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Old 02-19-2015, 09:53 AM
 
5 posts, read 5,807 times
Reputation: 10

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I get to stand in front of a judge today because I built a temporary pen for my dogs on my property!! Some city guy is harassing me and I've been threatened to be thrown in jail because I didn't ask his permission to put up my dog pen!! I am supposed to own this land and pay their high taxes to live here and don't think I need to ask for someone's permission to build a temp dog pen! I own 1.6 acers down the road from a ethanol plant!!
Can anyone relate or give any advice on my situation in Anderson County Kansas????
Please???
Or where to turn to???
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Old 02-19-2015, 10:29 AM
 
48,509 posts, read 85,517,020 times
Reputation: 18097
Because the people you voted in made that law often called ordinances. The guy telling you is probably the person charged to enforce the law.
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Old 02-19-2015, 10:44 AM
 
1,344 posts, read 2,603,444 times
Reputation: 2472
If you're going to see the Judge, find out what the ordinance is that's in play here.

Never heard of needing a permit or license for a personal use dog pen or kennel other than possibly needing a building permit depending on its size or location. If you're breeder, pet shop, kennel, research facility, distributor or other commercial entity that's something different.
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Old 02-19-2015, 11:28 AM
 
Location: Western Nebraskansas
2,707 posts, read 5,460,199 times
Reputation: 2416
That's what I would suggest, too.

Otherwise, i can't say.
I'm in Kansas too, but out here, no on one would care if I built a bunker in the front yard with a gun turret on top...
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Old 02-19-2015, 11:52 AM
 
Location: Keosauqua, Iowa
9,215 posts, read 17,185,006 times
Reputation: 12441
If you're being threatened with jail, the guy is full of crap. They can make you take it down, fine you if you don't, and eventually take it down for you and assess you costs if you don't do it, but I've never heard of an ordinance like this being punishable with jail time.

I assume you're in the Garnett city limits. I also assume the kennel would be considered a fence, which is covered on page 2 of this document under 4-2-2 (A)3(b), "Fences, Porches, Swimming Pools, and Similar Structures".

I used to be a mayor. Usually what happens when someone build something without a permit is that someone from Codes Enforcement contacts them to let them know they need a permit; if there's no response a couple of abatement notices are sent; if there's no response to the abatement notices, you usually receive a notice to appear. Usually the law requires that all of this be done in writing, but sometimes there are verbal contacts as well especially in small towns. This process can vary by state, but I can't imagine it varying very much from this.

So I'm not sure why you didn't just go to City Hall and apply for the permit when you were first notified that you needed one; it would have cost all of $25 and you would have been done with it, assuming your kennel was build according to whatever code might apply and the permit was approved.

If you've received your notice to appear, you're going to be on the hook for court costs as well as the cost of the kennel plus probably some fines. Sometimes they'll waive the fines if you agree to comply with whatever the court determines that you need to do by a certain date.

Good luck.
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Old 02-20-2015, 02:40 AM
 
5,932 posts, read 5,427,319 times
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On the other hand, if you are a backyard breeder I hope you do get thrown into jail.
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Old 02-20-2015, 06:38 AM
 
1,344 posts, read 2,603,444 times
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HDfergie - What happened yesterday when you saw the Judge?
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Old 02-20-2015, 04:22 PM
 
Location: Forests of Maine
31,307 posts, read 50,629,596 times
Reputation: 20171
Quote:
Originally Posted by 601halfdozen0theother View Post
On the other hand, if you are a backyard breeder I hope you do get thrown into jail.
That is mean.
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Old 02-20-2015, 06:19 PM
 
Location: Jamestown, NY
7,841 posts, read 7,554,659 times
Reputation: 13779
Quote:
Originally Posted by RyanR View Post
If you're going to see the Judge, find out what the ordinance is that's in play here.

Never heard of needing a permit or license for a personal use dog pen or kennel other than possibly needing a building permit depending on its size or location. If you're breeder, pet shop, kennel, research facility, distributor or other commercial entity that's something different.
Different municipalities have different rules. A friend of mine in a suburban town outside of Albany, NY had to take down a 4' wooden fence because the ordinance said fences could only be a maxiumum of 3 1/2 feet. In the city where I live, you can build a fence up to 8' high as long as it's within your property line and does not block sight lines for vehicles pulling out of driveways or at intersections. My previous home was in a suburban town that didn't have any kind of fence ordinance ... but having an unlicensed car in your driveway or backyard was trouble.
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Old 02-20-2015, 06:22 PM
 
Location: Jamestown, NY
7,841 posts, read 7,554,659 times
Reputation: 13779
Quote:
Originally Posted by duster1979 View Post
If you're being threatened with jail, the guy is full of crap. They can make you take it down, fine you if you don't, and eventually take it down for you and assess you costs if you don't do it, but I've never heard of an ordinance like this being punishable with jail time.

I assume you're in the Garnett city limits. I also assume the kennel would be considered a fence, which is covered on page 2 of this document under 4-2-2 (A)3(b), "Fences, Porches, Swimming Pools, and Similar Structures".

I used to be a mayor. Usually what happens when someone build something without a permit is that someone from Codes Enforcement contacts them to let them know they need a permit; if there's no response a couple of abatement notices are sent; if there's no response to the abatement notices, you usually receive a notice to appear. Usually the law requires that all of this be done in writing, but sometimes there are verbal contacts as well especially in small towns. This process can vary by state, but I can't imagine it varying very much from this.

So I'm not sure why you didn't just go to City Hall and apply for the permit when you were first notified that you needed one; it would have cost all of $25 and you would have been done with it, assuming your kennel was build according to whatever code might apply and the permit was approved.

If you've received your notice to appear, you're going to be on the hook for court costs as well as the cost of the kennel plus probably some fines. Sometimes they'll waive the fines if you agree to comply with whatever the court determines that you need to do by a certain date.

Good luck.
I've heard of people being cited -- and jailed -- for contempt of court over ignoring court appearances, so maybe it's that.
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