To the editor:
Halfway Home Pet Rescue volunteers continue to work with the Planning Board in Caribou, with a common goal of revising a 35-year-old city code ordinance which currently states that the City of Caribou Zoning Ordinances provides only one definition: Kennel, in Sec. 13-900 Definitions.
“Kennel: Any place, building, tract of land, abode, enclosure, or vehicle where three (3) or more pets owned singly or jointly are kept for any purpose, including but not limited to breeding, hunting, show, field trials or exhibition, or where three (3) or more pets are kept for their owners in return for a fee. This definition shall not apply to dogs or cats under the age of six (6) months.”
We believe that while this definition attempts to cover a variety of situations, it does not accomplish the intended goal and is not enforceable. We propose this single definition does not adequately distinguish differences between the various animal welfare groups as clearly as the state law, and can therefore be considered invalid, in accordance with Maine Animal Welfare law, 7 s 3950.
“Local regulations: Each municipality is empowered to adopt or retain more stringent ordinances, laws or regulations dealing with the subject matter of this chapter, except that municipalities may not adopt breed-specific ordinances, laws or regulations. Any less restrictive municipal ordinances, laws or regulations are invalid and of no force and effect. [1991, c.779, s40 (AMD).]”
We would like to address what we consider the shortcomings of this ordinance.
A. “Any place, building, tract of land, abode, enclosure, or vehicle where three (3) or more pets owned singly or jointly are kept for any purpose, including but not limited to breeding, hunting, show, field trials or exhibition, …’
According to this statement, if a family has a dog and 2 cats, they would be in violation. In fairness, every household would need to be held to the same standard.
B. “or where three (3) or more pets are kept for their owners in return for a fee.” This procedure is practiced at boarding kennels, not shelters. Owners surrender their animals to shelters.
C. “This definition shall not apply to dogs or cats under the age of six (6) months.” Breeders, who most likely always possess animals under the age of six months, could argue this point and consider themselves exempt despite being named in the first part of the definition.
The Maine Animal Welfare Law has already created distinct definitions for varieties of animal welfare situations. These provide guidance for local municipalities to ensure local ordinances can address local issues with greater scrutiny. The state definitions include;
5-A. Animal Shelter. “Animal shelter” means a facility that houses animals and operates for the purpose of providing stray, abandoned, abused or owner surrendered animals with sanctuary or fining the animals temporary or permanent adoptive homes. [2005, c.510, s1 (AMD).
8. Boarding kennel. “Boarding kennel” means any place, building, tract of land or abode in or on which 3 or more privately owned companion animals, or both, are kept at any one time for their owners in return for a fee or compensation and includes a facility where 3 or more companion animals are kept for training purposes for compensation. [1997, c.33, s1 (AMD).] [2009 AMD]
8-A. Breeding kennel. “Breeding kennel” means a location where 5 or more female adult dogs, wolf hybrids or cats capable of breeding are kept and some or all of the offspring are offered for sale, sold or exchanged for value or a location where more than 16 dogs or cats raised on the premises are sold to the public in a 12-month period. “Breeding kennels” does not include a kennel licensed by a municipality under section 3923-C when the dogs are kept primarily for hunting, show, training, sledding or competition, field trials or exhibition purposes and not more than 16 dogs are offered for sale, sold or exchanged for value within a 12-month period. [2007, c. 70s, s3 (AMD).]
17. Kennel. “Kennel” means 5 or more dogs or wolf hybrids kept in a single location under one ownership for breeding, hunting, show, training, field trials, sledding, competition or exhibition purposes. The sale or exchange of one litter of puppies within a 12-month period alone does not constitute the operation of a kennel. [2007, c.702, s6 (AMD).]
23-A. Rescue Group. “Rescue group” means an organization or individual that receives animals that have been abandoned, surrendered or removed from an animal facility or that takes in homeless dogs or cats and sells, gives or otherwise places the animals in private homes. “Rescue group” does not include a facility licensed under chapter 723. [2007, c.439, s5 (NEW).]
Halfway Home Pet Rescue (a licensed not-for-profit) has met the state’s definitions of Animal Shelter and recently passed a state licensing inspection. HHPR has not been found to be in any violation of Maine Animal Welfare Law and should be allowed to continue operation in support of the local community. While we assert this zoning definition could be argued, it is not our intention to create an adversarial relationship with the city of Caribou. On the contrary, we hope to work with the local government to come to a mutually beneficial arrangement and to impress upon the city the need to continue our animal rescue operations.
It is important to note that the current location of HHPR at 11 Pioneer Avenue is temporary. It was never meant to be a permanent location. It was simply a way to meet the rapidly growing need in the greater Caribou area. Acquiring suitable land and buildings is a very expensive and lengthy process, which HHPR’s board of directors has been working on for the past two years and has formed a Building Committee to focus considerable resources toward that goal.
Ceasing operations at this time would create a hardship for community members needing to surrender their cats due to economic crisis. Other area shelters are full and offer no alternatives to surrender. HHPR has successfully provided families with alternatives: spay/neuter assistance, vet bill assistance, foster placement, Pet Food Pantry, and the new Outreach Program where emergency kits are provided for cats in need of care. Apart from the suffering that closure would cause to the animals we serve, we want to emphasize that we serve the needs of the people in our community.”
What does this current ordinance mean to you as an animal owner in Caribou? If you or your family has a dog and two cats, or any combination of pets that number three or more, you would be in violation of this ordinance. In fairness, every household would need to be held to the same standard that HHPR is being held to.
Please show your support for change to the ordinance by attending the October 20th Planning Board Meeting scheduled for 5:30 p.m. at the Caribou City Hall (side entrance). Together we can work through these changes. Your support is greatly appreciated.
HHPR
Board of Directors
