Animal Abuse: Puppy mill - 18 sick dogs living in filth - Ephrata, PA

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Case ID: 13815

Classification: Neglect / Abandonment

Animal: dog (non pit-bull)

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Attorneys/Judges

Prosecutor(s):	Christine Wilson
Judge(s):	Howard F. Knisely, Daniel Garrett

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Case #13815 Rating: 2.3 out of 5

Puppy mill - 18 sick dogs living in filth
Ephrata, PA (US)

Incident Date: Friday, Nov 2, 2007
County: Lancaster

Disposition: Convicted

Defendant/Suspect: Ervin S. Zimmerman

Case Updates: 4 update(s) available

State officials say they hope a Lancaster County judge's decision to uphold animal-cruelty charges against a large commercial kennel operator will serve as a warning to other breeders who mistreat dogs.

Judge Howard F. Knisely let on Friday [May 30, 2008] stand a conviction on 10 of 11 counts of animal cruelty and five counts of violating the state dog law against Ervin Zimmerman of Ephrata. The judge also ordered Zimmerman to forfeit ownership of 18 dogs seized by humane officers as part of the case last year.

Zimmerman, who has bred dogs for 17 years, had appealed a ruling by District Justice Daniel Garrett in December. At his trial, humane officers said they had found animals suffering from extreme neglect: a puppy with its hind legs chewed off and dogs so matted they were unable to defecate. Dog wardens said they had found dead rats in the cages and food contaminated with feces.

Sue West, director of the Pennsylvania Bureau of Dog Law Enforcement, said the decision should send a message to breeders that they must focus on the welfare of the dogs in their care.

"Those that choose to allow inappropriate kennel conditions or ignore the welfare of their dogs will also find themselves in court at some point in time," West said.

Zimmerman, reached by phone yesterday, referred all questions to his lawyer, Kurt Geishauser of Reading, who did not immediately return a phone call.

West said the case underscored the need for stronger legislation - under consideration by the state House - that would require regular veterinary care for dogs in commercial kennels, impose higher fines, require restitution, and generally give the agency more enforcement authority.

Zimmerman's license was revoked in November after he failed seven state inspections, but his kennel was allowed to remain open while he appealed. At that time, humane officers seized 18 sick and injured dogs, including one with a broken leg, and dogs with fight wounds, infected gums, and ear and foot infections.

Knisely fined Zimmerman $1,200 for cruelty charges and $425 for the dog-law violations. He declined to prohibit Zimmerman from owning dogs since a Department of Agriculture hearing on his kennel-license revocation is pending this month. If his appeal is rejected, Zimmerman - who recent inspection reports show has 202 dogs in his kennel - would be allowed to own no more than 25 dogs.

West said the cruelty charges, while not automatic grounds for revocation under current law, would have "a major impact" on the case before Agriculture Secretary Dennis Wolff.

Knisely also did not order restitution for the housing of the seized dogs, mainly miniature schnauzers and West Highland terriers, which have been in the care of the Lancaster Humane League for almost eight months at a cost of $57,500.

Kerry Flanagan, the league's vice president of operations, said that while she was happy that the case was over and that the shelter finally got custody of the dogs - some now available for adoption - she was disappointed that Zimmerman had not been held financially accountable for the housing costs.

"The reality is he barely had a slap on the wrist," she said. "Why should people who donate to the Lancaster Humane League have to foot the bill while the case plays out in court?"

Lancaster Assistant District Attorney Christine Wilson said she would seek restitution to cover at least some of the costs. All 300 licensed kennel owners in Lancaster County, home to the largest number of commercial breeders in the state, have been put on notice, she said. They were sent certified letters last month informing them of an educational sessions to be held by the District Attorney's Office this week.

"It's the first step to allow kennel owners to understand what is a violation and what will be prosecuted by this office," Wilson said.

There is no further appeal on the cruelty charges, she said. Zimmerman faces three additional counts of cruelty stemming from the seizure of three dogs earlier this year.

Case Updates

State dog wardens shut down an Ephrata kennel and seized 96 dogs Saturday.

"It's a tremendous victory to see a kennel of this magnitude, and this individual who has thumbed his nose at the law for so long, shut down," said Kerry Flanagan, vice president of the Humane League of Lancaster County. "These dogs' days of misery are finally over."

The kennel's owner, Ervin S. Zimmerman, of the 400 block of Metzler Road in West Earl Township, fought to keep his dog-breeding operation in business after the state revoked his kennel license in 2007.

Dec. 5, a Lancaster County judge issued an injunction for the Department of Agriculture's Bureau of Dog Law Enforcement and gave Zimmerman 14 days to shut down his kennel.

The injunction came after an unannounced Nov. 25 inspection, in which wardens cited Zimmerman for six violations of the dog law and ordered veterinary checks for five dogs.

After he lost a bid to stop the Dec. 5 injunction, wardens and officers from the Humane League inspected the property Saturday and removed all dogs except five of Zimmerman's personal "farm dogs."

"The dogs were in good condition," said state Agriculture Department spokesman Chris Ryder. "They were healthy and shipped to the Humane League where they can be adopted."

Humane League workers said the dogs had suffered minor injuries, but the majority of them were in good health.

The condition of the dogs seized Saturday contrasted sharply with those seized during a November 2007 inspection, in which wardens said dogs had wounds from fighting along with infected gums, ears and feet. Last year, wardens said Zimmerman kept more than 220 dogs in 50 cages in his kennel.

Humane League workers at the scene said Zimmerman was cooperative with wardens, which also contrasted with officials' reports from last November saying that he "ran from inspectors" when they arrived.

Zimmerman repeatedly impeded wardens' efforts to shut down his kennel by appealing the 2007 revocation of his license and subsequent denial of a 2008 kennel license. His appeal was denied during an administrative hearing in Harrisburg in July, but he again appealed that decision to Commonwealth Court.

"Some people don't ever learn," Flanagan said. "Some people for a long time got away with running substandard kennels.

"The buck finally stopped here."

Messages left at Zimmerman's home were not immediately returned Saturday evening.

State Deputy Secretary for Dog Law Enforcement Jessie Smith said the injunction helps bring closure to the case.

"Ervin Zimmerman's kennel has been unsatisfactory for some time, but his multiple appeals have prevented the bureau from closing him entirely until today," Smith said. "Working with the Humane League of Lancaster County, our wardens today confirmed that he currently owns only his personal dogs and that his commercial kennel business is closed."

"There's no way he can undo what has been done," Ryder said.

Ryder said six misdemeanor charges were filed against Zimmerman by the Agriculture Department.

He will also face charges of operating a kennel without a license from July 25 through Dec. 19. Fines associated with the charges will be determined by Lancaster County Court at a future hearing, he said.

Zimmerman has already been convicted of both unsatisfactory kennel conditions and cruelty, but appealed those convictions to the state Superior Court. The appeals are pending.

The 96 dogs seized from Zimmerman's kennel Saturday were shipped to the Humane League and given medical examinations and vaccinations.

Humane League worker Becki Gotshall said additional off-duty staff members were called in to help process the animals.

"We've pulled together to get the dogs set up and comfortable as soon as possible," she said. "We've been extremely busy."

Flanagan said some of the dogs suffered minor injuries. She said their feet were raw and splayed. Their nails were "horribly overgrown" and teeth "atrocious and worn away." Gotshall added that some had minor ear infections.

"It's all they've ever known," Flanagan said.

She said the dogs will be available for adoption soon, but couldn't offer a timeline. She said some of the dogs will likely be sent to other rescue shelters.

"We will call other rescue groups to help us," she said. "We're hanging in there."

Source: Lancaster Online - Dec 21, 2008
Update posted on Dec 22, 2008 - 1:10AM

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Source: Lancaster Online - Sept 7, 2008
Update posted on Sep 7, 2008 - 9:59AM

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The Pennsylvania Department of Agriculture is using what it hopes will be a more effective tool to rein in one of the county's more defiant dog breeders.

Early last month the department filed a civil lawsuit against the owner of a West Earl Township kennel, Ervin Zimmerman, whose license to maintain a kennel and dog breeding operations was revoked in November 2007.

The state initiated the lawsuit when state dog wardens visited Zimmerman's property on the 400 block of Metzler Road Aug. 4 and discovered, according to the complaint, t "Defendant had 193 dogs on the premises which he continues to breed and sell."

Susan West, director of the state Department of Agriculture's Bureau of Dog Law Enforcement, said the civil lawsuit represents "our best tool to get to the end result in the fastest manner."

If the bureau had filed a criminal lawsuit, West said, "it could take up to a year to go to trial and he would be able to operate that entire time."

The civil lawsuit calls for an injunction that would close the kennel and levy fines up to $500 for each day that he continues to operate without a license.

"This will help us expedite matters," West said. "It provides emergency relief until the whole matter is settled."

However, West said, the lawsuit will not be heard until a judge rules on a lawsuit Zimmerman has filed at the federal level.

"He is also licensed by the USDA [United States Department of Agriculture]," West explained, "and he believes the state laws are in conflict with the federal laws."

That hearing, West said, is scheduled for later this month.

West said Zimmerman is one of her department's more problematic owners. "He appeals every step of the way," she said.

While the use of civil lawsuits by the department is not new, said agriculture department spokesman Chris Ryder, they are not used often because "we don't have that many cases where we have to go to court. Usually, once we charge an unlicensed kennel they close.

"In this case, Mr. Zimmerman operates" despite agriculture department actions and adverse legal decisions against him.

Zimmerman's farm and kennel is about two miles north of Brownstown on Metzler Road and visible from Route 222.

The large, white, stone farmhouse is shaded by trees and sits near a red barn and other outbuildings. Its fields extend across Metzler Road.

The kennel/breeding operation is housed in a 1�-story building to the rear of his barns. Exhaust fans provide ventilation to the small structure, constructed of a combination of concrete block and wood, all painted white.

Zimmerman's 2007 license was revoked after his kennel failed seven inspections between June 5 and Oct. 11, 2007.

According to the complaint, Zimmerman - despite the 2007 revocation - filed an application for a 2008 kennel license this past January. The dog law bureau rejected his application and Zimmerman appealed that decision.

Feb. 22, 2008, state Secretary of Agriculture Dennis Wolff stayed the denial, allowing Zimmerman to continue his kennel and breeding operations until the appeal could be heard. That hearing took place June 24, and after reviewing testimony, Wolff re-affirmed the denial July 25, leaving Zimmerman without a license to operate his kennel.

In May of this year, Lancaster County Judge Howard F. Knisely found Zimmerman guilty of 10 counts of animal cruelty and five counts of violating state dog laws. Zimmerman was fined $1,500 plus court costs for the animal cruelty convictions and $425 plus costs for the dog law violations.

During the trial it was revealed that Zimmerman, in 2007, had kept more than 220 dogs in 50 cages at his kennel. During the Nov. 3, 2007, inspection, dog wardens seized 18 dogs, including a puppy whose hind feet had been chewed off, dogs with wounds from fighting, and dogs with infected gums, ears and feet.

Officers also reported that it took them 30 minutes to track down Zimmerman, who ran from inspectors when they arrived.

A woman who answered the phone at Zimmerman's property Friday said Ervin Zimmerman was working in his field. When asked if he would want to discuss the lawsuit, she said, "No, he wouldn't want to do that."

In a related development last week, an advisory council of the Pennsylvania Professional Dog Breeders Association filed a lawsuit against the state's Bureau of Dog Law Enforcement for selectively targeting Lancaster County kennels for inspection.

An incident involving state kennel inspector Kristin Donmoyer during the November inspection at Zimmerman's kennel is highlighted in the lawsuit. Donmoyer is listed as a defendant.

The lawsuit alleges Donmoyer "blatantly" violated the rights of kennel volunteer Carl Gilgore, who was videotaping the inspection, when Donmoyer allegedly threatened him with arrest. Gilgore was not arrested and continued videotaping the inspection.

In announcing the lawsuit, Bob Yarnall, president of the American Canine Association Inc. said, "Since 2006 the governor has directed the Pennsylvania Department of Agriculture to target commercial kennel operators and to find reasons to shut legitimate businesses down."

Yarnall said: "Based on the department's annual report to the General Assembly, in the year 2007 kennel operators in Lancaster County were more than three times more likely to be inspected, more than 10 times more likely to be cited for violations and over 100 times more likely to receive a warning," than kennel operators in other counties.

He concluded, "There is an undeniable pattern of abuse by the Department of Agriculture in enforcing regulations and the law that is intended to protect all dogs - not just dogs in one part of the state."

Source: Lancaster Online - Sept 7, 2008
Update posted on Sep 7, 2008 - 9:51AM

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Once a shy dog who cowered in the corner and ran from human contact, Lexie is on her way to reclaiming the sort of life that all dogs deserve.

Her journey began Nov. 3, 2007, when she and more than a dozen other dogs were rescued from a local puppy mill. Severely matted from months of neglect, the first order of business for this 6-year-old miniature schnauzer was a bath and a haircut.

The administrative staff spent many of the following months caring for Lexie in their personal offices and painstakingly gaining her trust. Now, Lexie willingly seeks attention and enjoys receiving dog treats. She looks forward to going for daily walks and enjoys the company of similarly laid-back dogs.

Her owner was recently convicted on 10 counts of animal cruelty. Custody of the dogs was awarded to the league. Although Lexie may always be a bit shy, she is ready to find a home filled with gentleness and love where she can continue to blossom.

Lexie is available for adoption at the Humane League of Lancaster County, 2195 Lincoln Highway East. Many of our available animals can also be viewed online at www.humaneleague.com. Shelter hours are noon to 6 p.m. Monday; noon to 7 p.m. Tuesday and Thursday; noon to 5 p.m. Friday; and 10 a.m. to 5 p.m. Saturday and Sunday. The shelter is closed Wednesday. Call the league at 393-6551.

From June 9 to 15, the league received 61 dogs and 228 cats. Twenty-six dogs and 44 cats were adopted; 18 stray dogs and one stray cat were reclaimed by their owners. Seven dogs and 17 cats were transferred to other rescue organizations. Roger, last Sunday's featured feline, is still waiting to be adopted

Source: Lancaster Online - June 22, 2008
Update posted on Jun 22, 2008 - 7:02PM

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References

- Dec 17, 2008
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Puppy mill - 18 sick dogs living in filthEphrata, PA (US)

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Puppy mill - 18 sick dogs living in filth
Ephrata, PA (US)