HARRISBURG – Legislation proposed by Governor Edward G. Rendell would give state agriculture officials the authority to order the removal of dogs from kennels whose licenses have been revoked.

 

Under current law, said state Special Deputy Secretary for Dog Law Enforcement Jessie Smith, the Department of Agriculture cannot order dogs to be removed from a Lancaster County kennel, which continues to operate despite numerous citations and a license revocation, because the owner has appealed the revocation.

 

Five dog wardens, a humane officer and a veterinarian entered the Ephrata kennel, owned by Ervin Zimmerman, on Feb. 8 with search warrants.  The wardens found numerous instances of unsatisfactory conditions and the humane officer seized two Chihuahuas – a female with bite wounds on and a male whose eye will likely need to be removed due to an ulcer.

 

 “It is heartbreaking to hear of dogs living in conditions that are, frankly, unacceptable,” said Smith.  “While waiting on the appeal process to play out, we will continue to inspect the kennel and work with the Humane League of Lancaster County.  This situation shows how our current laws and regulations regarding dogs in kennels are outdated and insufficient.”

 

Smith said that even humane officers can seize only those individual dogs who exhibit signs of cruelty or neglect.

 

Governor Rendell recently outlined draft proposals for legislation and regulations regarding the health, safety and welfare of dogs in kennels.  The drafts were written using the input of more than 16,000 individuals who responded to the original proposed regulations. 

 

Smith said the new legislation will likely be introduced in March, after receiving feedback from the Dog Law Advisory Board, interested groups and various kennel owners.

 

“Because the dogs are the property of a kennel owner, the department has no authority to simply remove them, even after a license revocation, unless they are in immediate danger or given up willingly by the owner,” said Smith.  “Even though the kennel license was revoked, we cannot require removal of the dogs without seeking a court order once the outcome of the appeal is known.”

 

Smith said Zimmerman’s case is pending an administrative hearing before the Secretary of Agriculture, which is expected to take place in May.  Zimmerman then has the option of appealing the secretary’s decision to Commonwealth Court.

 

“Until a final decision is made by the courts, the Department of Agriculture can only monitor the condition of the dogs and inspect kennel conditions based on the current laws.”

 

Governor Rendell announced sweeping changes to the state’s dog law and regulations in October 2006.  The Governor also took actions to increase the enforcement of current laws by naming Jessie Smith as a special deputy, hiring a special prosecutor, and increasing the number of dog wardens.

 

For more information on Pennsylvania’s dog law, and to access kennel inspection records, visit www.DogLawAction.com.
 
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