Illegal Kennel in PA Shut Down
05 August 2009
by Anai Rhoads
AnaiRhoads.org -- An illegal kennel in Pennsylvania was shut down, after it was discovered the facility was advertising dogs for sale on a web site geared for hunting.
Wardens from the Pennsylvania Department of Agriculture obtained a warrant and entered the Bear Creek Kennel property in Tioga County on 10 July. There, agents discovered 33 dogs owned by Scott Fay.
Fay was also served with a cease and desist order, which also instructed him against harming or euthanising any of the dogs in his possession.
On 23 July, dog wardens removed 18 dogs from Fay's property. Due to a consent agreement signed in 2008, both Fay and his associates Connie Adams and Tammy Long, were allotted five dogs a piece. According to the agency, without this prior agreement the three could have owned up to 25 dogs without obtaining a kennel license.
A majority of the dogs confiscated were taken to Stone Creek Kennel in Hesston, Huntingdon County. The others were divided among three organisations - Ruth Steinert Memorial SPCA in Schuylkill County, the Humane League of Lancaster County and Main Line Animal Rescue in Chester County.
"We are pleased that so many of these dogs have been placed and grateful to the three nonprofit animal shelters that also took these dogs. These organisations are providing care to the dogs and giving them, and their pups, an opportunity to find a good home," said Jessie Smith, the special deputy secretary for dog law enforcement with the Agriculture Department.
In September 2007, after Fay failed to maintain a sanitary environment for the animals, his license was revoked. By 2008, wardens cited Fay and his associates after discovering they were still operating the facility illegally.
"Mr. Fay has scoffed at the law for years, placed his dogs in unacceptable situations and sought to profit from his illegal actions," said Smith. "We have no tolerance for illegal, unlicensed kennels and will continue working to close these kennels and protect the dogs involved."
Smith also said that this case highlights important legal advances provided under the new dog law, Act 119 of 2008, signed by Governor Edward G. Rendell last October.
"The previous law was ambiguous about what charges could be filed against illegal kennels, beyond charges for failure to get a license," said Smith. "Act 119 makes it clear that wardens can also cite for any unsatisfactory conditions that a regularly licensed kennel would be accountable for, and we will file those charges is this case for sanitation, upkeep and any other applicable violations."
The department's Bureau of Dog Law Enforcement plans to file 57 summary citations against Fay for violating the Act 119 of 2008. These include operating without a license, failure to keep the kennel in good repair, failure to obtain veterinary checks when ordered by wardens, failure to license individual dogs, and failure to vaccinate dogs against rabies.
Fay may be forced to pay anywhere between $100.00 to $500.00 for each summary citation.
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