Newton puts teeth into dog laws; kennel owners not happy

By Manette Newbold

December 5, 2005 | NEWTON -- The Town Council voted unanimously to change Newton's dog ordinances Thursday night and all agreed canines are a big deal.

Changes include making kennel owners with three or more dogs purchase a $25 conditional use permit that would not expire and an annual $80 kennel license. Individual tags at $20 each would also have to be purchased for every dog that is three months or older.

The issue has been discussed for the past four months in council and planning meetings and required a public hearing in November. Jeff Watkins, of the Planning and Zoning Commission, said there needed to be an ordinance with well-written language and teeth that will manage those who don't take care of their dogs.

Another change going into effect is the option for the planning and zoning commission to deny, refuse to renew or revoke conditional use permits from kennel owners if the town receives three or more complaints against them. Complaints will be filed in the town office and could be for any nuisance the dogs create, such as biting or continuous barking. If the conditional use permit is not renewed or revoked, the kennel owner would have to reduce the number of dogs to less than three within 30 days.

Also, neighbors living within 200 yards of dog owners who apply for kennel licenses will be notified by the planning and zoning commission in a letter.

Watkins said this allows for people in the community to give feedback to the council if they have concerns or questions when a kennel is applied for by neighbors around their homes. He said he felt writing specific rules for dog owners would improve the community because it would force dog owners to be responsible neighbors. He said the main problem is noise.

"Problems with dogs are serious," he said. "I have issues in the summer when people have to close their windows and turn on their air conditioners to get away from the noise of dogs. Some people have to go to bed with earplugs and others have to go downstairs to another room to get away from dogs."

Since the majority of the changes to the ordinance deal with kennels, Bruce Gates, who operates Homesun Puppies with his wife Tauna, said he felt their commercial kennel was being picked on.

"You say one dog can make as much odor and noise and three or four dogs, so why are you picking on kennels?" he said.

Watkins had addressed in the public hearing that problems with dogs didn't start at any certain number but could happen with one or two dogs as well. He said kennel licensing should be mandatory for anyone who owns three or more dogs.

Gates said, "You say noise is the main problem? Well, what about businesses that make noise?"

Watkins said, "We have to draw a line in the sand someplace -- an arbitrary line. I'm not concerned about businesses, farmers, or roosters that crow at 3 or 4 in the morning. I'm not worried about jet planes flying above us. Hay balers, ATVs and semis are non-startling noises but a dog barking snaps you awake. People lay awake and wait for the next bark. Dog noises are startling noises. They shock you awake.

"I don't want you to feel as a kennel owner that we are picking on you. I'm trying to defend your rights as well as everyone else's."

Watkins said so long as the animal owners were taking care of their dogs, the changes to the ordinances wouldn't be a problem. He said he had never heard of any complaints against the Gates' business and didn't see that the ordinance would affect them.

"Responsible dog owners are to be commended. An ordinance won't affect them because they already care for them. Others who do not take care of their pets will have a problem," Watkins said. "Some people tie a dog on an 8-foot rope, leave it there, and think it's OK but if you look in its eyes and see its long gone insane. Others really care about their dogs."

Both Tauna and Bruce Gates voiced that they thought a kennel should have four or more dogs instead of three.

Marie Bird, head of the planning and zoning commission, initially voted in favor of the three dogs but admitted Thursday that she had second thoughts and was also leaning towards four dogs per kennel.

Bird said if the ordinance made every owner with three dogs get a kennel license, there would be approximately 30 people in the community would need to pay the $80 fee. Councilwoman Susan Maughn said that would cause a lot of extra work for the planning and zoning commission because they would have to send out letters to all the applicants' neighbors as well.

Watkins said he didn't see that as a problem because there would be benefits from having a defined number.

"You can have the same problems with three dogs as you can with four or five," he said. "We can't write weak ordinances just because we don't want to do work. We weaken our government because we don't want too much work."

Another issue the council faced at the meeting was the limit of dogs on a property. With the new ordinance, the maximum number will be 20. Homesun Puppies already kennels 22 dogs and the Gates' said the maximum should be raised to 30.

Mayor Floyd Salisbury said they would keep the maximum limit at 20 but those who already had more would be exempt from that rule. Also, any new commercial kennel will be able to apply for a commercial waiver and would be reviewed on a case-by-base basis. Those applying for the waiver will have to present the planning and zoning commission with all breeds they planned on kenneling, the number of dogs they have, a nuisance mitigation plan and the type of kennel facility they plan on using.

When the council decided to vote, Maughn asked Tauna Gates if there was anything else she would like to say.

"I'm worried about a couple of things," she said. "I'm not so much worried about tomorrow but I worry about people who love their dogs. We're all dog lovers." Gates also said she didn't feel like the council listened to her and her husband's opinions.

"We weren't heard but it's going to happen anyway. I was hoping we could come to a medium. It just seems like there is so much area for more stipulations but we'll learn to live with it. I just hope it doesn't hurt anybody. I guess that's my mothering instinct. I just worry about everyone else."

The council decided to go ahead and put the ordinance into affect, but Salisbury said all codes are subject to review.

"We have heard you," he said to the Gateses. "But 'what if's' will always come into view. When you're taking care of your business, you're fine. The vote will stand."

Members of the council agreed they will see how the ordinance plays out and if there are any major problems they will take them into serious consideration.

Councilman Jed Woodward said, "We're smart enough people that if something happens we'll deal with it in the same process as we did here, with lots of discussion."

Watkins said the town will adopt the ordinance rules and let them play out and in doing so the council will learn as time goes by. He said when laws change they are done only after a lot of talking and reviewing to make sure changes are best for society.

Watkins also mentioned the changes are not very different from any other city in the county. After talking to the county and 15 local communities, he found 10 communities consider a kennel to be three dogs or more. Clarkston and Providence don't even allow kennels. Eight communities require conditional use permits and 12 charge for kennel licenses.

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