I sent all the NAIA files to Mr. Wilkins, he then copied about 4 people in the Developmental office with his reply thanking me for the files & assuring me they would review them. Hopefully they will. In the meantime I'll be contacting all of the County Commission members and would encourage all Shelby County residents also. The NAIA has a tremendous amount of resources and is national in scope and brings a certain credibility & professionalism to the table when we are able to use their resources. Damon In a message dated 8/17/2010 10:28:37 A.M. Central Daylight Time, Djsdosido@xxxxxxx writes: It looks like the staff of the Dept. of Development Svcs was charged with coming up with these definitions, found some (probably from other town/city ordinances & laws) and thought they would work for Shelby County. They've now sent these to the Planning Commission which is now going to recommend adoption of these definitions to the County Commission. The recommendation of the Planning Commission says, "Definitions establish the precise meaning of a word or phrase that otherwise may be subject to differing interpretations. These precise meanings are provided to eliminate ambiguity and vagueness. The definitions in the regulations are designed to focus on the essential elements of a word or phrase and clearly mark off and limit its application or interpretation." These definitions do nothing to "eliminate ambiguity or vagueness". A commercial or a non-commercial kennel is defined here as (emphasis added): " any combination of structures, pens, areas or enclosures, covered or uncovered" . (I believe that's pretty ambiguous and vague.) A commercial kennel is defined as "5 or more dogs, cats or other domestic animals" (what other "domestic animals"? Chickens? Goats? Rabbits? Many other domestic animals fall under the designation of "livestock" which has its own set of regulations) are kept for the purpose of boarding, breeding, raising, grooming or training for sale, compensation or any other commercial purpose"..... So, if I have 2 dogs and 3 cats and I have 2 igloo dog houses in my backyard and I breed ONE LITTER of puppies and sell them from my home, I am now a "commercial breeder"? The only difference between the commercial and non-commercial designation is the number of animals and whether I sell ANY animals. This is the "unintended consequence" of these definitions and they are directly punitive and restrictive to hobby dog/cat breeders. Does this mean that as a "non-commercial kennel", by this definition, I can have 3 animals, breed them all I want to and not be considered "commercial" if I give them away.? If I am a "commercial kennel", what does that mean? Is there a license I will have to have? Fees of some kind? If I live in a neighborhood, will I have to move or get rid of my animals? Will there or can there be a "grandfather clause" added? Can there be a "hobby breeder" category? As it stands now, you jump directly from "pet owner" to "commercial breeder" primarily by virtue of selling one animal. If I have 6 adult dogs and I want to place two of them and receive remuneration for them, am I now a "commercial kennel"? On the surface, it seems to me that they are attempting to control nuisance issues like barking and roaming/loose dogs with a pet limit set through a zoning ordinance. But I don't know that for sure and it can't be really determined until somebody asks a person in authority who would have that information. What do they expect these definitions to accomplish? What do they want to have happen if these definitions are adopted? I have searched for any kind of official definition or position statement from the AKC and the NAIA about "commercial kennel" vs. "non-commercial kennel". I can find nothing like that. There are also no position-type statements regarding "zoning" per se that I can find, but there are ones on pet limits (and its relationship to zoning restrictions). Talking points against pet limits laws can be found on the ACC web site (_www.alabamacaninecoalition.org_ (http://www.alabamacaninecoalition.org/) ) on our home page under "Resources". In the NAIA materials that Baba sent to Damon the other day is the following that might be helpful for anyone planning on talking to their commissioner (who will vote on these definitions) or someone in the Planning Dept. (which is making the recommendations to adopt the definitions): "Number limits are commonly found in both zoning and animal control ordinances, but they are ineffective at best and counterproductive at worst because they: * cause animal control agencies to lose potential license fees because pet owners with multiple pets avoid licensing altogether for fear of being found in noncompliance; * are difficult to enforce; * create bureaucratic snarls between governmental agencies when animal control officers are required to enforce zoning laws; many of which are generated by unresearched local planning office opinions; * are vulnerable to court challenge; * are used to harass neighbors; * ignore the ability of responsible owners to keep more than X-number of pets without causing a nuisance; * increase the number of pets entering shelters by prohibiting families from adding a pet they can easily care for; and * lead to disrespect for the law and a willingness to violate it. Number limits are often cited as a means to prevent the hoarding of more pets than can be properly housed and cared for, but this problem is better solved by strict enforcement of animal control and nuisance laws that require proper confinement and noise abatement, by health regulations that govern odor and waste, and by cruelty laws that protect animal welfare.. NAIA study shows that it is far better to prosecute actual nuisances and dangers than it is to penalize the universal possibility of a nuisance or a danger. Therefore NAIA supports nuisance laws and dangerous dog laws that clearly describe dog and owner behaviors that constitute nuisances and public dangers. We have learned that pet number limits and breed specific restrictions simply do not work. They are difficult to enforce and create animosity among responsible owners who become criminals as a result of poorly defined terms and arbitrary laws." I hope that some of these points will help our Shelby Country responsible owners and breeders to talk to their commissioners and educate them on how and why these definitions will hurt them if adopted. There is a month before the vote will be taken to let your elected officials know how you feel and why you feel that way. Waiting till the night of the meeting to air these points will only alienate the people you want on your side because they will feel "blindsided" by all this new information they've never heard before. I know from experience that they don't like that. <G> I will be out of town from Thursday through Monday. But Baba will be available if needed. If there is anything else I can do, I will certainly try. Donna & the Dosido Gang Remlap, Alabama Visit me at _www.doublenickellife.blogspot.com_ (http://www.doublenickellife.blogspot.com/) and help support the Alabama Canine Coalition by shopping/searching through _http://www.goodsearch.com_ (http://www.goodsearch.com/) and _http://www.igive.com_ (http://www.igive.com/) Every year of dog love is worth seven years of the human stuff. (Michael Rosen) In a message dated 8/16/2010 3:11:16 P.M. Central Daylight Time, Jdfolmar@xxxxxxx writes: I received the following from the Shelby County Development Office today. REPORT TO THE SHELBY COUNTY PLANNING COMMISSION From the Department of Development Services Planning Services August 2, 2010 Case No. ZAM01-05 Proposed Amendment to the Definitions of the Zoning Ordinance In June of 2005 at the direction of the Planning Commission, staff researched regulations pertaining to kennels and the keeping of dogs and cats. This research led to the proposed amendment of the A-R, A-1 and the B-2 zoning regulations to provide increased oversight of this use. A public hearing was held on June 20, 2005. Based upon the testimony presented by all those who wished to speak, the Commission did not feel compelled to amend the zoning regulations regarding kennels and the keeping of dogs and cats at that time. The case was Tabled. The issue of “kennels” and the keeping of dogs is a topic that arises from time to time as the subject of citizen’s complaints. When these complaints are received, Development Services mobilizes the enforcement staff to review the situation on site. Typically, however, the issue is not resolved because of the inability of staff to identify a violation of the Zoning Regulations. Article IV, Definitions of the Zoning Regulations of Shelby County, provides the specific meaning of words and phrases used when interpreting or administering the regulations therein. The Definitions of the Zoning Regulations are currently silent for the word “kennel.“ Despite the absence of a definition, “Kennel” appears three times in the Zoning Regulations. It first appears as a permitted use in the A-1, Agricultural District: (3) Kennels provided that open pens or runs are located not less than 75 feet from any lot line. The second use of the word is in the B-2, General Business District to qualify a use: (4) Hospital or clinic for animals, but not including open kennels. Finally, it is used in the M-1, Light Industrial District to identify a permitted use: (5) Animal hospital or clinic including open kennels. Staff has reviewed professional materials and other ordinances and has discussed the issue with the County Attorney. Based on staff research and a comprehensive review of several different issues that have been brought to the Department’s attention by citizens in recent months and years, staff suggests the addition of the following definitions to Article IV of the Zoning Regulations. Kennel (commercial) For the purpose of this Ordinance, a Kennel (commercial) will be considered as any combination of structures, pens, areas or enclosures, covered or uncovered, where five or more dogs, cats or other domestic animals are kept for the purpose of boarding, breeding, raising, grooming or training for sale, compensation or any other commercial purpose. A Kennel (commercial) may be located in a rear yard and shall be located no less than 75 feet from any side or rear property line. Kennel (non-commercial) For the purpose of this Ordinance, a Kennel (non-commercial) will be considered as any combination of structures, pens, areas or enclosures, covered or uncovered, where four or more dogs, cats or other domestic animals over six months of age are kept for the purpose of boarding, breeding, raising, grooming or training for personal/non-commercial enjoyment. A Kennel (non-commercial) may be located in a rear yard but must meet the zoning setback requirements for the applicable zone district. RECOMENDATION. The administration of the Zoning Regulations is based upon the interpretation of the words and phrases used in the regulations. Definitions establish the precise meaning of a word or phrase that otherwise may be subject to differing interpretations. These precise meanings are provided to eliminate ambiguity and vagueness. The definitions in the regulations are designed to focus on the essential elements of a word or phrase and clearly mark off and limit its application or interpretation. It is recommended that a public hearing be properly advertised in a newspaper of general circulation to consider the amendment of Article IV. Definitions of the Zoning Regulations of Shelby County, Alabama to include the following text: Article IV. Definitions. Kennel (commercial) For the purpose of this Ordinance, a Kennel (commercial) will be considered as any combination of structures, pens, areas or enclosures, covered or uncovered, where five or more dogs, cats or other domestic animals are kept for the purpose of boarding, breeding, raising, grooming or training for sale, compensation or any other commercial purpose. A Kennel (commercial) may be located in a rear yard and shall be located no less than 75 feet from any side or rear property line. Kennel (non-commercial) For the purpose of this Ordinance, a Kennel (non-commercial) will be considered as any combination of structures, pens, areas or enclosures, covered or uncovered, where four or more dogs, cats or other domestic animals over six months of age are kept for the purpose of boarding, breeding, raising, grooming or training for personal/non-commercial enjoyment. A Kennel (non-commercial) may be located in a rear yard but must meet the zoning setback requirements for the applicable zone district. "There is no power on earth that can neutralize the influence of a high, simple and useful life."--Booker T. Washington