By Jessica De Nova/KTVL.com

MEDFORD, Ore.-A Medford man's plan to open a dog daycare in Medford is stopped by municipal code 10.813.

Robert Dudley and his wife have wanted to start a dog daycare for months.

"It all started this past summer.  My wife and I decided a dog daycare business would be something good to provide citizens of Medford," says Dudley.

He began researching and getting tips from similar businesses outside of Medford.

Then Dudley hit a road block when he looked into municipal codes.

He says, "More research into municipal codes informed me of the fact that there was some pretty big setbacks."
 
The city says Dudley's idea falls under a kennel.
  
Kennels in Medford need a 200-foot setback, or 200 feet between them and any other property line to ease noise for surrounding residents and
businesses.

In a letter from Dudley to the city council and planning commission, Dudley argues his daycare is in fact--a daycare--with constant interaction with humans and other dogs and no boarding.

He says barking will not be an issue since dogs will not suffer the anxiety of being separated from their owners while confined in a strange place like they do--according to Dudley--in kennels.
    
The city disagrees.

It says dog barking is unpredictable and also takes place during play, making the business a kennel.
    
The council made its recommendation to Dudley yesterday.

"Yesterday I had my first meeting with them and found out that the codes are gonna basically stay the same," says Dudley.

Dudley has searched for properties in Medford meeting the code's requirements.

He says, "Many of the properties in the city do not fall under those guidelines cause they're narrow lots."
    
Dudley can attend tomorrow's council meeting to try and convince the council--once again--to amend the code.

He is debating whether or not it's worth to continue his endeavor in Medford since the city says, if the code does change, he cannot do anything until at least May.

Dudley says he enjoys dogs and sought to help Medford's economy, be self-employed and give busy people a place to drop off their pets to exercise and play.
 
He says, "There is some feasibility in some other communities to possibly do this, but you know I wanted to do it in Medford.  I live in Medford and I think it would be a benefit for the dog owners of Medford, especially a location here in town that would be convenient for them."

Dudley says some surrounding Rogue Valley cities do not have these setbacks and he may take his idea there so he can get his business up and running as soon as possible. 

The issue is to be discussed Thursday, Dec. 13, at noon by the Medford City Council at City Hall on 411 West 8th Street in the Medford Room.Medford dog daycare stopped by city code