in reasonable standards of animal care.
K.A.R. 9-18-3. Inspection generated by a complaint.
(a) Each premises that is licensed or is required to be licensed under K.S.A. 47-1701 et seq. and amendments thereto, which is known as the Kansas pet animal act, shall be subject to inspections by the commissioner or any of the commissioner’s authorized, trained representatives as needed to investigate any specific complaint filed with the department regarding any violation of these regulations or other violations of this act.
(b) Inspections to investigate an unlicensed facility or to determine whether a licensed facility is in violation of these regulations or the act shall be conducted only on Monday through Friday, between the hours of 7:00 a.m. and 7:00 p.m., except as follows:
(1) Inspections to investigate allegations of violations adversely affecting the health, safety, and welfare of the animals may be conducted on any day of the week.
(2) Inspections may be conducted at alternate times, upon the agreement of all interested persons or entities.
(c) Inspections shall be made by the livestock commissioner or any employee, representative, or agent of the department who the commissioner determines is trained in reasonable standards of animal care.
(d) Inspections may be conducted without notice to the owner or operator of the premises.
K.A.R. 9-24-3. Records.
Each operator of a kennel shall keep and maintain records for each animal purchased, acquired, held, transported, sold, or otherwise disposed of. The records shall include the following:
(a) The name and address of the person from whom each animal was acquired.
(b) The date each animal was acquired.
(c) A description of each animal showing age, size, color marking, sex, breed and any vaccination information available. Records shall also include any other significant identification for each animal including any official tag number or tattoo.
(d) The name and address of the person to whom any animal is sold, given, bartered or to who otherwise delivered. The record shall show the method of disposition.