RICHMOND — The Wayne County Advisory Plan Commission let stand, almost intact, the proposed kennel ordinance despite calls for more restrictions on those who raise dogs for sale, primarily on the East Coast.

The debate over language to regulate kennels in the county, primarily owned by the Amish community, will now go before the County Commissioners with a favorable recommendations from the APC. The few changes made by the APC Thursday will be incorporated into the proposed zoning ordinance.

The issue has been under consideration for a year, brought about when a large number of female dogs on a farm near Hagerstown were discovered living in poor conditions. Also, a truck packed with dogs in poor condition from Wayne County headed to the East Coast was located in Ohio.

APC President Ken Paust reminded the large audience including several Amish, the proposed ordinance was not about animal welfare but was only a land use matter.


He read three letters from neighbors of the Moses Lance family on Treaty Line Road north of Cambridge City who were supportive of that operation. Those letters said the dogs are raised humanely and are not a bother to them.

He also read three letters of those opposed to the kennels for raising pups for sale in the numbers proposed. One called it an "obscenity in a civilized society." Another said the proposed 225 foot setback for small kennels, 325 for large kennels and 400 foot for commercial dog breeders and unlimited kennels were not enough.

Ron Jonas of Hagerstown claimed the ordinance's wording would allow small kennels to be started throughout the county, effectively kicking the can down the road and requiring further action in a few years. He encouraged all these kennels to be required to go before the Board of Zoning Appeals for a special exception permit.

"That would solve the problem of changing times," he said. "I thought the setbacks were OK but I went on Google and they're not. These ought to be doubled at least and there are other counties doing it. The barking ordinance does not apply to kennels. That's wrong."

Jim Cooper of Spring Grove said there are some 2 million dogs euthanized in the United States in part because of the large number of dog breeders in the country.

"I fear we are only adding to the national disgrace and I don't think we want to do that because I think we are a good county," he said.


If kennels get too large, they will be unhealthy, unmanageable and inhuman, he said.

Betty Wessler of Goose Heaven Road, north of Cambridge City, said it's not about numbers but about doing what is right.

Paust reminded her the discussion is about land use and animal welfare.

Jack Study, who farms along Brick Church Road north of Cambridge City, said those who take care of their animals and keep them healthy will remain in business while those who do not will go out of business, just like operators of livestock operations.

"Right now we seem to have a group of people who seem to want to dictate what production agriculture is all about," he said. "The successful people will succeed and do a good job and pay property taxes. All this nonsense that we're hearing they can't take care of the dogs, the people who are in business today in all ag and all livestock are the best in the business because they do the job right. If they're doing a poor job, they won't be in business."

Dogs are man's best friend, not livestock, Jane Knox of Richmond countered. It's about the dollar.

John Lapp, a member of the Amish community from Williamsburg, said the Amish breeders get along with their neighbors and are trying to do the right thing.

He asked why guinea pigs, ferrets and other domestic pets were included in the number limitations. He also requested the definition of small and large kennels include more dogs

He also requested a previously discussed provision to reduce setbacks if the neighbor signed a waiver be included.

Higinbotham reminded the audience, the Wayne County APC does not control zoning in towns with planning commissions or the 2-mile fringe around those towns, so the proposed ordinance does not effect all of Wayne County.

He said any kennel with more than 20 females would have to go before the BZA for a special exception.

The APC members requested and then approved that when talking about kennel size, it will only include dogs and cats. Other domestic pets will be addressed in later action. A person with a couple dogs and a dozen other pets would be considered a kennel under the original wording.

The APC also requested the setback waiver be included.
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