Kennel License for Foster Home in SC. HELP!

[questomatic]

I now have a record at our local animal control. And a $1,100 fine. Both will be erased, but only after I get rid of every single foster dog I have.

Here’s the story:

My roommate and I have 3 permanent dogs that live here. The city limit is 3 dogs. The little neighborhood I live in is very dog friendly and I can only think of two houses that don’t have dogs. There are at least 3 houses within a block of me that have more than 3 dogs that live there permanently. I started fostering 2 years ago and I have had a continuous stream of foster dogs ever since. My usual number is 3 fosters but I have had up to 7 (only for a couple of days, I collect them at my house the Thursday and Friday prior to a Saturday transport that comes through my city on its way North). I am friendly with both of my neighbors and we speak over the fence often about new dogs I have in and who went where. It is absolutely killing me to know who called AC but its really a waste of time; I really need to focus all my energy on finding a way around this. I wouldn’t be so upset but the complaint wasn’t barking or abuse/neglect. Just “too many dogs”. The polite but unimpressed AC officer informed me that it didn’t matter that my excess dogs were fosters and that if I wanted to have more than 3 dogs I would need to apply for a kennel license which involves building a separate structure from my house with concrete flooring (which seems really stupid, even if I built it all my dogs would still live inside and I would have a pristine, brand new kennel that never got touched) and be subject to inspections by the state. I don’t know if there is a way around this in South Carolina, but I know of several other fosters (in other states) that have rescue network kennel licenses and aren’t subject to the silly requirements. I am absolutely for pushing this to city council if I need to. Any ideas/information/experience for me? I am in the city of West Columbia in Lexington County.

[JanM]

Kennel licensing requirements vary by state, and/or county, and/or city depending on local laws. Since the county law is that all animals over a certain age (usually under a year old) count for kennel licenses, then that is what you have to go by. And you are considered the owner if you have custody of them, and there aren’t any time periods stated on there either. It’s too bad this is the law, but I really doubt that an exception will be made for your situation. I’m sure before an exception would be considered that all of your neighbors would have to be notified and a public hearing would be held, so even if you think the dogs don’t bother anyone apparently someone told animal control.

The few people I know who do fosters, or help with transportation live outside of jurisdictions with animal limits. In fact the two I know that still do this live way outside of the city limits and never have to worry about animal control visiting. I think the chances of you getting an exemption are very remote. I wish this situation was different for the animals’ sake, but unfortunately the animal control people have to go by the law.

[Alagirl]

somebody smiled to your face and reported you.
And they will be the ones not going along with your ‘kennel’ structure…

I am afraid that’s the way the cookie crumbles.

[irkenequine]

My eyes are bugging out of my head Amber; we probably live a rock’s throw from each other. I’m going to PM you…in the exact same situation so maybe we can work on ideas together.

[fivehorses]

try and find a good animal knowledgable attorney to help you out if you do go the city coucil route.

Maybe the pound or rescues that you work with will know of one.
I am very sorry you are having to deal with this.

[irkenequine]

In my personal case we have a garden shed in our (large, fenced) backyard I’d be HAPPY to throw some concrete down in and pay the fees to get a ‘kennel license’ for hte peace of mind. But I cannot find ANY legislature on it.

If you go that route, you have two helpful hands in me to assist in pouring some concrete

[Kryswyn]

Agree with Alagirl. Our local ordinance is 6 and while I know several people who have more they have 8’ privacy fences, tall cedars, use bark collars and only turn out 3 at a time and the dogs look very similar so without an actual visit, it would be hard to prove there were more than the limit in residence.

We are currently at 5 and I’m sure 6 is not too far off. While our next door neighbors say they’re fine with us and the dogs, that can change in a heart beat if we allowed the dogs to bark excessively, or don’t pick up the waste in our yard. Or if the one neighbor’s cat gets into our yard, because the only way it would be leaving is in a garbage bag on a shovel.

My only suggestion, if you are rescuing doxies, is to place the ones you have now and gradually add them back taking dogs that look alike (my friend’s dogs all have identical collars with 3 tags that read “Sam”, 3 that read “Lilly” and 3 that just have her last name )

I don’t think you’re going to get an exemption because a six dog limit DOES work in favor of keeping down illegal puppy mills, and hoarders. It’s enough to allow hobby breeders to have an occasional litter, but keeps the neighborhood residential not commercial. While I know you’re fostering, to the unknowing you may be perceived as being ‘in the dog business’ and they don’t want a ‘business’ in their neighborhood.

[JSwan]

Why are you complaining? If you are required to purchase a kennel license, you should have purchased one. Sporting dog and boarding kennels don’t get a pass - why should a rescue? Heck - you’re supposed to be setting the example for others.

Hoarders are becoming a problem, and in the rescue I work with, we’ve come across volunteer “fosters” who simply want to accumulate more animals. In one of the urbanized counties there have been cases of fosters with so many dogs their houses had to be condemned due to the fleas and accumulated feces and urine.

And people with kennel licenses, and beautiful kennels and healthy hunting dogs get harrassed by whackjobs - just because they’re raising hunting dogs. They’re doing everything by the book - you should be no exception.

I’m very sorry for your troubles; I truly am. But the same rescues and activists who pressed for expensive kennel licenses, horribly expensive and unreasonable housing requirements, and heavy fines, in an effort to drive hunting dog owners and breeders out of business - are the same people responsible for the fine you’re having to pay now. I see no reason why you should be given favorable treatment, or exempted.

That you are a rescue makes you even more responsible and accountable for the animals in your care - and part of running an animal rescue is knowing what the custodial requirements are in your state and county. And meeting them.

I hope you can work something out with your county, and can get the fine reduced. But it’s not a “silly” requirement. If it is - why are rescues pressing for egregious housing requirements and licensing in the first place?

You know what? You’re lucky you’re just getting off with a fine. A kennel owner in PA, who did nothing more than not understand she had to file paperwork with more than one agency, and who had an award winning pack of hounds, and had a legal kennel for years - had her animals taken from her and shipped off to God knows where. One DIED in a botched surgery. All for nothing more than a simple error with zoning paperwork. She endured a midnight raid, reporters, her name was dragged through the mud, and she lost everything she had. And the little civil charge was dropped - but it was too late. She’ll never see her hounds again.

You should be lucky the ACO wasn’t out to prove something. She could have seized all your animals and you could have been charged with a crime.

[JanM]

Here’s the Kennel License regs for SC from the state code-note (b) about the standards. I thought using HSUS standards tells you all you need to know about who pushed this, and what exactly is going on. Also note that all kennels must have a hook up to the sanitary sewer, and I wonder how many people can afford to do that too for a non-commercial kennel.

Sec. 4-63. Kennels.
I Certification of inspection. No person shall own or operate a dog kennel or keep three or more dogs on his premises within the city without first obtaining a certificate of inspection from the animal control division, issued pursuant to this section, for which an annual inspection fee of $100.00 shall be paid.[/I]
I Standards for commercial kennels. Commercial kennels shall be constructed, maintained and operated in conformance with the current standards and procedures promulgated by the Humane Society of the United States.[/I]
I Standards for noncommercial kennels.[/I]
I Floors must be constructed of impervious material and treated with sealer and must slope at least one-half inch per foot for drainage to the sanitary sewer.[/I]
I All kennels must be connected to the city’s sanitary sewer system in a manner approved by the city engineer.[/I]
I Dogs must be confined to enclosures of at least fifty (50) square feet per animal. Enclosures must have an impervious floor and have a completely enclosed area in which all confined animals will be kept at night. Kennels must be constructed in accordance with the building code of the city and inspected by the building official.[/I]
I Enclosures must have water available at all times.[/I]
I Enclosures must be cleaned at least once per day by rinsing into the sanitary sewer.[/I]
I Enclosures must be screened from the side or rear lot line by shrubbery or a privacy fence.[/I]
(Code 1979, § 9-5024; Ord. No. 2001-070, 6-26-02)

[wendy]

moving outside the city limits is probably your best bet.
I would give the “whomever” who called AC the benefit of the doubt- someone not clued in to what was happening may have assumed you were some kind of unethical animal broker or dog thief or a serial dog killer, or who knows what; all they probably saw was that you were constantly getting new dogs who then disappeared.
I have a two-dog limit where I’m at, so I don’t foster.

[Chester_s_Mom]

JSwan is on the money, tho I know you hate to hear it.

Potential fosters / breeders / etc: always check your local laws and start with your local Animal Control if you don’t know where else to find the information!

Since you are already at the 3 dog limit perhaps you could help transport or in other ways…

[Arizona_DQ]

Well said, JSwan. These limit laws are the result of the Do-gooders who want to stop breeders - ALL breeders, not just PMs. The only thing to do is move or quit with rescue. Sorry, but the anti- breeder groups have made even helping dogs harder and harder… Actually those like PETA just kill the dogs, so not problem or need for rescue…:no::no:

[pAin_t_Misbehavin]

This is the applicable West Columbia ordinance (JanM - not sure where yours came from. West Columbia is a separate city from Columbia - maybe that’s the confusion? )

City of West Columbia, SC Code of Ordinances
TITLE 6 HEALTH AND SANITATION
CHAPTER 3 Animal Control*
Article A General Provisions
Sec. 6-3-2 Limitations on pets; exceptions.
Sec. 6-3-2 Limitations on pets; exceptions.

 1.     It shall be unlawful for any household within the city to possess or maintain more than six (6) pets at any one (1) time, of which no more than three (3) may be dogs [.] . . .

 2.     This section shall not be construed to apply to kennels, pet stores or veterinary hospitals, nor to pets less than four (4) months old. 

Sec. 6-3-4 Kennels.

 1.     No person shall own or operate a dog kennel in which dogs are possessed or maintained on his/her premises within the city without first obtaining a certificate of inspection from the animal control division, issued pursuant to this section, for which an annual inspection fee of one hundred dollars ($100.00) shall be paid.  This requirement shall not apply to pet stores, veterinary hospitals or pet grooming establishments.

 2.     No person shall own or operate a noncommercial kennel without first obtaining a certificate of inspection from the animal control division, issued pursuant to this section, for which an annual inspection of one hundred dollars ($100.00) shall be paid.

 3.     All kennels shall be constructed, maintained and operated in conformance with the current standards and procedures established by the superintendent of animal services to include, but not be limited to the following:

 a.     Dogs must be separated from cats;

 b.     Sick or injured animals must be separated from healthy animals;

 c.     Puppies must be separated from adults (unless nursing);

 d.     Males must be separated from females;

 e.     Aggressive animals must be separated from all others;

 f.     Nursing mothers and their young must be separated from all other animals;

 g.     Floors must be sloped toward drains to prevent the accumulation of water in the runs;

 h.     Floors must be made of sealed concrete or other nonporous material;

 i.     Walls must be sufficient to prevent water and waste material from flowing between kennels and must not be less than four (4) feet in height;

 j.     Walls must be made of fiberglass, sealed cinder block, or other nonporous material;

 k.     Walls must be sufficient to keep animals contained in kennels;

 l.     Drainage must be adequate to handle daily cleaning;

 m.     Drainage must be adequate to prevent cross-contamination of other runs by urine, feces, or other waste material;

 n.     Shelter must be adequate to allow animals to retain body heat;

 o.     Shelter must provide adequate air circulation;

 p.     Minimum area for cages for indoor holding are as follows: four (4) feet by six (6) feet for large dogs (more than fifty- one (51) pounds), four (4) feet by five (5) feet for medium dogs (thirty-six (36) to fifty (50) pounds), three (3) feet by four (4) feet for small dogs (up to thirty-five (35) pounds);

 q.     Minimum area for kennels with runs, whether fully enclosed or indoor/outdoor are as follows:  four (4) feet by six (6) feet for kennels, four (4) feet by eight (8) feet for runs.  The combined total of minimum area for kennels and runs is fifty-two (52) square feet;

 r.     Enclosed areas must provide adequate room for each dog to stand, lie down, turn around, and sit normally;

 s.     Enclosed areas must have a minimum of four (4) feet by four (4) feet available for each dog in shared kennels;

 t.     Dogs must be kept in indoor cages or kennels, with runs, whether fully enclosed or indoor/outdoor, at night;

 u.     Enclosed areas must have potable water available at all times;

 v.     Resting boards or beds must be provided for each animal unless floors are heated;

 w.     Enclosures must be cleaned at least once per day;

 x.     Enclosures must be screened from the side or rear lot line by shrubbery or a privacy fence; and

 y.     Enclosures are not permitted in the front yard area. 

Don’t see much way around that, sorry.

[irkenequine]

Well I’m not breaking the law yet (and I’m in Cayce, not West Columbia personally…but we only live about 6 streets apart haha) but I’d be happy to spend 1000 bucks installing kennels in my backyard that will never be touched if it means I can foster.

Ironic though that on the same street you live on there is a MONSTER animal hoarder with 20+ COUNTABLE animals in two separate fenced backyards–both the clinic I work for and the one my roommate works for are well aware of this guy. Shame on who falls victim. Seems according to that law, I could be BYBing my crappy mutts and selling them on craigslist all year long and be legal; but goodness forbid if you take a foster in off the street to treat before rehoming it. Whatever, laws are laws.

Worthwhile price for the peace of mind for me…I’ll be calling the city Monday. I’d rather jump these ridiculous hoops now than be stuck in a situation like yours Hope things work out.

[JanM]

Pain’t-Yes, I think mine was from the state of South Carolina statutes, not West Columbia. I don’t see any exceptions possible either. I don’t think there is a solution that the OP will like, and it’s too bad that the laws are like that, but if it shuts down puppy mills and animal hoarders then it won’t be in vain. If they made an exception for the OP, then they would have to make then for other people and that just isn’t going to happen. Actually, if what I found is truly state law then moving out to the country wouldn’t work either.

[Nathanhoppy]

I work for a transport for animals and love doing it. I want to take this to the next level and start fostering animals from shelters and such. How do u get started doing this and also I live in Richland county Is any license required or such.

[Alagirl]

Instead of resurrecting a zombie thread from 12 years ago, maybe start your own?

[S1969]

@Nathanhoppy

I work for a transport for animals and love doing it. I want to take this to the next level and start fostering animals from shelters and such. How do u get started doing this and also I live in Richland county Is any license required or such.

This is probably going to be entirely dependent on where you live and how many animals you are talking about. What do you mean by “take it to the next level?” – start your own dog rescue?

If I were you I would draft a “business plan” first. If you are thinking of starting a rescue, for example - how, where, why, etc. How/why will you market animals, how/where will you keep them, where will you get the money for the startup, etc.

Something like that would be a non-profit organization, but that doesn’t mean it doesn’t require money. You really can’t start a non-profit without any money of your own for your startup - business name, marketing materials, dog food, kennels, facilities, etc.

Once you have a draft of what you are trying to do, it will be easier to know whether you need a license. Certainly you would not need one to foster a dog for another rescue organization.

[Where_sMyWhite]

I would also review current Richland County regulations and ordinances for keeping dogs (rather than an 11 year old public BB topic). If you have already done this, my apologies.

[findeight]

SIX year old thread. From 2011, not 11 or 12 years old. But still old and been long enough for laws to be changed so check tne current, 2017 statutes,