Some PA Officials and
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Many "Poor" Farmers Are
Just Trying to Earn
a Living & Can't Afford Modern Equipment for Themselves or Their Hundreds of Dogs
Seems They CAN Afford Laptop Computers!

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PA
PUPPY MILL &
RELATED COMPANION ANIMAL NEWS
09-01-10 -- Advocates to Rally at State Capitol on September 13
For Immediate Release
Contact: North Penn Puppy Mill Watch
Animal advocates from across Pennsylvania will rally Sept. 13 on
Harrisburg’s Capitol Steps sending a message to state legislators: Pass Animal Legislation now.
The rally on the 3rd Street steps from 11 a.m. to 1 p.m. is a follow-up
to years of effort by animal welfare advocates to pass legislation to
improve the lives of all companion animals living in the state’s
shelters, commercial breeding kennels and homes.
“In this significant election year, here's our chance to make sure
legislators hear us: pass meaningful animal welfare legislation,” said
Helen Ebersole, president and co-founder of United Against Puppy Mills,
one of several groups organizing the rally.
Legislation relating to how long animals may be tethered outside,
health and sanitation regulations in commercial breeding kennels, and
eliminating carbon monoxide “gas chamber” euthanasia of shelter animals
has long languished in the General Assembly or been diluted before
being passed.
Steven Hoover, director of the League of Humane Voters’ Western PA
Chapter, supports Senate Bill 672 to outlaw carbon monoxide euthanasia
in animal shelters. The bill was introduced in 2006, but has yet to be
passed, even though legislators assured Hoover it would be.
“This General Assembly is lagging way behind other states,” Hoover
said. “This rally is to try to get them in step with states that have
made great strides in getting animal welfare legislation passed. All of
us in the animal protection community vote. If the people in this
General Assembly won’t listen to us, we will find someone who will.”
Legislators returning from summer break Sept. 13 will be met by rally
attendees and their canine companions who are asking all legislators to
create animal welfare policy statements – essentially putting their
intentions on paper to ensure accountability.
“Over the last five years we’ve heard many promises that, in some
cases, amounted to lip-service and we’d like to see our elected
officials live up to the guarantees they made,” said Jenny Stephens,
director of the animal advocacy group North Penn Puppy Mill Watch.
Tamira Thayne, founder of Dogs Deserve Better, which seeks to limit the
length of time dogs may be chained outside (S.B. 1435), will also speak
at the rally about similar laws that easily passed in many other
states.
“Here in Pennsylvania, six years have gone by while we attempt to pass much more modest legislation,” Thayne said.
###
09-01-10 -- Shady Grove Couple Appeals Guilty Verdict in Cruelty Case
By: Jim Tuttle, Public Opinion
FRANKLIN COUNTY -- A Shady Grove couple found guilty of animal cruelty in July have formally appealed the court's decision.
Defense attorney Jeffrey Conrad filed the appeal in Franklin County
court early last week on behalf of his clients, Ralph and Susan Fries,
he said in a phone interview Tuesday.
During a July 26 summary trial before Magisterial District Judge Duane
Cunningham, the Frieses were collectively found guilty of eight counts
of animal cruelty.
They were ordered to give up their four Siberian huskies and pay more than $8,000 in fines and restitution.
''We're hoping to get a chance to try the case in the court of appeals.
We certainly respect the judge's decision, but at the same time we
respectfully disagree," Conrad said.
He said the prosecution's case did not adequately prove that his clients had "wantonly" abused their dogs.
Franklin County Humane Society Police Officer Floyd "Buck" Hessler is
confident that the original decision will be upheld upon appeal.
''It's their right to appeal. However, I feel the case is strong against them, but that's up to the courts to decide," he said.
The Frieses' four Siberian huskies were seized April 23 from their
residence at 1704 Buchanan Trail East. Hessler acquired a warrant to go
into the home after a neighbor contacted him about conditions there.
During the July trial, dozens of photos depicting the dogs and the
conditions at the Fries home were entered into evidence by the
prosecution.
After finding them guilty, Cunningham set a fine of $200 for each of
the citations and ordered the Frieses to permanently surrender the dogs.
They were also ordered to pay restitution of about $6,500 to the
Cumberland Valley Animal Shelter for the cost of veterinary care,
grooming and daily care since the dogs were seized.
Conrad said Tuesday that his clients are "distraught" over the loss of their pets, which "were like children to them."
''It's frankly incredible that we live in a day and age in the
commonwealth of Pennsylvania, that the government will come into a home
and seize personal property like this," he said.
Hessler said no date has yet been set any proceedings in the matter.
Conrad said a hearing will probably not be scheduled for several more months.
The four dogs are still being held at the Cumberland Valley Animal shelter pending the appeal, Hessler said.
###
08-28-10 -- Puppy Law has Flaw
Philadelphia Inquirer Editorial
State regulators need to put more teeth in Pennsylvania's puppy-mill law to prevent animal abuse.
In approving the new rules for the remaining 100 commercial kennels in
the state (down from 300 a year ago), the Independent Regulatory Review
Commission left a loophole criticized by animal welfare advocates.
The law requires adult dogs to have solid flooring in cages, but it allows puppies under 12 weeks to stand on wire flooring. That means adult dogs that are nursing puppies could live on wire for many months.
That's the very condition
that the law was supposed to protect dogs against. The loophole casts a
shadow over the much-heralded 2008 puppy-mill law proclaimed by Gov.
Rendell to be the toughest in the country.
The Rendell administration's solution to the problem is to require half
of a nursing mother's cage to have solid flooring. But experts say no
dog should be kept under those conditions. Although wire flooring is
cheaper and easier to clean for kennel owners, it can cause painful paw
abrasions and other conditions for dogs.
Not all of the rules in the law's 873 pages are deficient. New rules
governing temperature extremes in kennels, for example, will prevent
life-threatening conditions. But the wire-flooring rule needs to be
reconsidered. Pennsylvania has made great strides to shed its standing
as the puppy mill capital of the East. It needs to stay on that track.
###
08-28-10 -- Veterinarian's Animal Cruelty Conviction Upheld
Charge resulted from treatment of dog with tail injury
By: Cindy Stauffer, Lancaster Intelligencer Journal
Was it a just a snip, or painful surgery performed without anesthesia on a puppy?
A judge ruled in favor of surgery Friday, upholding the guilty verdict
of an area veterinarian who was convicted of cruelty to animals for
cutting off a dog's dangling tail last year.
"He acted unreasonably, and was utterly indifferent" to the dog's pain
or the risk of infection, Lancaster County Judge Howard F. Knisely
said, in making his ruling.
Dr. Tom Stevenson, of Twin Valley Veterinary Clinic in Honey Brook, had
testified he merely was offering first aid to the dog, which he said
did not react when he used a pair of sewing scissors to cut a small
piece of skin that anchored the dog's dangling tail.
But an undercover humane police officer who said she witnessed the act
said Stevenson held the dog under steaming water and cut away at its
tail while it yelped in pain during her visit to a New Providence
kennel last March.
In December, District Judge Stuart Mylin found Stevenson guilty of one
summary count of cruelty to animals and fined him $750. Friday's
hearing was an appeal of that decision.
The state Board of Veterinary Medicine had temporarily suspended
Stevenson's license but later restored it. It has not made a final
decision about his license.
Stevenson declined comment afterward, but his attorney, Jeff Conrad,
said the veterinarian was disappointed in the judge's decision.
Stevenson could appeal the decision to the state Superior Court, but
has not decided if he will, Conrad said.
Stevenson fought the conviction, Conrad said, because, "It hurts professionally."
The prosecutor, Assistant District Attorney Christine Wilson, said Stevenson acted inappropriately when he treated the dog.
The verdict followed a sometimes contentious hearing — during which
Knisely banged on his bench and angrily yelled at Conrad, saying,
"Knock off the dramatization, Jeffrey."
During testimony, Tara Loller said she witnessed the incident in March
2009, when she went to Samuel King's kennel in New Providence to
purchase a dog while working undercover for the Pennsylvania Society
for the Prevention of Cruelty to Animals. She chose a white, poodle-mix
puppy with a tail injury.
King told Loller he accidentally had injured the dog the day before while grooming it, Loller said.
In her presence, Loller said, King handed the dog to Stevenson, who was
at the kennel that day to do an inspection. The veterinarian turned on
a sink at the kennel and let the water run until it was visibly
steaming, Loller said.
Stevenson held the dog's tail under the running water and began "picking pieces off the tail," Loller said.
"She was yelping," Loller said of he dog.
Stevenson then grabbed a pair of scissors and, without washing the dog
or his hands or the scissors, made six cuts to the dog's tail, rubbing
the remaining stub with some kind of ointment, she said.
Stevenson gave a different description of what happened that day.
He said did not bring a medical bag to perform procedures when he
arrived at the kennel to do inspections. But while there, King asked
him to take a look at the injured puppy.
Stevenson said he held the dog's tail area under running water and
started cleaning away "goo" so he could see it better. He saw the tail
was hanging by a piece of tissue, and he told King the only way to
treat the tail would be to snip off the dangling piece.
He said he scrubbed the dog's tail area with a disinfectant soap and
then snipped it and rubbed some antibiotic ointment on it. Loller was
not in the room when he did it, Stevenson said.
The dog did not react or make a sound, he said.
"I did what I did because I believed it was in the best interest of the puppy," Stevenson said.
The dog had a wound that could have gotten infected if it was not
treated. Also, the puppy would have been more stressed if it was taken
from its littermates and mothers to a clinic to be treated and possibly
held overnight.
"The snipping was less than two seconds," he said.
"I was the veterinarian there," he said. "I made the best decision based on the situation I was presented with."
But in other testimony, Dr. Rachel Lee, medical director of the PSPCA,
said the dog would have suffered pain when Stevenson snipped the tail.
In her opinion, she said, the procedure should have been done under
anesthesia, with proper sterilization and pain medication.
Conrad said the hearing was important to Stevenson, saying he argued
"passionately" for him because the veterinarian is known for his
honesty and professional behavior.
But Conrad's passion appeared to irk Knisely who yelled loudly at the
defense attorney during a sidebar discussion in front of his bench,
saying, "Let's get to the point of a lack of dramatization."
A few minutes later, Knisely exploded again, banging his hand on his bench and yelling, "This is not a game."
###
08-28-10 -- Shana: "Cash Cow" in a Cruel Culture
By: Karen Steinrock, The Patriot News (Part II of a Series - Part I Posted Below)
My heartfelt thanks to the many folks who offered to foster Shana and
others who sent “get well” wishes to my kitty Otis. He’s slowly
healing…and finally wandering out again for his meals.
Meanwhile, Shana awaits placement in a suitable environment, while she
relishes the kindness of humans at the boarding kennel. Given her
history of six years in a pen and many unknowns, the rescue committee
is carefully screening prospective homes—ideally, folks experienced
with Newfoundlands.
But the question remains….how did this loving dog end up locked in a pen half her life, pinching out puppies for cash?
The answer is disturbingly simple. People bought her puppies.
Public outrage over deplorable conditions at puppy mills is widespread
and commercial kennels under the gun to make improvements. But what
about a small-time backyard breeder like Shana’s? Same mentality,
smaller operation. Not enough dogs to require a kennel license, thus no
inspectors sniffing around.
There
are likely hundreds, if not thousands, of small-time, for-profit
breeders just like him who fall beneath dog law radar. People see a
pristeen farm in God’s country, breathe in the fresh air and assume the
puppy has been raised in a loving home with children dancing about. Not
always the case.
The adorable furry may be presented to the buyer in a home that smells
like fresh-baked apple pie, but that may be the first time junior was
out of the barn. Smitten puppy parents rarely ask to see the mother,
let alone how she lived. They’re so enamored with the bundle of fur in
their lap how could anything be wrong? Anyone who’d seen Shana’s dark,
dingy pen would have been as horrified as I was.
No wonder both ears were infected, nails overgrown, teeth tartered,
paws matted and burrs buried in her mud-caked coat. The breeder handed
me her AKC papers, vet records, asked for her beat up leather collar
back (for the next victim, no doubt), and bid adieu to Shana with a
halfhearted wave and “See ya”. He had explained earlier, he doesn’t get
attached.
You’re probably envisioning this guy as evil incarnate, yet to meet him
under any other circumstances he’d appear a nice, clean cut, polite
young man. Both Shana and he were born into a culture that exploits
dogs for profit. He learned the trade from his father and will likely
pass it on to his children. After all, he’s not breaking any laws, just
selling a few “wares” on the side to make some extra bucks.
So who is the real villain in this situation….the breeder or the
buyers? Maybe a little of both. Preaching responsible dog ownership to
a guy like this would be futile. But a smart puppy buyer could hit him
right where it hurts – in the wallet. Only buyers can force a breeder
to clean up his act by doing their homework and NOT buying puppies
raised in these conditions.
Another thought haunts me. Was rescuing Shana the right thing to do? Or
did it simply open up her pen for another breeding machine? He made his
money off of her and when she could no longer produce, someone was
waiting in the wings to take the “liability” off his hands. What a
lucky break. He has every reason to do it again.
But let’s not forget the rescue mantra…”One dog at a time” and praise
the unsung heroes, including rescue groups who invest considerable time
and resources to help dogs like Shana, the staff at the veterinary
hospital and boarding kennel who go above and beyond to show kindness
to neglected dogs. And, ultimately, the folks who give them a loving
home.
Rescuing Shana - Part I
By: Karen Steinrock, The Patriot News (Part I Originally Published 08/21/10)
My “vacation” got very interesting when a new furry entered our lives two weeks ago.
The 6-year-old Newfoundland had lived her life in a small pen tucked in
the dark corner of a barn. She had never been in a house, on a leash or
played with toys. Her only exposure to other dogs was a female in the
pen beside her and the studs who serviced her.
When she could no longer produce puppies, the owner ran a classified
for her that read like an appliance ad….”$250 or best offer”.
The ad haunted me, so I called the number to try and persuade the owner
to turn her over to Newfoundland rescue – explaining they would find a
proper home but could not pay money for her. I asked why he would part
with her at this age and he said her last breeding didn’t take and he
was tired of buying dog food. I bit my tongue many times just to keep a
dialogue going.
After several calls from me and the Newfy rescue gal, he finally agreed
to surrender her. I was ecstatic, and when the rescue coordinator asked
if I could take her, quickly converted my van back into a two-dog taxi.
She was coming to my house! Woo Hoo!
I had concerns as to whether she and Barney would hit it off, but knew
to handle the introduction carefully. He was ready for a companion,
preferably a female. I wanted it to work and would make it sure it did.
My heart melted when Shana greeted me with matted paws dangling over
the edge of the pen, a desperate yet soulful look in her eyes. And she
couldn’t wait to get out of there, literally galloping to my open van
and leaping right into the crate. She was onto a new, better life and I
felt like a new “mom.” Our ride home was nothing short of joyful.
First order of business was a bath, actually two. She was the dirtiest
dog I’d ever bathed. Muck bubbled from her short coat which had been
shaved down early summer. . She looked like a chocolate soda but
smelled like a sewer. You can imagine.
Then it was time to meet Barney. With careful use of loose leads we
could let them posture naturally yet break up any skirmishes. After a
half hour or so, Shana’s body language alone put Barney in his place
and he stopped needling her. This was going to work.
The rest of the night and next day went without incident. She loved the
air conditioning and lounged around the house all day as though she’d
always lived here. It was great.
Then a devastating turn of events. Out of nowhere, she grabbed and
shook my 17-year-old cat Otis, who dangled helplessly from her mouth--
as though something snapped in her head and a primal/predatory urge
took over. We were frantic, backed into a corner of the kitchen
desperately trying to pry him from her powerful jaws.
By the time she let go, Otis was already injured and in shock. We
feared she broke his back and zoomed off to the vet in a panic. He
suffered a puncture would to his neck and brain/spinal trauma but was
able to come home. We boarded Shana at the clinic that night for Otis’
safety.
While most Newfies, including all I’ve owned, cohabitate peacefully
with cats, this poor dog simply didn’t know any better. Heaven only
knows what happened on that farm -- maybe she was encouraged to attack
small animals or saw other dogs do it. Regardless, she cannot live in a
cat home at this time.
Fast forward to present. The search for a new (catless) foster family
is underway while she boards at an area kennel. I visit her often and
she’s learning basic commands, motivated more by praise than food
rewards. She’s such a forgiving creature and wants to please. What
happened was not her fault.
###
08-27-10 -- Woman Found Guilty on 22 Counts of Animal Cruelty
By: Staci Wilson, The Times Tribune
A Susquehanna County woman was found guilty Thursday afternoon of 22
counts of animal cruelty and can no longer own more than three dogs at
a time for the next five years.
Jeanne Knapp, 53, of Thompson, appealed 78 animal cruelty summary
convictions she received last winter by District Judge Peter Janicelli
to county court.
Ms. Knapp was convicted of one animal cruelty count for each of the 22
dogs seized from her home. She was found not guilty on 12 counts and 44
counts were dismissed by the judge.
In December 2009, animal control officers seized 22 dogs and four birds
from Ms. Knapp's Main Street residence. Since the animals were seized,
two of the dogs have died.
"It was one of the worst cases I've seen out of the hundreds of animal
cruelty cases I've seen," said prosecution witness Dr. Kimberly
Russell, a veterinarian for the Pennsylvania Society for the Prevention
of Cruelty to Animals.
"Every single animal was suffering from some form of neglect," Dr.
Russell said. The surviving dogs were ordered to be returned to Ms.
Knapp's daughter in Afton, N.Y.
Ms. Knapp also must also pay more than $46,645 in restitution to the
Pennsylvania SPCA and was fined an additional $50 per conviction.
###
08-27-10 -- War of Words Leads to Dog Being Shot in Long Pond
By: Howard Frank, Pocono Record
A dangerous mix of feuding neighbors, roaming dogs and loaded guns have rocked a quiet Long Pond neighborhood.
It all reached a boiling point last week.
Brenda Dean walked into her Long Pond bedroom Friday and found a
neighbor's pit bull, named Haze, trying to maul her cat, Ginger. The
dog had clawed its way through the Dean's screen door.
She yelled for her husband Michael. The Deans' own dog, Dazy, a black
lab mix, chased Haze out across the yard. Dazy had Haze pinned to the
ground. The Deans called Dazy back to their porch.
"The pit bull got up and began to pursue, and that is when my husband shot the pit in the chest," Brenda Dean said.
The rifle bullet traveled through Haze and exited out his side. He survived his wounds.
The dog's owner, Jesus Rivera, said Haze was shot for no reason.
Rivera said he was walking Haze on a leash Friday night when the dog smelled one of the Dean's cats and got away from him.
Rivera said he called Haze, who stopped, and began walking back to him when she was shot.
It's just the latest episode between neighbors who claim Rivera's dogs have been terrorizing them for years.
For the Deans, it began 10 years ago when Brenda said Rivera's
Rottweiler Fluffy attacked the Deans' German shepherd Zeke who was
sleeping on the Deans' deck.
"Fluffy grabbed Zeke by the face and dragged him across the yard," Dean
said. "By the time we all reacted he was chewing Zeke's face. I was
hitting Fluffy with a shovel. By Jesus' instruction, my son hit Fluffy
with a two-by-four."
Fluffy tore out Zeke's eye and ripped him in his groin.
Since that incident, Rivera's pit bull puppy Haze and Fluffy both run
loose at night, according to the Deans and their neighbors.
There have been other incidents.
"They were constantly going after my ponies," neighbor Ed Hall said of Rivera's dogs.
Hall went to court and was told if the dogs come on his property, he can shoot them.
Fluffy, Hall said, killed 17 quail two years ago. When he went to Rivera, the man told him it wasn't his dog.
"The only way to prove it's his dog is to shoot it," Hall said.
In January, his brother and neighbor Tom Hall was confronted by Haze, who he said growled and bared teeth.
"I'm not scared of those dogs," Hall said. "I'll shoot them."
Hall lives next door to the Riveras.
"He could keep elephants over there — as long as he keeps them in his yard."
Deans' kitten Rose was chased by Haze, according to the family. The kitten was later found mauled on the side of the road.
The Deans have tried unsuccessfully to get the local dog warden, George
Nixon, involved. "All he's ever told us to do is contact the Pocono
Regional Police Department to issue a citation to Rivera," Dean said.
When she did, Pocono Regional told her the dog warden was responsible for issuing the citation.
Under Pennsylvania's dog laws, if a dog even chases another animal, it
could be deemed dangerous. And it is the dog warden's duty to enforce
those laws, although the responsibility to cite owners for dogs running
loose is shared with law enforcement.
Justin Fleming, spokesperson for the Department of Agriculture, the
state agency that oversees dog law enforcement, said no complaints came
into the Bureau of Dog Law Enforcement about the Riveras.
Officer Jim Apgar of the Pocono Mountain Regional Police said he
expects to issue citations to the Riveras soon under the dog laws. He
acknowledged it's not the first incident involving one of Rivera's dogs.
Both Jesus Rivera and his son, Jimmy Rivera, denied Haze or Fluffy ever attacked another animal.
"Hands down it's a true public safety hazard," Apgar said. "When you
have people who can't walk their dogs in their own yards and they are
armed with a gun, it's a problem."
###
08-26-10 -- PSPCA Removes 92 Dogs From Stroudsburg Home
By: Amy Worden, Philadelphia Inquirer
The Pennsylvania SPCA removed 92 dogs suffering from parasites, matted
fur and severe flea infestation from a home in Stroudsburg earlier this
month.
On Aug.12, officers executed a search warrant at a home on the 7400
block of Terrace Drive in Stroudsburg and found 92 dogs of various
small breeds were removed from the property and brought to PSPCA
headquarters for medical evaluation, the organization said in response
to a reporter's query.
All the dogs were signed over to the PSPCA and have either been
adopted, placed with rescue groups or are in foster care. The PSPCA
said it was a hoarding case, not a puppy mill, and did not identify the
property owner who is facing cruelty charges.
Bill Smith, of Main Line Animal Rescue, said at least one of the 12
dogs he took in had an upper respiratory infection. PSPCA spokeswoman
Liz Williamson said the animals did not arrive sick, but that it is not
uncommon for animals to develop upper respiratory infections following
a stressful event, such as being transported to the shelter and
receiving medical exams.
The majority of the dogs were transferred out of the shelter very
rapidly - within 48 to 72 hours of being brought in. Most of the dogs
have been in foster care or with rescues for a much longer period of
time than they were at the shelter, she said.
Why did it take two weeks for word to get out about such a large raid?
Williamson said the PSPCA does not "inform the media about every search
warrant that is executed."
The PSPCA closed its shelter in Monroe County (where Stroudsburg is
located) in 2009. The PSPCA still has an officer assigned to the area
and others are sworn-in and therefore have authority to prosecute
cruelty cases there, Williamson said.
###
08-26-10 -- Dog Law Fixes
By: Lancaster Intelligencer Journal: In Our View
A year from now, Pennsylvania's commercial dog breeding kennels will
face tough new rules regarding the treatment of the animals they house.
Aimed at changing Pennsylvania's reputation for "puppy mills,'' the new
regulations govern temperature, ventilation, humidity, lighting and
flooring in kennels that breed dogs for sale to dealers or pet stores
or that sell more than 60 dogs during a year.
The regulations mandate that kennels be adequately ventilated, that
excessive humidity levels be reduced and that temperatures be
continuously monitored throughout the day.
But one part of the rules - which run 873 pages - remains particularly
controversial. This is language that allows puppies and their mothers
(for a limited time) to reside in cages in which the flooring is
comprised of wire mesh.
Mesh flooring allows animal waste to pass through and makes cleaning
easier for kennel operators. However, this flooring is very hard on
animal paws and can result in abrasions and splayed feet.
Mesh flooring is generally banned by the new kennel regulations, but
this exception has attracted the concern of animal rights organizations
and some lawmakers.
Even the state's Independent Regulatory Review Commission, which has
final say on all new state regulations, noted the contradiction in the
mesh flooring exception.
In approving the kennel regulations, the commission said there was an
"oversight'' in the law regarding mesh flooring and called on lawmakers
to amend the measure to ban it entirely.
We agree. We would urge the Legislature to address this situation
immediately so that kennel operators will have time to comply before
the regulations take effect on July 1, 2011.
Kennel operators complain that the new rules are unnecessarily costly.
However, the state's tough new approach to dog breeding was a response
to horrific conditions in some kennels, a number of which operated
outside earlier regulations.
Already, new requirements for licensing, veterinary care and now the
specter of rules on temperature, ventilation, humidity and lighting
have led to the demise of about two-thirds of the commercial kennels in
the state. About 100 of these large kennels now remain.
The state has a responsibility to make sure those that remain comply with all the new rules and lawmakers and regulators must make sure that this includes a complete ban on mesh flooring.
###
08-25-10 -- Woman Appealing Animal Cruelty Convictions
By: Staci Wilson, Susquehanna County Independent
A Susquehanna County woman appealing 78 convictions of animal cruelty
from an alleged puppy mill operation near Thompson is getting another
few days in court this week.
Jeanne Knapp is having her case heard in a judge’s trial before
Susquehanna County Court of Common Pleas President Judge Kenneth
Seamans.
She was unhappy with the summary convictions she received last winter from Magisterial District Judge Peter Janicelli.
In December of 2009, animal control officers seized 26 animals (22 dogs
and 4 birds) from Knapp and charged her with 78 counts of animal
cruelty of which she was found guilty in January.
Prior testimony in Knapp’s appeal was offered in May.
On Monday, Dr. Kimberly Russell, a veterinarian for the Pennsylvania
Society for the Prevention of Cruelty to Animals, who took the stand
for the prosecution said, “It was one of the worst cases I’ve seen out
of the hundreds of animal cruelty cases I’ve seen.”
Russell noted, “Every single animal was suffering from some form of neglect.”
The veterinarian described some of the dogs as arriving at the
Philadelphia shelter in an emaciated state and suffering from
dehydration, ear infections and upper respiratory infections.
Knapp’s attorney, Robert Hollister questioned Russell about the various vet services and treatments provided to the animals.
In court testimony, Officer Annette Hoffman described animals in poor
physical conditions, with fur matted with feces and mud; overturned,
dirty water and food bowls; and sub-standard housing.
Since the Dec. 2, 2009, seizure of the animals, two dogs have died.
One, named “Saturday” by PSPCA officers, died in January and another
dog, referred to as “Monday,” was euthanized in July, according to
court testimony.
Hoffman said the PSPCA had received a complaint in November 2009 of
sick-looking dogs with improper shelter at the Knapp residence.
The officer said that upon arriving at the house, she could see several
large dogs, described as shepherds, and at least one small dog.
Hoffman testified that she could see “every rib” and protruding hip bones on the dog housed closest to the driveway.
“The dog appeared to have caked on mud and feces on it,” Hoffman offered.
Knapp denied the officer access to the property to investigate and
Hoffman obtained a search warrant based on the condition of the dog she
had seen.
Of the dogs eventually removed from the Knapp residence, Hoffman said
about half were shepherd or shepherd-mix canines; the other half were
small dogs, including a Pomeranian, Yorkie and some terrier-mixes.
Knapp had refused to surrender the animals, Hoffman said.
Attorney Elizabeth Anderson was also called to testify by the
prosecution. Anderson said she works as a PSPCA consultant and she
testified that as of Monday, Knapp owed PSPCA more than $49,000 for the
veterinarian care administered and daily boarding of the animals.
PSPCA Officer Greg Jordan also offered testimony in court on Monday.
Jordan was present during the seizure and transport of the animals.
The prosecution rested its case late Monday afternoon.
Hollister recalled Russell to the stand as his first witness and
questioned the vet about costs of vaccinations and the vet services to
the animals.
Russell said she provided the PSPCA clinic manager with a record of services rendered and the manager determined the charges.
The case is scheduled to resume on Thursday, Aug. 26 at 1 p.m
###
08-25-10 -- Caged: When Judges Hand Down Prison Time for Animal Abuse
By: Elizabeth Evans, York Dispatch
In the past decade, York County judges determined some animal cruelty
cases were heinous enough to warrant prison time. Here are some of
them:
June 2001 -- Dallastown resident Ray T. "Buddy" Kreeger Jr. was charged
with misdemeanor animal cruelty for mortally wounding a kitten by
hurling it against a wall, an act witnessed by a half-dozen small
children on West Pennsylvania Avenue in Yoe. Jurors took 20 minutes to
convict Kreeger, who was later sentenced to one to 23 months in prison
by Common Pleas Judge Sheryl Ann Dorney.
October 2001 -- York resident Mark Ray Myers was charged with summary
animal cruelty for allowing a Dalmatian named Shiloh to starve to
death. District Judge Barbara Nixon found Myers guilty and sentenced
him to 30 days in prison. Myers appealed to York County Court, where
Common Pleas Judge Michael J. Brillhart upheld Nixon's ruling and
increased the prison sentence to 45 days.
December 2002 -- Lower Windsor Township resident Charles Shanebrook was
charged with misdemeanor animal cruelty for deliberately running over a
dog along Winterstown Road in Hopewell Township. Traffic was stopped as
two people tried to coax the dog off the street, but Shanebrook honked
his tractor-trailer's horn, kept driving and fatally struck Harry, a
14-year-old chow mix. After Shanebrook was convicted, Common Pleas
Judge Sheryl Ann Dorney sentenced him to three to 23 months, minus a
day, in county prison. Shanebrook remained free on appeal, but in
August 2005 the sentence was upheld by the state Superior Court and
Dorney ordered Shanebrook to prison.
February 2004 -- York City resident Kalief Watkins was charged with
felony animal cruelty for running a dog-fighting ring out of his former
home in the 300 block of East King Street. Police and York County SPCA
officials raided the home and found dog-fighting equipment, a rifle,
drugs and a female pit bull tied to a bench. The dog, Angel, had
apparent fight scars and was later adopted. Watkins pleaded guilty to
misdemeanor animal cruelty, illegal gun possession and possession of
marijuana and was sentenced to two to four years in state prison by
Common Pleas Judge Penny L. Blackwell.
February 2007 -- Shrewsbury resident Celeste Rainone was charged with
misdemeanor animal cruelty in Hydes, Md., for killing a poodle she was
grooming at her business there, Grooming by Celeste. Fourteen-year-old
Rajah was beaten, strangled and mutilated, authorities said. Rainone
was sentenced to 90 days in prison and ordered to surrender her
Maryland grooming license.
March 2009 -- York City resident Vernard L. Lee III was charged with
summary animal cruelty for cutting off the ears of his 8-week-old pit
bull, Chance, rather than have a veterinarian perform the procedure.
During the SPCA's investigation, Lee relinquished ownership of Chance,
who was sent to a private rescue organization for adoption. Lee was
sentenced to 15 days in county prison by District Judge Richard Martin
II.
###
08-25-10 -- Illegal Kennel Charges Continue in Franklin County Court
By: Vicky Taylor, Public Opinion Online
A Greene Township farmer charged with running an illegal kennel failed
Tuesday to convince the judge that he didn't break the state's dog law
when three dogs he had given to his father gave birth to puppies this
year.
Paul S. Ebersol, 51, took his case to a full preliminary hearing
Tuesday in front of Magisterial District Judge T.R. Williams at
Franklin County Central Court. He is charged with three counts of
failure to maintain sanitary kennel conditions, one count of operating
a kennel without a license and one count of failure to keep proper
kennel records.
All of the charges are third-degree misdemeanors.
Ebersol, who represented himself in the court proceeding, argued that
of 40 dogs on his property when charges were filed in June, three adult
dogs and 17 puppies belonged to his father and were not part of his
breeding operation.
He said he did not realize that he had to have a kennel license because
he did not consider those 20 dogs part of his breeding operation, even
through his father's mobile home was located on his farm.
Ebersol told Public Opinion in June that he had given the adult dogs to his father before they gave birth.
Assistant District Attorney Gerard Mangieri pointed out that the
state's kennel law specifically includes every dog kept at all
locations on a property when determining when an individual or
operation must obtain a kennel license.
Williams agreed, finding enough evidence to send the case into the county's Court of Common Pleas for trial.
Ebersol owns and operates Sunset Kennel at his 4970 Sunset Pike
property. Sunset Kennel's license expired Dec. 31 and the kennel was
officially closed as a licensed facility, according to court records.
Under the law, anyone with more than 25 dogs in a given year is
required to have a kennel license. A closing inspection of Sunset
Kennel in January found 22 adult dogs and one puppy on the premises.
According to charging documents, on June 23 state Dog Warden Georgia
Martin found 40 dogs on Ebersol's property after executing a search
warrant.
Ebersol has said he "down-sized" his kennel operation this year and did
not realize the three German shepherds he gave his father and the 17
puppies those three dogs had given birth to put him in violation of the
new kennel law that went into effect last fall.
While his father's dogs and their puppies were on the same property,
Ebersol said he believed they should not be counted among his dogs.
Ten members of Ebersol's family, including his wife, were at Tuesday's hearing.
Ebersol's next court date will be a formal arraignment, set for 1 p.m. Oct. 6.
View Kennel Inspection Reports: 2009 Click HERE 2010 Click HERE
###
08-25-10 -- Pocono Animal Shelter Running Out of Money
By: Beth Brelje, Pocono Record
The AWSOM animal shelter in Stroudsburg could close in a month if more money is not raised immediately.
"I'm not sure what will happen. We may not be around. If we don't have
money to be open, we will be closed," said Angela McKenzie, treasurer
of the Animal Welfare Society of Monroe.
The shelter is overpopulated with cats and has around $24,000 left in
the operating funds, according to McKenzie. That is enough for 24 days.
It takes about $1,000 a day to run the shelter, which shuns
euthanization in most cases.
One reason for the shortfall is the high cost of saving animals with
veterinary care. Leg amputations, wound care and a host of other long-
and short-term medical issues are treated on animals that would be
deemed unadoptable at some other shelters.
An increase in the number of animals abandoned at the shelter overnight
is also to blame for the low funds. The practice is not allowed, yet
several times a week, animals are dropped off, often in multiples,
while the shelter is closed.
A small cage with a nursing cat and four kittens recently increased the
cat population by five, McKenzie said. AWSOM has about 80 cats in need
of homes.
Pet abandonment is an economy-driven trend across the state.
In Erie, 15 healthy cats were recently euthanized in one day due to
lack of space at the Humane Society of Northwestern Pennsylvania.
Euthanasia, predominantly of cats, is soaring due to a surge in
abandonment, according to an article by Erie Times-News reporter Gerry
Weiss.
AWSOM's no-kill shelter in Monroe County opened in November 2009 after
the county went without a physical shelter for nine months. Previously
it was run by the Pennsylvania Society for the Prevention of Cruelty to
Animals, which closed the Stroudsburg shelter in January 2009.
Rescue groups and animal advocates formed a new local response to
animal welfare — a no-kill or life-affirming shelter philosophy in
which sick animals are nursed back to health and no animal is
euthanized just to make space for another.
The Pennsylvania SPCA now leases the Stroudsburg shelter to AWSOM, the organization formed by these animal advocates.
Adoptions declined in the summer in Stroudsburg, further reducing
income. To encourage adoption, AWSOM is offering reduced cat adoption
rates at a loss. Adopt one cat for the usual rate, $50, and get a
second cat for $25. The fees don't cover the care AWSOM provides.
In addition to operating money, AWSOM has around $50,000 set aside for
a spay/neuter clinic that is in the works. It is money the group does
not want to touch for operation expenses.
"Once we have a clinic, we will be sustainable," said AWSOM board member Marie Grimm.
One hundred percent of donations go to shelter operation. Find
information about donating at www.awsomanimals.org, or call
570-421-3647.
###
08-25-10 -- Bad Economy Bad Times For NW PA. Cats
By: Gerry Weiss, Erie Times-News
There is reverence in this room.
For the difficult task performed. For each cat or dog, treated with calming compassion until the very end.
The euthanasia room, tucked away inside the Humane Society of
Northwestern Pennsylvania, has little in it. The walls are bare and
painted light purple. An examination table is placed near the middle.
A staff member, wearing long rubber gloves, removes the animal from one of the clinic's cages and carries it into this room.
Another worker often apologizes to the cat or dog, and then injects it with a dose of Sodium pentathol.
The animal is dead within three or four seconds.
But on Thursday at the Humane Society, one animal was followed by another, and another, and another.
Officials said 20 cats were euthanized that day, 15 of which were healthy and at the shelter for less than two weeks.
Euthanasia, predominantly of cats, is soaring at area animal shelters —
a crisis, officials say, brought on by a drop in adoptions and a sharp
rise in drop-offs of stray and abandoned cats that local clinics are
calling an epidemic.
The culprit, shelters believe, is the bad economy matched with the
expenses of having a pet, making the sad rise in euthanized animals —
many of which are healthy and adoptable — one of the more startling
fall outs of the recession.
The Humane Society euthanized 73 percent of its cat intakes between
April 2009 and this past July. The clinic projects it will euthanize
more than 1,600 cats in 2010, its highest number in at least a decade,
said Joe Grisanti, the shelter's executive director.
In 2008, the Millcreek Township agency took in 1,258 cats, adopted out
624, and euthanized 467. In 2009, intakes nearly doubled, to 2,114
cats, while adoptions dropped to 518. The clinic euthanized 1,436 cats.
The Humane Society — which euthanizes for medical reasons, behavioral
issues and shelter space, according to its executive director — is on
pace in 2010 to see its cat intakes surpass 2009's total.
Grisanti said the shelter, which typically holds about 150 animals,
cannot keep up with the pace of strays and abandoned cats being dropped
off given the low number of adoptions.
"Everyone thinks this is an adoption agency, but it's a euthanasia
agency. And the public doesn't want to know that, and isn't able to
digest that," Grisanti said. "People think that this special cat is
going to get a wonderful home when dropped off here, but they give
little consideration to what will really happen. And that reality is
very hard on us because we put to death animals we love, admire and
respect every day."
The shelter also has seen more signs of neglect, abuse and
significantly diminished health in the drop-offs, leading to a rapid
spread of illness throughout the clinic and the harsh consequence of
having little chance of being adopted.
Grisanti said he and his staff of about 20 are "frustrated, saddened
and angry" at what he calls "an outrageous display of behavior by
irresponsible pet owners and the public who contribute to this very
serious crisis."
Shelter officials believe there are tens of thousands of stray and
abandoned cats roaming the Erie region, overloading animal enforcement
officers this year with nearly twice as many cats as officers collected
in 2009.
The recession, which began in late 2007, placed a crunch on pet owners'
wallets, officials say, and still continues to make them less likely to
spay or neuter and more likely to leave their pet outdoors. That habit
has spurred a massive spike in mating and led to more unwanted litters.
The poor economy also created a larger number of transients: people
faced with new landlords not accepting of pets, and more pet owners
with less money eventually giving up on those animals.
"I'm getting bogged down with strays. I've never seen it this bad,"
said Kris Watkins, manager of the A.N.N.A. Shelter, 1555 E. 10th St.,
adding that her clinic has seen a 20 percent spike in cat intakes from
2009.
The shelter receives most of its cats and dogs through contracts with
several animal enforcement agencies, including the city of Erie, Erie
County and Lawrence Park Township.
Watkins said her agency accepts drop-offs from the public by appointment only.
"I have to be selective. I don't have a lot of space," she said. "If we
opened our doors and let anyone come in and drop off a cat, the numbers
would be astronomical."
The shelter, which opened in 2004, tries to keep its cat population at
about 60, said its director, Ruth Thompson Caroll. Last week, A.N.N.A.
had 119 cats, and at times this year has taken in three times as many
kittens as normal.
Caroll said the shelter euthanized more cats between October and December of 2009 than any three-month period in its history.
"The public needs to be educated on what has become a cat epidemic,"
she said. "People think they're doing the good-Samaritan thing by
feeding and sustaining these stray cats. But they don't spay or neuter,
and if the cat doesn't come back, they just do the same thing for the
next one to come along."
Shelters take various steps to spare a cat or dog the finality of euthanasia.
Community lost-and-found lists are checked.
Ads are run in newspapers.
Clinic staff scan the animals for microchip implants and any identification that would link a pet to its owner.
Lately, at the Humane Society, those efforts have been futile.
On Thursday, a short-haired black cat was curled up toward the back of
a cage inside what the shelter calls its "known-history" room. The
6-year-old, dropped off at the clinic on Aug. 10, had goopy discharge
around his watery eyes, and he couldn't stop sneezing.
The room, as big as a walk-in bedroom closet, had 15 cats inside 12
cages, including two litters of kittens on Thursday. Sounds of meowing
and an occasional hiss filled the space, which is directly next door to
the shelter's "unknown-history room."
In here, there is little hope.
One cat wheezed with respiratory failure. Another cat had physical wounds and open sores.
In a bottom corner cage was a gray 2-pound stray, picked up by
Millcreek Township animal enforcement after he was found in the parking
lot.
On this day, this will be the last morning 20 of these cats see.
Once euthanized, they are individually wrapped in a plastic bag, stored
in a freezer for a day or two, and then taken in 400-pound batches to a
crematory inside the building.
###
08-25-10 -- Breeder Admits Cruelty, Operating Illegal Kennel
By: Jo Ciavaglia, Bucks County Courier Times
A former Solebury woman will pay $6,400 in restitution and fines for
operating an illegal kennel inside a rented home under a plea agreement
that settles the 4-month-old case and releases most of the poodles for
adoption.
Grace Lossman, 62, who no longer lives in Pennsylvania, pleaded guilty
Tuesday before District Judge Maggie Snow to eight counts of cruelty to
animals, operating an illegal kennel and continuing to operate a kennel
without a license.
She was fined $1,400 for those violations and ordered to pay another
$5,000 in restitution to the Bucks County SPCA, which has cared for the
poodles since they were removed.
The SPCA, Solebury police and state Bureau of Dog Law Enforcement
raided the house in the 3100 block of Aquetong Road in April and found
more than 35 dogs, puppies and one cat living in unsanitary and
inhumane conditions. The property was operated as an illegal kennel
under the name Belcanto Standard Poodles.
Thirty-four standard poodles and the cat were taken during the raid and
found to be in fair health. State law requires anyone with more than 25
dogs on their premises to have a kennel license.
A computer professional, Lossman said earlier this year that she raised
"highly skilled performance dogs." She said she occasionally would sell
a puppy to "a very good person," but that the dogs were her pets.
Lossman was allowed to keep the four oldest dogs and the cat under the
settlement, said Anne Irwin, director of the Bucks County SPCA.
Seven dogs under Lossman's care were returned to their owners and all
but nine of the remaining dogs can be adopted by families that have
been waiting since April to take them home, Irwin said.
###
08-23-10 -- Cumberland Valley Animal Shelter Needs $2.7 Million
By: Jim Hook, Public Opinion Online
GREENE TOWNSHIP -- The exterior of the new Cumberland Valley Animal Shelter looks finished.
And contractors actually are just days away from finishing up the contract to build the shell.
"The inside is still empty," said Jennifer Vanderau, shelter communications director. "We need help to turn on the lights."
The shelter needs $2.7 million.
"When we first started this, we had hoped to be real close to moving
in," Vanderau said. "It's taking longer because of the economy."
The animal shelter and CSX had agreed in 2007: The shelter, located
adjacent to the new CSX rail/truck terminal, would move by September
2010; CSX would donate $600,000 to the cause. It was not in the best
interest of homeless dogs and cats to shelter them next door to an
operation with sudden loud noises.
It was apparent before the groundbreaking last year at Letterkenny Road West that raising the money would take longer.
Shelter officials remain confident that CSX will extend the deadline because of the shelter's effort and the economic climate.
A challenge grant presented two months ago has a way to go. Michael and
Patricia Hurt offered a donation of $50,000 to the capital campaign if
the community would raise an additional $100,000. The shelter has since
received more than $59,000 in pledges and cash donations, $41,000 short
of the goal.
"We are very pleased with the great initial response to our challenge
grant so far, and are optimistic that our goal will be met or
exceeded," the Hurts said in a joint statement on Friday. "We visited
the site of the new shelter last week and were impressed with the
continued progress. Hopefully, the challenge grant can be completed
before the end of this year. Our only goal is to see the shelter
construction continue to move forward to completion. Thank you to
everyone who has supported this effort."
The shelter began its Rallying to Relocate Capital Campaign about a
year ago and is proceeding with construction as the money comes in.
Work will draw to a close on the $4.2 million project until money is
raised for the final phase -- to run wire and plumbing, put up walls
and install kennels.
"We need to do this in phases as money allows, because we couldn't take the shelter into debt," Vanderau said.
The shelter has received tremendous support from the local business
community with in-kind contributions, she said. Other businesses and
individuals continue to support the shelter's operating budget.
"We are so much more than a building with kennels and cat cages,"
shelter President Nancy Gardner said. "The programs we have for the
benefit of the community are far-reaching and effective in educating
the public about animal welfare.
"The cruelty investigations and seizures of both domestic and farm
animals are vital to ensure that animal suffering is addressed. All of
our valuable programs come with a cost that, as a professional shelter,
we must meet on a daily basis."
The existing shelter on Country Road in Guilford Township is operating at near capacity, Vanderau said.
Staff is making do, she said. The epoxy floors are getting rough with
patchwork, she said. Kennel doors are getting tougher to open and
close. Ventilation has always been relatively inadequate because of the
age of the building.
The existing animal shelter was built in 1983 and expanded in 1995.
"We invite the public to visit our present shelter and see firsthand
the overcrowded conditions our staff must cope with," Gardner said. "We
desperately need to get to our new location, where our work will be
more easily and more efficiently accomplished. In the end, a community
gets the degree of sheltering it is willing to support. Our animals are
relying on this community to get them to Letterkenny Road West."
The new LEED-certified shelter will incorporate quality ventilation,
flooring that will withstand constant disinfecting, isolation areas
separate from adoption areas to reduce the spread of disease, and more
space for homeless animals.
Franklin County Commissioner Robert Thomas was one of the first individuals to respond to the Hurts' challenge.
"Sherryl and I had planned to make our contribution to the final phase
of the shelter's relocation," he said. "When we heard about this
generous challenge by Mr. and Mrs. Hurt, we decided to contribute
immediately. We hope our example will urge others to do the same."
No county tax dollars are budgeted for the shelter. Municipalities
support the shelter's annual operating budget. Some donated equipment
and time to clean the site for the new shelter.
###
08-21-10 -- PA Dept. of Ag Allowed to Gut Dog Law
By: Laura Allen, Animal Law Coalition
The Pennsylvania Independent Regulatory Review Commission (IRRC) has
approved regulations offered by the Dept. of Agriculture and its Bureau
of Dog Law Enforcement that gut the ban on wire flooring for breeding
dogs held in Class C commercial kennels.
This despite nearly universal opposition to the regulations during the public hearing held by IRRC on August 19.
One of the notable accomplishments of the 2008 Dog Law was the
unequivocal requirement that Class C commercial kennels cannot use
"metal strand whether or not it is coated" for flooring and even
slatted flooring can have spaces no more than 1/2 inch between them and
slats must be at least 3.5 inches wide and "run the length or the width
of the floor, but not both."
In June, 2010, the Pennsylvania Canine Health Board unanimously
rejected a proposal to allow Class C commercial dog kennels to use wire
flooring or "hog flooring". The Board also rejected use of plastic
flooring that has "paw-and-claw-grabbing" holes. 3 P.S. Sec.
459-207(i)(3).
Despite the law and overwhelming opposition, Gov. Ed Rendell's Dept. of
Agriculture and its Bureau of Dog Law Enforcement have managed to push
through regulations that allow nursing mothers in Class C kennels to
live in kennels with 50% wire flooring. In fact, the plan, according to
Jessie Smith, Deputy Secretary for the Bureau, is to allow dogs about
to give birth also to live in kennels with 50% wire flooring.
For more on the plan by the Dept. of Agriculture and Bureau of Dog Law
Enforcement to allow nursing mothers and mothers about to give birth in
Class C commercial kennels to live on wire flooring click HERE
The Pennsylvania United Against Puppy Mills
(UAPM) working with Animal Law Coalition presented this statement to
IRRC, "It is clear from reading the Dog Law provisions for Class C
kennels in particular, that in prohibiting wire flooring altogether,
the legislature was well aware there would be nursing mothers in the
kennels. And, after all, that is the purpose of commercial breeding
kennels, i.e., to house dogs that are pregnant or nursing. The
legislature did not create any exception that would allow part of the
flooring in kennels occupied by nursing mothers to be wire. That is
something completely made up by the authors of these regulations in
direct violation of the law.
"The excuse offered for violating the law is that the wire flooring
will facilitate cleanliness. First, the law already provides for the
option of slatted flooring and also requires the floor, whether solid
or slatted, to allow drainage of fluids. Sec. 459-207(i)(3). There are
extensive requirements for regular cleaning as well. All of these
issues were considered by the legislature and the law passed prohibits
wire flooring and also provides requirements to facilitate cleanliness.
It is not for the Dept or Bureau to rewrite this carefully considered
scheme."
UAPM also presented evidence that regardless nursing dogs clean up after their puppies.
Jenny Stephens, director of North Penn Puppy Mill Watch,
told IRRC, "No wire means no wire." Stephens told the Commission "there
are currently in excess of 12,000 dogs housed in these large scale
breeding facilities that operate as for profit businesses.
"The flooring regulation, as drafted by the Bureau, presents a serious
enforcement issue. Larger kennels housing 3, 4 and even in excess
of 500 dogs, already present a sober challenge to the dogs wardens
charged with ensuring compliance with the Dog Law.
"On any given inspection, wardens will have no way of knowing how long
any particular female has been on wire or how old any specific litter
of puppies may be.
"Additionally, wardens will have no way of knowing whether or not a dog
confined to a cage with wire flooring has or has not had an opportunity
to exercise that day."
Significantly, Stephens told the Commission about a July 20, 2010
kennel inspection report where despite the law, the dog warden
approved, even recommended the use of wire flooring in a Class C
commercial kennel.
She explained, "While wire flooring is currently banned in
Pennsylvania's commercial kennels, we found the following comment
during our audit that was entered by a dog warden on an inspection
report dated July 20, 2010:
'The metal strand
flooring shall not allow the feet of a dog to pass through the openings
in the flooring. It was suggested to the kennel owner to lay
another panel of metal strand flooring on top of the current flooring
so that the strands overlap and decrease the size of the holes.
The kennel owner could replace the current metal strand flooring with
slatted flooring or metal strand flooring that has smaller holes.
Or the kennel owner could lay Dri-Dek mats on top of the flooring.'"
Stephens pointed out, "There is NO indication in this report that the
dogs referred to by this warden are pregnant or nursing mothers or
puppies under the age of 12 weeks."
Steven Hoover, Director, Western PA Chapter, League of Humane Voters,
told IRRC, "Wire flooring, or hog flooring as it is commonly known, is
made for animals with cloven hooves. I have yet to see any dog that has
cloven hooves.
"The wire flooring causes extensive, painful, and unnecessary damage to
the soft pads on their feet. This is why it was prohibited in [the 2008
Dog Law].... If the breeders are too lazy or incompetent to keep the
enclosures in a sanitary manner, on solid flooring as the law states,
they have no business being a breeder in the first place; just as the
Dept. of Agriculture has no business pimping the unscrupulous designs
of the breeders."
Hoover also described "the obvious alliance between the breeders and
Sue West, [Director of the Bureau of Dog Law Enforcement], Jessie
Smith, and the Dept of Ag. which has direct bearing on this hearing.
The real issue is the Dept. of Ag. breaking the law on behalf of the
breeders."
He explained, "I have personally witnessed their coalition and
disregard for the laws as stated in [the 2008 Dog Law]. On July 8th,
there was an open conference call hosted by puppy mill lobbyist Michael
Glass about the new proposed regulations. Jessie Smith was the guest
speaker.
"I questioned Ms. Smith about the 81 waivers and exemptions which have
been handed out to breeders like candy at Halloween, even though the
breeders have had three years to comply with the law. I asked that in
order to receive a waiver, do I need to submit a detailed report of why
I need an exemption after all this time, proposed efforts to comply,
and also what I have done to comply with the law since 2008? The answer
Ms. Smith gave me was no - just that I should state I have to undergo
'major reconstruction'.
"So breeders are given the right to break the law by Jessie Smith, Sue
West, and the Dept. of Ag. with no justification whatsoever for
doing so. At the conclusion of the call, Michael Glass labeled those
who want the law to be complied with as 'extremists'."
Indeed, several in attendance at the August 19 IRRC hearing, described
that the "fix was in" before the hearing and IRRC simply rubber stamped
a decision made earlier by the Bureau of Dog Law Enforcement to appease
commercial breeders.
Hoover concluded, "The real issue of this hearing is the law and the
fact that the Dep't of Agriculture has no authority to rewrite
it".
The new regulations also omit mention of the statutory requirement that
dogs held in Class C commercial kennels have "unfettered access" to an
exercise area. It appears the Bureau intends to proceed with its plan
to deny this as well to nursing mothers and mothers about to give birth.
UAPM working with Animal Law Coalition presented the IRRC with
alternative regulations that would comply with the 2008 Dog Law. (The
proposed alternative regulations are attached below for downloading.)
There was no response from the IRRC to this or any other argument or
alternative put forth by opponents of the regulations. As one attendee
described, "It was as if the IRRC simply waited for everyone to finish
talking and then, as planned, approved the regulations."
Prior to the IRRC hearing, Bill Smith, founder of Main Line Animal Rescue
(MLAR), circulated to Jessie Smith the video below of a puppy mill dog
rescued by MLAR. Bill Smith said the dog "had a broken hip when she
came to us. And broken teeth. After a year of extensive
rehabilitation (very timid) and surgery and water therapy, she found
the best home. A great home! And she's no longer forced to
stand on 50% wire flooring in some dilapidated hutch! Trapped in
some hot barn without access to fresh air and an outdoor run!
This is what's it all about folks - dogs being dogs with a little joy
in their lives". View the video: Click HERE
Why is it so difficult for Gov. Rendell and the Bureau of Dog Law Enforcement to understand that?
WHAT'S NEXT?
Pennsylvania Attorney General and gubernatorial candidate Tom Corbett
must now review and decide whether to approve the regulations.
###
08-20-10 -- Panel Approves Controversial Pennsylvania Dog Law
By Chris Togneri, Pittsburgh Tribune Review
HARRISBURG -- Secretary of Agriculture Russell Redding called it "a great day for dogs."
But few others agreed.
The state Independent Regulatory Review Commission yesterday approved
Pennsylvania's controversial dog law, aimed at improving the lives of
breeding dogs in the state's 111 commercial kennels.
The 3-1 vote occurred after more than four hours of testimony, which
featured rare agreement between animal rights activists and breeders.
The groups usually are at odds, but yesterday they urged the commission
to reject the law and send it back to the Department of Agriculture for
further revision.
Activists argued that recent amendments to the law betray its original intent.
"The people of Pennsylvania and the Legislature worked very hard for
the passage of sweeping reforms," said Bill Smith, who runs the Main
Line Animal Rescue in Chester County. "We all expected breeding dogs
... to be free of confinement in tiny wire-floor cages."
At issue are regulations concerning flooring.
When the law was adopted in 2008, the goal was to ban wire flooring,
which can trap dogs' paws and lead to splaying. But a July 14 amendment
allows pregnant and nursing dogs to be housed in pens with 50 percent
solid flooring and 50 percent wire flooring.
Redding said the amendment was needed because the original law was unclear.
The law banned wire flooring for dogs older than 12 weeks, but not for
puppies. And because puppies are required to stay with their mother
while nursing, breeders were confused, Redding said.
"There was a conflict in the law, and we tried to find a solution," he said.
The law now goes to the
Attorney General's Office for a legal review, officials said. The new
regulations take effect July 1, 2011.
Smith and others promised to sue the department in hopes of attaining a
complete ban on wire floors. They also want adult dogs to have
unfettered access to outdoor exercise areas, which is not part of the
law.
Breeders and their supporters, meanwhile, lined up to oppose the law, albeit for different reasons.
The dog law is an example of "overregulation," breeders said, arguing
that upgrades to install ventilation and cooling systems are too
expensive and designed to run them out of business.
At the beginning of last year, the state had more than 300 commercial dog kennels. Today, there are 111.
"My family was involved in the kennel business for over 20 years," said
Nathan Myer. "Now I'm a former kennel owner, one of the 60, 70, 80
percent of kennels that have ended their business. ... If these are the
regulations, the cost will far exceed the ability to make any money,
and I believe that was the intent."
Other breeders testified that requiring owners to install 24-hour
monitors in their kennels -- to ensure they are adhering to strict air
standards ---- is an invasion of privacy, and casts breeders in a
negative light.
"It smacks of us being criminals who need round the clock monitoring,"
said Marlene Lippert, a member of the state Dog Advisory Board, who
said she has raised Boston terriers for 30 years.
John Simms, a veterinarian from Shippensburg, said he worried that
"overzealous regulations" will force breeders to shut down and sell off
their dogs at auction in states with weaker regulations.
"We may feel good that we have seemingly achieved our welfare goals,
but the dog being sold at the out-of-state auction is wondering why we
let her down," Simms said.
The law doubles the minimum cage space for breeding dogs; requires that
water be available at all times; creates strict provisions protecting
dogs from extreme heat and cold; bars the practice of keeping dogs in
stacked cages; and establishes that only a veterinarian can euthanize a
dog, among other regulations.
"Finally we have clarity," Redding said after the hearing. "And most
importantly, the quality of life for dogs in our commercial kennels is
much improved."
###
08-19-10 -- Pennsylvania's Dog Law Threatened by Puppy Provision
By: Amy Worden, Philadelphia Inquirer
HARRISBURG - In 2008, Gov. Rendell signed the state's new dog law,
proclaiming it the toughest in the country governing commercial
breeding kennels, which sell thousands of puppies to pet shops each
year.
Now a standoff between the Rendell administration and animal welfare
advocates over the use of wire flooring in cages is threatening final
approval of the law's regulations for the 100 commercial kennels that
remain in Pennsylvania.
The Independent Regulatory Review Commission will hear public testimony
Thursday before approving or rejecting the law's 873 pages on
conditions in commercial kennels.
Rendell administration officials will be defending what they call "a
gap" in the law involving cage flooring. The law requires adult dogs to
have solid flooring in cages, but allows puppies under 12 weeks to
stand on wire flooring.
That means adults bred
twice a year could end up living on wire through pregnancy and nursing
for up to six or eight months a year, which opponents argue violates
the spirit and letter of the law.
Chief among the law's
provisions was the "elimination" of wire flooring, used in the oversize
rabbit hutches popular in most kennels because they are easier to
clean. Wire is blamed for painful paw abrasions, cysts and splayed feet
on animals that spend years in such cages.
The prospect of dogs'
continuing to spend even part of their lives in cages without solid
flooring is unacceptable to the legislation's lead sponsor.
"The administration is
circumventing the intent of the dog law," said Rep. James E. Casorio
(D., Westmoreland). "I don't understand why they would try to harm the
very animals it was supposed to protect."
Administration officials acknowledge recently discovering a "gray" area
in the law and have sought to address it by requiring 50 percent of the
nursing mothers' cages to have solid flooring.
"I don't think there's a controversy," Rendell said in a recent
interview. "I'd never let dogs stand on wire day after day after day.
They will find their way to the wood floor."
Rendell's rescued dog, Maggie, was pulled from a wire-floored rabbit hutch in 2008.
Karen Overall, a member of the governor's Canine Health Board, which
was charged with drafting and approving the regulations, called the
administration's revised proposal "deplorable," arguing that wire for
any dog under any circumstances leads to long-term physical and
behavioral problems.
Marsha Perelman, a member of the Dog Law Advisory Board, said that if
the regulations in their entirety were voted down, including those
governing temperature extremes, dogs in breeding kennels would continue
to be at risk of life-threatening conditions.
The number of commercial kennels, defined as those selling or
transferring more than 60 dogs or selling any dogs to pet stores, has
fallen from 300 to just over 100 since the law took effect in 2009.
The lobbyist for the Pennsylvania Professional Dog Breeders Association did not respond to several requests for comment.
###
08-17-10 -- Well-Known Dog Breeders Appear in Court
They're charged with animal cruelty at kennel in Lynn Township.
By: Manuel Gamiz, Jr., The Morning Call
For more than six hours Tuesday, a Lehigh County district judge heard
testimony about fur, feces and urine in an animal cruelty case against
well-known dog breeders and American Kennel Club judges Miriam "Mimi"
Winkler and James R. Deppen, who ran a kennel in Lynn Township.
After hearing testimony from three veterinarians, a state dog warden
and an owner of one of Winkler's championship show dogs, District Judge
Rod Beck ordered the case to resume on an unannounced date.
State Dog Warden Orlando Aguirre testified for more than three hours at
Beck's Slatington courtroom, where about 20 people attended the summary
trial, mostly supporters of Winkler and Deppen.
Aguirre talked about visits to the Judges Choice of Ironwood Kennels,
8383 Allemaengel Road, where he says Winkler and Deppen kept 18 bichons
frises with heavily matted coats, a border collie that was extremely
malnourished and dehydrated and three Neapolitan mastiffs that needed
urgent veterinary care.
Aguirre said he and two other dog wardens went to the kennel on April
27 for an unannounced inspection and discovered the bichons frises with
heavily matted hair and living in unsanitary conditions, which he
detailed through a series of photos he presented as evidence. He said
Winkler gave up the dogs, which she had recently received from other
shelters. Aguirre testified she later admitted they were not rescued
dogs.
Dr. Alysia Deaven of Jonestown, Lebanon County, testified the heavily
matted hair — a combination of tangled hair, dirt, feces and urine —
would have taken "at least a year" to get that way. "Of the thousand
dogs I have seen, these were the worst matted dogs I have seen," she
said.
Aguirre said he came back to the kennel on April 28, gave a
cease-and-desist order to Winkler and Deppen, and Winkler gave up a
sick border collie.
Dr. Korin Mediate of Schuylkill Haven, Schuylkill County, testified the
collie was so emaciated, "it is a surprise the body was functioning."
Aguirre said he and the other dog wardens returned on June 4, but
neither owner was there. Without a warrant, he entered the kennel and
found three Neapolitan mastiffs that needed veterinary care and posted
a veterinary-care order at the property. He said he called Winkler to
make sure she knew and returned four days later to find one of the
mastiffs was dead and left in a wheelbarrow outside the kennel. He
testified Winkler tried to pin the dog's death on him.
Dr. Charles Westfield, a defense witness, said he has treated 10 to 15
of Winkler and Deppen's dogs. He said the mastiff that died was 7 1/2
years old, considered old for a mastiff, and that Winkler said she was
allowing the dog to live out its life. Westfield testified none of the
dogs appeared to have been abused or neglected and only one animal
appeared to need immediate veterinary care.
Attorney Patrick Reilly, who represents the kennel owners, accused
Aguirre of making sexual advances toward Winkler, but Beck cut him off,
saying that wasn't what the hearing was about.
Winkler, 71, and Deppen, 46, both of New Tripoli, each is charged with
22 counts of animal cruelty and one count of conspiracy. They are
filing papers in Harrisburg to close the kennel.
Note From NPPMWatch
View Inspection Reports: 2010 - Click HERE 2009 - Click HERE
###
08-15-10 -- Is Someone Poisoning City's Feral Cats?
Stray cats were welcome in a northside neighborhood until recently, when they began dying off.
By: John Latimer, Lebanon Daily News
Some residents in Lebanon's 400 block of East Weidman Street are upset
that as many as 20 stray cats that roamed the neighborhood died
suddenly several weeks ago.
And while one resident believes another poisoned the animals, a police
officer with the Humane Society said the answer likely is far less
sinister.
The invasion of the cats in this neighborhood of row homes just north
of the Norfolk Southern Railroad tracks began a couple of years ago
when a resident moved out and left behind a cat named Mittens,
according to one of several residents who fed the felines and
considered them outdoor pets.
"Mittens is a big old cat who gets in fights, and he just took over the
neighborhood. They all started from him," said Robin Gerstner, who
lives in the neighborhood with her husband, Ed.
Gerstner, 45, said she began putting out bowls of fresh water, milk and
food for the cats, which eventually began to trust her and consider the
area home. For the past several years, stray cats have been welcome
mascots in the neighborhood, she said, with many living in a garage
across the street and others living behind Gerstner's house or under
her porch.
The neighbors didn't mind, she insisted. But at the end of July something strange began occurring to the cats.
"It happened about three weeks ago," Gerstner said, her eyes misting.
"They just started showing up all tired and listless, and gasping for
air. They wouldn't drink or eat anything. And then they started to die.
There was even one that was about to have a litter. I buried three in
my backyard."
Gerstner suspects that new residents in the neighborhood poisoned the
cats with rat poison or anti-freeze, but she has no proof. The only
potential supporting evidence is a message cursing the cats written in
black marker on the garage where the cats lived, behind the new
residents' rented home.
Gerstner is not alone in her suspicions. Lucy Clair lives in a home
next to the garage where the cats lived. She also fed them and enjoyed
watching them lounge in her yard before they suddenly disappeared.
"I had two who I saw sunning in my backyard one day," she said. "Then
the next day they were just lying there dead. I saw three or four dead
in the alley. This has got to stop."
Now it's down to two male cats -- White Shoes and Kitten -- who still
hang around Gerstner's porch. Both came running when she sat on the
stoop.
"This is just awful," she said, stroking the cats as they wound their
way through her legs. "My husband and I are just devastated."
Gerstner called the Humane Society of Lebanon County to investigate,
and Ian Baird, a police officer with the society, responded. What he
found, he said, tells a different story.
Baird said he spoke with the family Gerstner suspects, but "obviously
this is still an ongoing investigation, so names I cannot disclose."
The family does not have access to the garage, Baird said, so they likely did not poison the cats.
However, he said, he spoke with the garage's owner, whose name he also
would not disclose, and the owner told him he has been poisoning rats.
Baird said he believes the cats either ate the poison or the poisoned
rats. Neither suspicion can be confirmed without a newly dead cat to
test.
In the meantime, Baird said, the garage owner has agreed to fix the hole in the garage that granted the cats access.
###
08-13-10 -- Derbe Eckhart Denied Probation
Ex-kennel owner has served 3 months of 6-23 month sentence for animal cruelty.
By: Kevin Amerman, The Morning Call
A Lehigh County judge has decided not to throw former kennel owner
Derbe "Skip" Eckhart a bone, ruling Eckhart should remain caged on
animal cruelty charges.
Eckhart, 42, on Monday petitioned Judge Robert L. Steinberg to
reconsider his six-to-23-month prison sentence that began in May, even
though Eckhart has admitted assaulting a prison guard days after
reporting to Lehigh County Prison.
Eckhart's attorney, Jeffery Conrad of Lancaster, argued that the
sentence is "excessive" and said probation is more appropriate,
especially because the animal cruelty charges aren't "violent crimes."
Conrad said probation or house arrest "would best serve the interests
of justice" and allow Eckhart to seek counseling and employment so he
could "continue to contribute to society."
In the alternative, Conrad asked Steinberg to set bail for Eckhart so
he can remain free until the state's Superior Court rules on an appeal
of the conviction. Eckhart has served less than three months.
Steinberg denied both motions this week without elaborating through written opinions.
Conrad couldn't be reached for comment Thursday.
Now that Steinberg has ruled on the post-sentence motions, originally
filed May 28, Eckhart can appeal his conviction to Superior Court.
Eckhart entered prison May 18. A jury in March found him guilty of two
counts of animal cruelty and three counts of violating a
cease-and-desist order that barred him from taking new dogs into his
Almost Heaven Kennel in Upper Milford Township.
Eckhart pleaded guilty to simple assault last month, admitting he
punched corrections officer Darrel Massini in the stomach May 22, four
days into his sentence. But Eckhart insisted he doesn't recall the
incident because he was detoxing from Fentanyl, Xanax and Percocet,
which he says were prescribed to him.
Conrad said Monday Eckhart has been a "model prisoner" since the assault.
Judge James T. Anthony sentenced Eckhart to two years' probation for
the assault, meaning Eckhart will serve a total of 61/2 years of
probation after he's released.
Steinberg said the assault could delay Eckhart's parole.
###
08-12-10 -- Dog Found Abandoned in Coolbaugh, Info Sought
By: The Pocono Record
Pocono Mountain Regional Police are looking for the person who chained
a black female pit bull to a pole and left her without food or water.
The dog was found Sunday in the area of Route 196 and Thornapple Lane,
south of A Pocono Country Place, in Coolbaugh Township. Now named
“Ellie,” she is being cared for by the Pocono Humane Society.
“She's a good, well-trained dog,” Cory Davis of the Humane Society said
Thursday. “Someone obviously had been taking good care of her and then,
I don't know what happened, she was just found abandoned. It's a crime
that happens far too often in our area.”
Anyone with information about the person who chained Ellie to the pole
is asked to contact Police Officer Jim Apgar at (570) 895-2400. The
Pocono Humane Society can be reached at (570) 606-3647 or by visiting
www.PoconoHumane.org.
###
08-12-10 -- Times Driver’s Trainee Escapes Euthanization
By: Paul Luce, Delco Times
Daily Times driver Nick Greto’s furry stowaway dodged a bullet Wednesday — or in this case, a syringe — when Main Line Animal Rescue came to the aid of a dog that jumped into his delivery truck last week.
Nicknamed “Marge” by Delaware County SPCA employees, the 5- to
6-year-old female pit bull terrier planted herself in the back of a
Daily Times truck as longtime driver Nick Greto was making a stop at
B&S Deli and Sunoco on Route 291 Aug. 4.
Animal Control Officer Dave Schlott rescued the dog, who managed to get
herself stuck in wires under the truck’s steering column. He brought
her to the SPCA, where she was examined by a vet and vaccinated.
However, after several days of behavioral analysis, Marge’s prospects
at being adopted were not good. She was being medicated for pain
stemming from her hind legs, which seemed to be deformed in some way,
possibly from being hit by a car.
Marge also had drastic behavioral issues, and became very aggressive when touched by a human.
“It’s hard to imagine a dog with such aggression issues living inside
someone’s home. I assume she was either an outside dog or kept away,
possibly in a basement,” said Dayna Villa, SPCA director of operations
and certified dog trainer.
Several individuals expressed interest in adopting Marge, including a
woman who claimed to be her owner, Calgiano stated. The alleged owner
never followed up with the shelter.
With the SPCA overloading its 280 animal capacity by about 40 animals
daily, and several area rescue shelters contacted the SPCA saying they
were too full to take her, Calgiano said the dog would have been
euthanized — that is, until Main Line Animal Rescue called and said they had room for the dog.
“It’s a wonderful partnership,” Calgiano said of the shelter’s relationship with Main Line Animal Rescue.
An animal with a socialization level as low as Marge’s would need near constant attention, Calgiano said.
“They can give undivided attention to animals like Marge for as long as it takes,” she said.
A call placed to Main Line Animal Rescue Wednesday evening was not returned by press time.
###
08-10-10 -- Former Kennel Owner Asks for Release from Jail
By: Kevin Amerman, Morning Call
Former kennel owner Derbe "Skip" Eckhart asked a Lehigh County judge
Monday to release him from jail despite the fact he's only in his
fourth month of a six-to-23-month sentence and assaulted a prison guard
just days after entering the slammer.
Eckhart's attorney, Jeffery Conrad of Lancaster, says his client's
sentence was too harsh and a probationary sentence would have been more
appropriate for the animal cruelty charges Eckhart was convicted of.
Conrad said the sentence was at the high end of state guidelines.
"We just felt because it wasn't a crime of violence, probation was appropriate," Conrad said.
If that fails, Conrad is asking Judge Robert L. Steinberg to set bail
for Eckhart so he can remain free until the state's Superior Court
rules on an appeal of the conviction.
Conrad said Eckhart, 42, isn't a flight risk because his family and loved ones remain in the area.
Following a brief hearing Monday, Steinberg said he'd rule on the
motions at a later date. After he issues an order, Conrad will be
permitted to file his appeal to Superior Court.
Senior Deputy District Attorney Heather Gallagher opposed the motions.
Eckhart entered Lehigh County Prison on May 18. A jury in March found
him guilty of two counts of animal cruelty and three counts of
violating a cease-and-desist order that barred him from taking new dogs
into his Almost Heaven Kennel in Upper Milford Township.
Eckhart pleaded guilty to simple assault last month, admitting he
punched corrections officer Darrel Massini in the stomach on May 22,
just four days into his sentence. But Eckhart insisted he doesn't
recall the incident because he was detoxing from Fentanyl, Xanax and
Percocet, which he says were all prescribed to him.
"He's been a model prisoner ever since," Conrad said. "He just acted out because of the medications."
Judge James T. Anthony sentenced Eckhart to two years' probation for
the assault, meaning Eckhart will serve a total of 6 1/2 years of
probation after he's released from jail.
###
08-07-10 -- Who Let the Dogs Down
PennLive Guest Editorial By Nancy Gardner
Hidden in dark barns on pristine farms in our state are thousands of
dogs being bred to death for profit. These dogs spend their lives in
small cages, standing on wire flooring that cuts their feet, never
seeing the light of day.
When Gov. Rendell announced his initiative of ending this terrible
abuse of companion animals in 2006, I was honored to be appointed to
his revamped Dog Law Advisory Board as the representative for nonprofit
shelters.
Members of this new board worked relentlessly to help craft House Bill
2525 (known as the “Dog Law”), which would end the cruelty of
wire flooring and bring the breeding dogs of Pennsylvania into the
light of day.
We celebrated the passage of HB 2525 into law in 2008. We felt we had achieved a major victory for the dogs in Pennsylvania.
Here we are two years later, and we find that we were badly misled.
Who let the dogs down? Apparently the same people Gov. Rendell appointed to help them.
On July 14, Secretary of Agriculture Russell Redding issued a policy
statement that reverses a major requirement of the Dog Law, namely the
requirement for unfettered access to outdoor exercise.
On the same day, Redding reversed another requirement, the ban on
housing adult dogs on wire. He accomplished this by withdrawing the
previously submitted Canine Health Board regulations, inserting an
exemption from solid flooring for pregnant and nursing mothers, and
resubmitting the regulations.
The reasons given are that puppies need wire flooring for sanitation, and outdoor access poses a danger to puppies.
All the hard work toward the passage of a new law to guarantee puppy
mill breeding dogs a solid surface to stand on and access to outdoor
exercise — a law designed specifically to benefit the mothers who live
their entire lives in commercial kennels — was undone by a policy
written with utter disregard for the law.
Did the Department of Agriculture think we weren’t paying attention anymore, so this could quietly slide by?
When HB 2525 was in its formative stages, commercial breeders’
lobbyists assured these breeders they could block the legislation. When
the bill passed the House and Senate, largely due to the demands of
Pennsylvania voters, breeders were stunned.
Their lawyers immediately sued the state. Some breeders assumed the
suit would succeed, so they made no changes in their structures (or the
way they treated their dogs) to get ready for the October 2009
enforcement. When the lawsuit was unsuccessful, many rushed to apply
for waivers from the new law.
The Bureau of Dog Law Enforcement granted 81 waivers allowing kennels
that mass produce dogs anywhere from one to three more years to come
into compliance. (The average life span of a breeding dog in a puppy
mill is six years, so for most of the dogs suffering in these hellholes
no relief would ever come.)
But the worst was yet to come. It arrived as a “legal interpretation” by bureaucrats.
Anyone who knows anything about breeding dogs knows that the mother
cleans up after her puppies for the first few weeks of their lives.
Anyone who knows anything about the intent of the law we worked so
passionately to pass knows it was to put dogs that spend their entire
lives in commercial kennels on solid flooring.
At the June Dog Law Advisory Board meeting, a representative for some
breeders actually thanked the Bureau of Dog Law Enforcement for
accommodating them, which is not surprising since it seems they are
working for his clients.
I am frankly outraged. People appointed to work for the welfare of dogs
in Pennsylvania are instead pandering to the greed of breeders who
still can’t believe they will have to change the way they do business.
This is bureaucracy at its very worst.
The House and Senate Agricultural and Rural Affairs Committees have 20
days to act. If they don’t, the Independent Regulatory Review
Commission will vote on Aug. 19, after which the regulations will go to
the attorney general for review. Once published in the Pennsylvania
Bulletin, the regulations will be final.
If we as voters do nothing, female dogs will be on wire in Pennsylvania
just as they have been for decades since some farmers decided dogs
would be a good cash crop.
We are not asking for a debate about wire flooring, access to exercise,
or any other issue found in the July 14 policy statement. That fight
was won two years ago when the law was passed. We want the law to be
enforced, period.
Dogs are still in dark barns, still standing on wire, still with no hope of a better life.
Nancy Gardner of Chambersburg is a member of the Pennsylvania Dog Law Advisory Board.
###
08-05-10 -- Animal Hoarding Taxing Resources at Local Shelters
By: Tony DiDomizio, The Reporter
In May, Linda Muchnick,
of Towamencin, was found not guilty by reason of insanity of multiple
counts of animal cruelty and attempted cruelty. In August 2009,
Muchnick poisoned 12 of 29 cats in her home and attempted to poison
herself inside her East Bishopwood Boulevard home. She is now fighting
in court to have the remaining felines returned to her.
In June of this year,
authorities found 37 dead cats inside the home of Patricia Wiehler, of
Whitpain. The cats died from starvation; most of them resorted to
cannibalism to stay alive. Wiehler faces potential prison time on 37
counts of animal cruelty.
Recently, 59 cats and
kittens and 18 roosters and chickens were seized from two homes owned
by an elderly couple from Lower Providence.
In all of these cases, the causes are related to a local and national problem — animal hoarding.
"We've had our fair
share of it in the last couple of years," said Montgomery County SPCA
Executive Director Carmen Ronio, "but this year in particular we have
been hit hard by the number of animals we either had to have
involuntarily sur
rendered to us by seizing or voluntarily surrendered to us."
Ronio called animal hoarding "an illness."
"People hoard everything
from newspapers to animals. They live in filthy conditions and the
animals often times suffer greatly from the lack of medical attention
and vet care and unsanitary conditions," he said.
Those who hoard, he said, think they are doing the right thing by taking in animals.
"They view Humane Societies or the SPCA as an end, that the animal's life will be taken," he said.
That's not the case
today, Ronio said. The adoption rate for dogs is at 97 percent; the
adoption rate for cats is at 73 percent. There is a lower number for
cats due to the amount of feral cats received from outlying local
municipalities that may be trapping them and are not adoptable in most
cases.
"They start out with one
or two and then it gets out of hand," he said. "One individual cannot,
under any circumstances, give the attention an animal needs when they
start creeping into the numbers of 10, 20 in the home."
Jane Nathanson is a
private practice counselor and consultant who has been specializing in
animal hoarding since 1999. She sits on the Hoarding of Animals
Research Consortium at Tufts University in Massachusetts.
Why people hoard, she
said, is not simply answered. The consortium has developed a typology
of animal hoarders that have various contributing factors of mental
health or social background that are different and there are approaches
for different types of animal hoarders.
Hoarding, she said, is
not a matter of numbers; it's a matter of condition of those numbers.
One may be satisfactorily taking care of what would be above average of
the numbers one would have for animals. In addition, something of a
physical, mental health or financial crisis may have occurred and that
tips the balance of having the capacity to care for animals taken in
and not provide for them.
"Many times, not
pervasively, there is often a history of early childhood neglect, abuse
or inconsistent parenting," Nathanson said. "A child comes out of that
experience perhaps very untrusting of others because the primary
caregivers are really the basis upon which you may form attachments."
Some children may have
grown up with an animal that was there in the midst of a chaotic
situation and they sought refuge with the nuturance and comfort of the
animal.
"An animal is not going
to abandon them or leave them. It is very controlled in the sense of
the key needs they are striving to fulfill," she said. "When one
becomes exclusively dependent on a hoard of animals to provide meaning
or sense of control, there's good potential for problematic conditions
to develop."
Then there is the thought, as Ronio said, that only they can rescue the animal and do the right thing.
"They claim that any
life is better than no life," Nathanson said. "That's something that is
often having them continue to bring in animals and feel that they will
provide for them one way or another."
In 2002, a Hatfield
woman named Janet Jones was found guilty of 105 counts of animal
cruelty after a tip led Montgomery County SPCA authorities to her
Overbrook Road home where they seized 96 cats‚ nine dogs‚ six mice‚ a
rat and a turtle. Dead animals were discovered stored in plastic bags
in Jones' freezer and refrigerator. The carcass of another animal was
discovered under an entertainment center. Many of the felines were
suffering from FIV - a feline version of HIV - and feline leukemia.
Jones' appeals to
Pennsylvania superior and supreme courts were denied. To this day, she
still owes $45,600 in restitution to the Montgomery County SPCA.
Ronio said hoarders must stop viewing the SPCA as the enemy. They are there to help them and the animals.
Depending on the degree
of animal cruelty, violators can get jail time and up to $750 fine per
citation. The law allows the SPCA to seek restitution in cases where
they have to hold animals for long periods of time.
"Our shelter can absorb $200,000 to $300,000 a year," Ronio said.
Ronio recommended
friends, neighbors or family members let them know of any hoarding
situations or ask them to help in removing animals so their population
can come under control.
"This year alone, there were over 150 animals seized or relinquished to us," he said.
Nathanson urged friends,
neighbors or family to take this into consideration when approaching a
hoarder about their problem: convey concern for both animals and person
alike.
"Do not talk about the
animals as though they are objects to be gotten rid of. If one is
intervening and not acknowledging how important the animals are to the
person, you only alienate yourself from them," she said.
Nathanson said hoarders
can get out of their situation. Over the last 11 years at Nathanson's
Rehabilitation Counseling, & Consulting facility in Boston, the
lowest percentage of animal hoarding cases were self-referrals. The
highest percentages were from concerned family members and court cases
for animal cruelty.
"The courts now are more frequently imposing the sanction of mandated counseling," she said.
She said she
collaborates with someone in the hoarder's locality to work with them
to bring in the understanding of animal-human relationships.
"You can't just remove
animals, bring in industrial cleaners and call it a day and the person
is off and running," she said. "It's a challenging, complex behavior,
and it needs to be unraveled and attended to for the potential
components going on for that person."
Ronio said the problem
is not going away until family or friends intervene and people seek
medical attention or realize it's not a good way to live.
"Every day there's
another one. It seems like every time I turn around, officers are
telling me about another hoarder case," Ronio said. "I know we are
helping to eliminate the suffering, but I'd like to see the tip of the
iceberg now."
###
08-04-10 -- Montco Pet Seller Charged With Cruelty
By: Amy Worden, Philadelphia Inquirer
A Montgomery County pet
store owner has been charged with animal cruelty after humane officers
found puppies and small rodents suffering from heat stress in an un-
airconditioned flea market.
Kevin Zimmers, of
Boyertown, owner of Zimmers Pets, was charged with two counts of animal
cruelty after officers with the Montgomery County SPCA and state dog
wardens found five overheated puppies in a glass case and a number of
hamsters and rats in hot conditions at Zern's Flea Market in
Gilbertsville.
Zimmers was ordered to
take the puppies and the small mammals to a veterinarian. Montgomery
County SPCA humane police officer Christopher Langiotti said Zimmers
also did not provide the puppies, Border Collies and pit bulls, with
clean water.
No court date has been scheduled.
Zimmers is licensed to
operate a stand at the flea market - which is open on Fridays and
Saturdays - and at a second retail outlet in Boyertown, Berks County.
The kennel received a
clean report during an inspection this year, but it took place on a
Tuesday when the flea market was not open and no dogs were present. Sue
West, director of the Bureau of Dog Law Enforcement, said that future
inspections will take place when the store is open.
###
08-02-10 -- Bringing Awareness to the Plight of Chained Dogs
By: Laura Allen, Animal Law Coalition
Tamira Ci
Thayne, co-founder and
CEO of Dogs Deserve Better which
has pioneered anti-tethering laws for dogs, has now launched Operation
Fido's Freedom to convince Pennsylvania legislators to pass
anti-tethering legislation.
Thayne has chained herself in front of the
Capitol in Harrisburg.
Thayne says to
state legislators, "I'm here for the law for the chained dogs? You've
probably just been busy. I know how that goes, I've been busy too. But thing
is, here we are almost at the end of another legislative session, and the
dogs still have no law to protect them. It's not right. So
I've come to remind you. I'm here for their law.
"I intend
to stay awhile, and I'm hoping that, together, we can get this thing done. Time
is short, and they've suffered enough....We've waited six years for a law for
them. Many waited their entire lives for help that never came, and have now
turned to dust, having never known a kind word or the kiss of love.
"Maybe it
doesn't matter to you, but it matters to me, it matters to the majority of
Pennsylvania dog lovers, and most importantly, it matters to them.
"Have I
mentioned yet how the chained dogs are suffering? As they suffer, I have
decided to bring their suffering to you, because maybe you just have been too
busy to notice. I'm sure if you did notice it, did comprehend the pain of
living as they live day in and day out, you'd have taken the necessary action
to end it by now.
"As they
remain shackled to one grassless spot 24 hours each day, I will stay chained in
front of OUR Capitol (Yes, I believe the Capitol belongs to me too) for ten
hours Monday-Friday, 8 a.m.-6 p.m. As they go without food and water, so will I
fast each week from Monday through Friday. And as they are subjected to the
elements, so will I be drenched when it rains, wilt in the summer heat, and
shiver in the cold of approaching winter.
"So that
you may begin to really UNDERSTAND their suffering, I am bringing it to you.
Let's get this thing done. I'm here for their law".
PA
anti-tethering legislation
There have been 2
anti-tethering bills introduced during this session. H.B.
1254 was introduced first and remains pending in the House Judiciary
Committee. For
more on that bill......Another bill was introduced in July, 2010 and
remains pending in the Senate Agriculture and Rural Affairs Committee.
S.B.
1435 was introduced by Sen. Richard L. Alloway, II, and would
amend the state animal cruelty law, 18 Pa. Stat. Sec. 5511, to make it a
summary offense to "tether[] a dog outside and unattended to any
stationary object by use of a restraint between the hours of 10 p.m. and 6
a.m."
It would also be
illegal under S.B. 1435 to tether a dog outside in "temperature
below 32 degrees Farenheit or above 90 degrees Farenheit, or when a weather
advisory or warning has been issued". Tethered dogs must be provided shade
from the "direct rays" of the sun.
Any tether must
be at least "six feet long or at least five times the length of
the dog as measured from the tip of its nose to the base of its tail, whichever
is longer, and must allow the dog convenient and unfettered access to shelter
and food and water. The tether may not become wrapped around any appendage such
that it restricts the dog's movement."
Also, the tether
must be "placed or attached so that the dog cannot become
entangled with other objects and to allow the dog to roam the full range of the
tether. The tether must be of a type commonly used for the size of dog
involved. No tow chain may be used." The tether must be "attached
to the dog by means of a well-fitted collar or body harness that will not cause
trauma or injury to the dog. No choke, pinch, prong or other chain collar may
be used."
The bill, S.B.
1435, provides a "tethered dog must be free of open sores or wounds on
its body".
There are
exceptions that would allow anyone to tether a dog for up to 15
minutes as long as it does not create a nuisance or danger, and would also
permit tethering for sled dogs that receive regular
exercise, dogs at campsites or recreational areas, dogs that are "used
in the course of commercial agricultural production or is used for the
protection of commercial farm property, agricultural supplies or products"; and
dogs "actively participating in or attending an organized dog
show, field trial, agility event, herding contest or other similar exposition
or event, of a limited duration, that involves the judging or evaluation of
dogs."
Why
chaining/tethering of dogs should be banned or severely restricted
Chained
dogs tend to be neglected and can be dangerous, straining animal control
resources and endangering the community.
The American
Veterinary Medical Association (AVMA) and United States Dept of
Agriculture (USDA) also oppose chaining dogs.
The Center for
Disease Control has said chained dogs are 2.8 times more likely to bite adults.
Chained dogs are nearly 5 times more likely to bite children. The National
Canine Research Council reports that almost 30% of all fatal dog attacks
involve chained or penned dogs. The ASPCA reports 81% of fatal dog attacks
involve dogs that are isolated. Go here
for more information.
Nicholas
Dodman, DVM, Professor,
Tufts University, says, "Chaining dogs makes them more
aggressive. They are natural social animals and [chaining] induces
'isolation-induced aggression' and creates a 'junkyard' dog effect.
They basically go mad."
WHAT YOU CAN
DO
Pennsylvania
state legislators return from summer recess on Sept. 13, 2010. Find
Agriculture and Rural Affairs Committee members here. (Just click on their
names for contact info). Contact committee members and urge them to
support and pass S.B. 1435. If a committee member is your state senator, be
sure to let him or her know that. Find your state
senator here and urge him or her to support S.B. 1435 and limit chaining of
dogs.
Go here
to learn about the trend to ban unattended chaining or tethering. Contact
Animal Law Coalition for help in drafting and passing an anti-chaining law
in your state or community.
###
08-02-10 -- Man Pleads Guilty in Dog Neutering
By: Gil Smart, Lancaster Online
Bandit's story will have a happy ending.
The young husky discovered last month in Elizabethtown after a botched
attempt at neutering has been relinquished to Organization for
Responsible Care of Animals, which will find a home for the animal.
This, after his owner, David Lamar Martin, of Elizabethtown, was
charged with cruelty to animals, a summary offense to which he pleaded
guilty July 27, according to court documents.
Martin paid $187 in fines and fees. He also agreed to give up the dog.
Reached at his home Friday, Martin referred all comment to Lancaster
County Detective Joanne M. Resh, who filed the charges against him.
"You'll have to talk to her," said Martin. "I don't own no dog."
Resh said she could not comment, and referred calls to county District Attorney Craig Stedman.
State and newspaper records show Martin is the former operator of
Linden Valley Kennels in West Donegal Township. The kennel closed
voluntarily in 2009, according to Pennsylvania Department of
Agriculture records.
According to newspaper records, Martin ran afoul of West Donegal
Township officials in 2006, who didn't know he was running the kennel
in the 3000 block of Bossler Road. The kennel was licensed by the state
at the time. Martin subsequently received approval from the township
zoning hearing board to operate the kennel.
Bandit was originally picked up by ORCA after being found more than
three weeks ago with exposed testicular arteries and veins and no
scrotum from being banded for a neutering attempt.
Though ORCA had begun to investigate, the DA's office took control of
the case: The charges were filed against Martin by county Detective
Resh.
"In essence," said Stedman in an e-mail, Martin "tried to neuter the
dog — an infection set in which was not properly treated until we got
it to the Humane League" of Lancaster County, where veterinarian Dr.
Bryan Langlois cleaned and bandaged the dog's wounds before returning
it to ORCA's care.
Dr. Mark Huber, who subsequently operated on Bandit, said the dog had
been banded for home castration and was in severe pain. Kondravy said
the surgery "was more extensive than we thought it would be.
"We were lucky the infection hadn't spread — but the dog is going to be fine."
District Attorney Stedman, in his e-mail, said Martin "was very
cooperative with the detectives, pleaded guilty and voluntarily signed
the dog over. We could not find any similar case to this one in
Pennsylvania."
Kondravy said news of the case sparked an outpouring of support. "We
had all these people call in," she said. "People will stop me and ask
what's happening with the case."
ORCA and the Humane League of Lancaster County funded Bandit's medical
care. But Kondravy said some donations have helped cover the bills.
An ORCA worker will keep the dog for the next week or so to gauge how
socialized and ready for adoption it is. After that, "we have a whole
list of people interested in adopting him."
###
07-29-10 -- "Drop Box" Kitten Loses Fight for Life
By: Amy Worden, Philadelphia Inquirer
The six-week-old striped kitten abandoned in a drop library box in
Cheltenham almost a week ago, died Wednesday night at the Montgomery
County SPCA.
"I am very down as well as our entire staff.. we did our very best. We
were hopeful for a happy ending, but the cards were stacked against
him," Carmen Ronio told my Inquirer colleague Bonnie Cook.
The 15-ounce cat, which the shelter staff had named Hemingway, had come
to the Conshohocken shelter suffering from severe dehydration, diarrhea
and a respiratory infection.
Ronio had said early on that he wasn't sure the cat would survive, but
it rallied briefly on Wednesday morning from treatment including fluids
and antibiotics.
Inquirer Photo/Sharon Gekoski-Kimmel
The cat was shoved into the library drop box at the La Mott Community
Center last Thursday and discovered by a maintenance worker early
Friday. During the time the animal spent in the metal container,
temperatures soared into the 90s.
No arrests have been made by the SPCA's humane officer in connection with the case.
###
07-29-10 -- Kennel Owner Not Guilty of Cruelty Charges
By: Janet Kelley, Lancaster Online
A Quarryville kennel owner, accused of having seven dogs with untreated
dental problems, was found not guilty of cruelty to animal charges
Wednesday afternoon.
Loretta Wilson, owner of Jenloren Kennel on Dry Wells Road, had been
given seven citations, based on allegations of the dogs' untreated
dental issues.
But after listening to two hours of testimony, District Judge Isaac Stoltzfus found Wilson not guilty on all counts.
Defense attorney Michael Winters successfully argued that Wilson had
taken steps to get the dogs treated and there was no evidence she had
been cruel or negligent in her care of the animals she had obtained
last January.
Assistant District Attorney Christine Wilson argued that the kennel
owner (also named Wilson, but no relation) did not want to spend the
money to have a veterinarian treat the dogs.
Two veterinarians called by the prosecutor testified that the dogs had
severe dental problems and had to have teeth removed as part to the
treatment.
The kennel owner's veterinarian said he had seen the dogs and scheduled
an appointment, but the Humane League intervened before he was able to
treat them.
###
07-28-10 -- Casorio
Says Ag Department Cannot Rewrite Dog Law
FOR
IMMEDIATE RELEASE
By: James E. Casorio,
Jr.
HARRISBURG, July 28 – State Rep. James E. Casorio Jr. said several
policies and regulations recently instituted by the state Department of
Agriculture are undermining Pennsylvania's 2008 Dog Law.
Casorio and other lawmakers, as well as a number of animal rescue
groups and many state residents, are urging the governor to bring the
department's actions into line with the letter and intent of the Dog
Law.
"The entire point of the new Dog Law was to ensure that breeder dogs in
Pennsylvania's commercial kennels are treated humanely," said Casorio,
who was the sponsor of the Dog Law. "Breeders that cannot or will not
comply with the law should not be in business. But the Agriculture
Department seems more interested in accommodating breeders than
protecting dogs.
"The Dog Law is about the dogs, not the breeders," he said. "The
governor has indicated that he understands that. Now he needs to make
sure his administrators in the Agriculture Department, and particularly
the Bureau of Dog Law Enforcement, understand that as well and act
accordingly."
One of the most significant changes the Dog Law made for breeder dogs
in commercial kennels was banning wire cage flooring for adult dogs. It
also required that dogs have regular access to outdoor exercise runs.
Recently, Casorio said, the Agriculture Department has established
regulations and policies that contradict those requirements.
After the Canine Health Board reinforced the ban on wire flooring in
June, the Agriculture Department rewrote portions of those regulations
to permit mother dogs and dams to be confined in cages with up to 50
percent wire flooring. The department has also recently established a
policy of allowing commercial breeders to restrict mother dogs and
their puppies, and expectant dogs, from access to outdoor runs.
"Most dogs in commercial kennels are there for the sole purpose of
breeding," Casorio said. "So these two actions by the department
effectively nullify the law for a huge portion of dogs that the law was
supposed to protect."
Casorio said the department also recently weakened draft regulations of
the Canine Health Board regarding temperature, humidity, lighting,
fresh air and veterinary care. Again, he said, these rewritten
regulations are significantly inferior to, or in direct contradiction
with, standards set forth in the Dog Law.
"These changes will have serious implications for the safety and health
of thousands of breeder dogs in Pennsylvania," he said. "These dogs
could be forced to walk on wire flooring and confined to their cages 24
hours a day for as much as eight months out of the year."
Casorio said the rewritten regulations will also make it more difficult
for dog wardens to enforce the law. Because of the way some of the
regulations have been written by the department, wardens will have to
rely on the word of the commercial breeder – or simply guess – in areas
such as how close an expectant dog is to birthing or how long puppies
will be left in a cage with their mother when trying to enforce the law.
"Any policy or regulation that introduces exemptions or creates
confusion seriously undermines the Dog Law," Casorio said. "We took
great care in crafting this legislation because we wanted to make sure
it was effective for dogs – particularly mother dogs that are confined
in breeding kennels for their whole lives.
"Not only do the changes made by the Agriculture Department undermine
the law, but the department simply has no authority to do what it is
doing," he said. "Under the law, the Canine Health Board has sole
authority for writing regulations.
"Legislators, rescue groups, animal advocates and the thousands of
state residents who helped us and supported us as we worked for many
years to get this law passed and end the inhumane treatment of breeder
dogs in Pennsylvania will not stand by while the Agriculture Department
single-handedly dismantles that law. The Agriculture Department must
act within the law, not outside of it, and it is the governor's
responsibility to ensure that happens."
###
To Read News
From July, 2010, Click on "Jump to
News" in the Left Hand Column
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ACTION
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>> Rally at the Capitol <<
Advocates Ask Legislators: Will You be a PAL?
The Capitol steps are THE place to be on 09/13/10 for ALL companion animal advocates
in Pennsylvania. IF YOU CARE, YOU'LL BE THERE!
Stay Tuned for Details
>>
NEW
LEGISLATION <<
Senate Bill 1435:
Formerly
known as HB 1065
in the last session, this bill will prohibit dog owners from per-
petually chaining dogs outside 24/7/365 days a year and is
L O N G O V E R D U E
We simply can not allow this
bill not to pass this year for the sake of the dogs, the children and
our communities.
Read the legislation HERE
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SUPPORT SB 1435
_ _ _ _ _ _ _ _ _ _
_ _ _
Senate Bill 50:
Formerly known as SB
536
in the last session, this bill is
NOT a consumer bill - it caps
damages for BREEDERS and
does not cover vet bills that exceed the purchase price of the puppy -
even when they die.
This
bill should not limit
consumers to the Puppy
Lemon Law as the ONLY remedy when seeking financial reimbursement for
sick pet shop puppy purchases and should allow consumers the
right to pursue any and all legal venues to recover ALL financial loss.
Read
the legislation HERE
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