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Kennel owners say relaxing ban would be unfair

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BY ZACH PLUHACEK/Lincoln Journal Star

Thursday, May 24, 2007 - 09:45:37 am CDT

Owners of established kennels adamantly opposed an ordinance that would allow commercial kennels inside Lincoln city limits.

Henry Sader, owner of Wilderness Kennels at 2030 Saltillo Rd., told the City Council at a public hearing Monday that it would give new businesses an unfair advantage. Council members are expected to vote on the issue next week.



Since 1950, city code has prohibited commercial kennels, although state law exempts veterinary clinics.

Sader said his business, which is not a veterinary clinic, had to be built outside the city. While he’s not worried about new competition, building inside the city was never an option for him.



“If we could locate forty years ago on South Street, we probably would have done it,” he said.



Lincoln-Lancaster County Health Department staff sponsored the proposal, saying that under the current code, businesses like Sader’s would be shut down when their land is annexed by the city.



Health Department Director Bruce Dart said when a business is annexed, health code applies completely and immediately. That means bans on commercial kennels go into effect just like smoking bans.



Tom Ryan of Omaha, owner of the Camp Bow Wow kennel territory in Lincoln, has been pressing for a change in the city code in order to develop a Lincoln location.



He said the free market should decide which kennels succeed.



“We will leave that up to the citizens of Lincoln where they want to leave their dog,” he said.



Ryan said his business works to control noise at its facilities.



Owners of existing kennels said the city would be hard-pressed to enforce sound and odor restraints. One kennel owner said he could hear dogs at his kennel from 1,000 feet away.



Dart said his office hasn’t had serious problems with any of the current kennel businesses. Worries about complaints, he said, are speculation.



“The current operators in Lancaster County do a really great job,” Dart said. “Because of that, there really is no public health issue with allowing this change. I’m not sure it’s reasonable to make a final decision based on what could possibly happen.”



Reach Zach Pluhacek at 473-7395 or zpluhacek@journalstar.com.


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WCG wrote on May 22, 2007 6:33 am:
" Don't we have enough problem with barking dogs in Lincoln already? I can't sleep past 05:30 - especially with the windows open - due to barking dogs all around me. And it's hard to enjoy even being outside during the day, since the neighbors let their dogs bark all the time when they're gone (and often enough even when they're home). The last thing I want is a kennel anywhere near me. "

JMK wrote on May 22, 2007 7:35 am:
" And just how would they make their dogs stop barking while they are gone? Really, that made no sense what so ever. Maybe they could call home and ask them if they are barking and ask them to stop. "

CS wrote on May 22, 2007 7:38 am:
" WCG-Buy earplugs. Good grief, people in Lincoln whine.Dogs bark, cars make noise, it happens, don't you know? I live a block off of 56th street so people should stop driving because i can't sleep with the windows open due to traffic all around me? I got rid of my toy dog because someone complained repeatedly about her barking when outside during the day-for 15 minutes periods, at squirrels at 2pm, in a neighborhood with a college and 56th within a couple of blocks on either side. Grow a skin or buy ear plugs you live in a city. "

CS wrote on May 22, 2007 7:42 am:
" So, the rule might change, but 40 years ago it said kennels could not exist in city limits so that means that we should not allow it now because its 'unfair'. Mr. Sader has had 40 years to compete and probably enjoys regular clients. If he can't deal with some change to a 40 year old law which, in my opinion, is over restrictive to businesses as it is. Its no surprise why Lincoln cannot grow. "

... wrote on May 22, 2007 8:34 am:
" All they would have to do is buy a bark collar. A responsible dog owner does more than just meet the needs of their pet, they are also considerate to thier neighbors. I have the same problem in our neighborhood. Our neighbors just don't care.

Anywho, IMO the change would be unfair to existing kennels that had to set up outside of city limits. A better decision would be to exempt kennels as their properties are annexed by the city. Fair is fair, a new operation would have to set up outside the city limits (just as Wilderness Kennels), but would be allowed to operate within the city limits once the property is annexed by the city. "


CS wrote on May 22, 2007 8:59 am:
" How is that any more fair. This was a law passed 40 years ago, not 4. How is it fair to the businesses trying to build here? The existing businesses have YEARS of establishment over anyone that builds now along with regular clients. If Lincoln wants to continually wag its finger at the past and resist change then they will always be second to Omaha and every other comparable town in the midwest. "

Larry wrote on May 22, 2007 9:16 am:
" If Mr Sader handles his kennels as well as he handled his rental propery in my neighborhood, we're in for trouble. Keep his and other's dogs outside the city limits. "

... wrote on May 22, 2007 9:36 am:
" It is more fair because it creates a level playing field, in short, because they (the new operation) would get to pick and choose thier location(s) within the city limits. With gas approaching $4/gallon, who do you think would win (assuming equivalent care of your pet), a kennel just down the street or a kennel 10 miles away? You cry for progress and growth, but why would anyone want to invest their time and money in a community when the city will not support its existing business by giving new business an unfair advantage. "

KP wrote on May 22, 2007 10:06 am:
" So the kennels outside city limits don't want the competition aye? Tell ya what it still is fair because who would be stopping you from building a kennel facility in town? Just because you don't want to do the expansion into the city limits does not mean it's unfair. I think it would be a perfect opportunity to compete with the vet clinics for your business. You could have a small facility in town for short term stays or long term stay drop offs and then transit them to the out of town location. When the owner comes back to town you can have the dog there at the in town location for pick-up. It actually levels the playing field to me so you can compete with the vet clinics. Always look at the positives because they normally out weigh the negatives. "

wake up Lincoln wrote on May 22, 2007 10:31 am:
" Why is it that so many other cities can function with kennels in the city limits and Lincoln can't? Why is it that so many houses are getting built everywhere else? Why is it that so many new businesses are getting started in other cities? Why is it so hard to develop anything new here? Every little whining group gets to stop progress by their complaints because the majority of us don't speak up. The politicians don't have a backbone in this town. We had better remind them who is really in charge. The Voters. At least we would be if we were awake and paying attention. "

Tom wrote on May 22, 2007 10:37 am:
" Very simple to stop the dogs barking. Let the owners of the loud mutts take some responsibility. Put them in the house or as is written buy a bark collar. How about the owner getting a fine every time their mutt barks for hours on end? One of the differences of living in a house near a busy road is you bought the house knowing that. What is someone suppose to do when someone like you just lets their mutt bark because they are too lazy to take care of it. Just because people live in a city they should not have to deal with uneducated, rude and boorish people that let their toy mutts bark all the time. The kennels are outside the city for a reason, the new ones coming in should also have to follow that rule. "

Tom wrote on May 22, 2007 10:46 am:
" Voters being awake and paying attention in this town? Now everyone knows that the Republicans don’t want that. If all the voters would be awake, intelligent and paying attention it means we would have a town full of Independents and Democrats. Where would all you Red glasses wearing people go? The good part would be that we could then not worry about anyone building these expensive houses that just sit empty. Already have enough of them. The kennels would all be outside city limits because the town would be full of intelligent, compassionate people that care if their mutts are barking all the time while someone is trying to sleep or study for a test. Hmm maybe voters being awake and paying attention would be a good deal! "

Okay.. wrote on May 22, 2007 12:00 pm:
" Go voice your opinion at the Council meetings, as Wake Up said if you want change or don't want change the only way to be effective is to voice your opinion at the appropriate setting. In my humble opinion the City needs to be more considerate of what it is annexing and maybe look to giving these kennels a waiver - the City is annexing them its not their choice. It seems we like to isolate businesses and not encourage it..... "

This is wrote on May 22, 2007 12:13 pm:
" not a dog debate, this is a fair business practices debate. "

Hey wrote on May 22, 2007 12:22 pm:
" Even if there were kennels in Lincoln, I'd still take my dogs to Wilderness Kennels. They'd never lose my business. They offer the highest quality of care I've seen. "

Shawn wrote on May 22, 2007 1:08 pm:
" It's not just little dog. My neighbor has a German Shorthair that I've never seen in the house. It and it's little budd (sheltie maybe?) Bark at everyone and everything. I'm a dog lover and sometimes I love to go muzzle their dogs. As for the business aspect, why is it that Lincoln is only "pro-change" in business matters? I don't really care if they're in city limits or not but you know if people are too lazy to find a way to take their pets with them, they'll be too lazy to drive them out of town to kennel...and we know most people in Lincoln are seriously lazy. "

Dog owner wrote on May 22, 2007 3:37 pm:
" Please don't be so quick to judge the owners of barking dogs. I have a dog who barks and I do everything I can to stop him from barking because it is annoying to me as well to have him barking constantly. One thing I won't do, though, is buy a shock collar. Why? Because he has been "trained" to bark by all the neighborhood kids who think it is fun to throw things (rocks, sticks, empty pop cans, their toys) over the fence at him or shake the chain link fence surrounding my yard to make noise if he is in the garage to make him come charging out at them. They have even run around the front of my house from one side to the other to get my dog running back and forth. One of them put a cat in the yard to see what the dog would do to it. I have seen them do this and called them down about it. Who knows what goes on when I am not at home to monitor the behavior of these kids when it comes to my dog. I won't lock him in the garage or chain him up because the problem isn't his. He was a well-behaved, mild-mannered, non-barking dog until all this started. I've asked the parents of these kids to please make them stop teasing my dog but to no avail. The response I get is "well, that's how kids are". So now when my neighbors complain about my dog barking at every little thing, I tell them they only have their kids to blame for the noise. And I'm not talking about young children; when this started three years ago the youngest one of the group was ten, certainly old enough to know better and it continues even now when these kids are teenagers. "

I agree wrote on May 22, 2007 4:55 pm:
" When you complain to Animal Control about a barking dog, they may YOU document the beast!! No where in the article does it mention where inside the city limits the kennels would be located. Does that mean that anyone with a fenced back yard could be a kennel?? "

scooby wrote on May 22, 2007 6:44 pm:
" try putting your dog inside when you're gone as a consideration to your neighbors "

Support the Local Businesses wrote on May 23, 2007 8:27 am:
" The people that have already established their kennels outside city limits are at a serious disadvantage here. They followed the law at the time and are still following it. Why should Camp Bow-Wow (a chain just like Wal-Mart) be able to throw their weight around and get what they want? We will still take our dogs to Prairie Winds Kennels because they are the best place around here. They know my family and dog by name. We are always greeted by a friendly and familiar face. They treat our dog like they would treat a pet of their own, like family. The kennels are always clean, heated and air-conditioned and they have a ton of of outside room for dogs to run around. Support the locally-owned businesses. I know the Camp Bow-Wow will have an Omaha person owning it, not exactly a local business owner. Will he reciprocate business with you? "

CS wrote on May 25, 2007 3:41 pm:
" And laws change. Just because the current kennels are following the law doesn't mean that another entity shouldn't have the right to challenge it. With this kind of logic I should be able to say "Well, in the 50's and 60's there were separate facilities for blacks and whites, im still following it, why should the law change?" etc etc. Lincoln residents complain about lack of growth, then then make the climate so inhospitable that the business runs screaming the other way. Keep going to your kennel if you want to-it proves what I said earlier. The other kennels already have the advantage of established clientel. "