Learn How You Can Use Conditional Use Permits To Fight Puppy Mills!
by Laura Allen, Best Friends Animal SocietyIn many counties and cities, as with most businesses, commercial dog breeders or puppy mills must get a permit, usually called a conditional use permit or CUP, to operate.
There have been efforts to try to get local officials to
deny conditional use permits to puppy mills. In one battle that is still raging, Mike Fry of Animal Ark, and others have appealed
for the second time a decision by Morrison County, Minnesota to issue a CUP to a puppy mill. For more on their efforts to shut down the puppy mill by getting local officials to deny a CUP, read Best Friends’ earlier reports.
Fight To Deny Conditional Use Permit For Puppy Mill Continues Effort To Deny Conditional Use Permit For Morrison County Puppy Mill ContinuesChallenges To Conditional Use Permit For Puppy MillAlso, recently, Best Friends Animal Society spoke at a hearing in Bland County, Virginia in an effort to get local officials to put expensive and humane restrictions in a CUP for a puppy mill. In the end, the county’s Board of Supervisors actually agreed to limit breeding of the dogs and included several other requirements in the CUP. For more on this, read Best Friends’ earlier reports.
Bland County Limits Breeding Of Puppy Mill DogsBest Friends Animal Society Speaks At Hearing On Puppy Mill Permit Because of constitutional restrictions, it is not usually possible for a county or city to just deny a CUP. But there can usually be any number of restrictions issued with the CUP. With the restrictions in the CUP, it can be much easier for local citizens to challenge the operation of the mill in court or before the county or city government for poor care, abuse or other violations. The restrictions may also make it much more expensive for a mill to operate.
Here are some requirements that can be included in a CUP for a commercial kennel:1. Unannounced inspections of the site for compliance with the conditions of the permit.
2. Limits on the numbers of adult dogs and puppies at any one time. An adult dog is defined as four (4) months of age or older.
3. Restrictions on inbreeding dogs and limits on breeding female dogs by age and number of times per year.
4. Restrictions on numbers of dogs sold each year and sales of dogs that are younger than 10 weeks of age. Requirements that any dog under 10 weeks of age shall be housed with its mother and any nursing dog shall be kept with her puppies in housing separate from other dogs.
5. Compliance with all federal and state laws and regulations and Bland County ordinances applicable to companion animal breeders and dealers as defined by such laws; building, zoning, environmental and health & safety codes, and a requirement that any violation of such laws, regulations or ordinances shall constitute a nuisance.
6. Requirements for licensing, vaccinations, and micro-chipping all dogs and spay/neuter for all dogs sold.
7. Provision for the following: (a) Food in sufficient quantity and nutritive quality for the age, size and needs of the dog must be provided once each day and clean potable water must be available at all times (b) Continuous access to an enclosed shelter with a solid roof and which contains clean, dry, adequate bedding to protect the animal from weather emergencies, rain, hail, sleet, snow, temperatures above 85 degrees and below 40 degrees, or from temperatures or a surrounding environment that may cause the animal to suffer, sustain injury or illness or die.
(c) Access to a place or enclosure that allows the animal adequate room to run around unleashed or untied and get sufficient daily exercise for at least 20 minutes each day.
(d) A primary place or enclosure, the place where dogs are routinely kept, that is not overcrowded, that has a nonporous, solid surface for flooring that can be sanitized, that is well-ventilated with air circulating at a rate of 8 to 12 times per hour, that has adequate lighting, and is dry, clean and sanitary and free from animal feces and wastes, spoiled or contaminated food, dirty water, parasites or pests, trash, debris, sharp or dangerous objects and offensive odors or other contaminants that could affect the animal’s health or injure the animal. The primary place or enclosure should provide at least 50 square feet per dog.
(e) Necessary and reasonable veterinary care including vaccinations that are required or recommended by a licensed veterinarian, and care and treatment a reasonably prudent person would find appropriate or necessary for injuries, neglect, illness or disease with records of such care and treatment that are available for inspection at all times.
(f) Grooming that is necessary and appropriate for the health of the dog, including periodic brushing and trimming of nails.
(g) A period of socialization and interaction with other animals and people each day for a period no less than 2 hours.
8. Provision for confinement in a smaller enclosure than required in the permit for transport or for short periods not to exceed 8 hours in a 24-hour day. These smaller enclosures must still have sufficient room for the animal to stand, turn around, stretch its limbs easily and lie comfortably. The floor of the place or enclosure shall be constructed to prevent injury to the animals' feet and legs. Enclosures for dogs may have wire flooring provided that the wire is of adequate gauge to prevent sagging under the animals' weight and the mesh is small enough to prevent their feet from passing through.
9. Restrictions on tethering or chaining as a means of confinement.
10. Proper disposition of dog waste
11. Appropriate environmental assessment
12. Written evacuation plan to safeguard people and animals in case of emergency
13. Requirements for sprinkler systems, smoke and carbon monoxide detectors and fire extinguishers.
14. Provisions for adequate supervision and monitoring of the facility and sufficient staff to care for the dogs humanely.
15. Ban on debarking, ear cropping, and tail docking and use of shock collars.
16. Requirements that removal and burial of dead dogs from the site must be done as stated according to state and local codes.
17. Requirement for maintenance of USDA kennel license at all times.
18. Puppy lemon law requirements for dogs sold in the county or city
19. Non-transferability of the Conditional Use Permit.
20. Requirement that any violation of the terms of this permit shall constitute a nuisance.