Operating boarding kennel after license refusal
Emmaus, PA (US)Incident Date: Friday, Feb 6, 2009
County: Lehigh
Charges: Misdemeanor
Disposition: Alleged
Alleged:
» Derbe Eckhart
» April Welter - Convicted
Case Updates: 1 update(s) available
The owner of Almost Heaven kennel in Lehigh County, Derbe Eckhart, today [May 1, 2009] was ordered to stand trial by a Lehigh County District Justice on charges of violating terms of his Feb. 6 kennel license refusal, which barred him from operating a boarding kennel, among other restrictions.
Eckhart was found to be boarding dogs on Feb. 11 when state dog wardens inspected the kennel.
Violations after a license has been refused are third degree misdemeanors under the new Pennsylvania Dog Law, signed into law by Governor Edward G. Rendell in October 2008. Eckhart will be scheduled for a trial in the Lehigh court.
Additionally, April Welter, a worker at the kennel, was found guilty of summary charges for operating a kennel without a license. In January, Welter presented herself as the owner of the kennel on the kennel's Web site and to an undercover dog warden, yet she has never had a kennel license in Pennsylvania. Welter will have 30 days to appeal the decision.
Jessie Smith, the state's special deputy secretary for dog law enforcement, said today's decisions were evidence that the new law, Act 119 of 2008, is working to close loopholes in previous versions of the law and protect dogs in kennels.
"Previous versions of the Dog Law allowed kennel owners to operate for extended periods of time even after having their kennel license revoked or refused," said Smith. "The new law prohibits kennels in that situation from obtaining new dogs, breeding or boarding, so that they cannot operate as usual during a lengthy appeal process. In this case, the kennel owner violated the terms of the new law, and faces third degree misdemeanor charges."
The state's Bureau of Dog Law Enforcement refused the 2009 kennel license application for Almost Heaven after an October 2008 inspection showed significant violations of the Dog Law.
Eckhart has appealed the refusal, but must follow strict rules and submit to unannounced inspections during the appeal period.
In addition to much needed enforcement improvements, Act 119 addresses the health and welfare needs of the dogs housed in large commercial breeding kennels by requiring these operations to meet new physical standards for cage size and flooring. These new requirements will take effect in October 2009.
Among other protections for dogs, the new law doubles the minimum floor space for dogs, eliminates wire flooring, and requires exercise that is at least as good as unfettered access to an exercise area twice the size of the primary enclosure. The previous law did not require that dogs ever be taken out of cages, much less be provided access to exercise areas.
The law also requires veterinary examinations for each dog twice per year.
To report unsatisfactory conditions at a kennel confidentially, or if a kennel is suspected of being illegal, call the Pennsylvania Department of Agriculture's toll-free hotline at 1-877-DOG-TIP1.
Case UpdatesDerbe ''Skip'' Eckhart said it was all a mistake. When he pleaded guilty to animal cruelty and related charges nearly two months ago, he said, he was under duress.
''I wasn't able to think things through clearly,'' Eckhart, whose Almost Heaven Kennel in Upper Milford Township was shut down in June, testified Monday in Lehigh County Court.
Eckhart, 42, of Upper Milford, undid those guilty pleas before being handcuffed and taken to prison under $25,000 bail to await trial on animal cruelty and dog law charges, many of which had been dropped in the previous plea deal. He had not posted bail as of Monday afternoon, according to the Lehigh County Prison.
In requiring Eckhart to post bail -- Eckhart was previously released on his own recognizance -- Judge Robert L. Steinberg said Eckhart was a ''moderate'' flight risk and that he ''thumbed his nose at the judicial system.'' He told Eckhart, who had been working as a groomer, that he was forbidden from having a job in which he would have contact with animals while his case is pending. He also told Eckhart not to take new animals into his home.
Before ruling, Steinberg had a brief exchange with Eckhart about his decision to drop his plea.
''Why did you tell me [in September] that you were guilty?'' the judge asked.
''I felt pressured,'' Eckhart answered.
''So you lied to me?'' the judge asked.
''I felt pressured by all that was going on,'' Eckhart answered, adding that he was given notice of the plea proposal the night before his Sept. 22 court appearance.
Eckhart faces a list of charges related to a June 23 raid of his kennel at 4202 Chestnut St. and kennel inspections that preceded the raid.
His attorney, Jeffrey A. Conrad of Lancaster, has written in court papers that Eckhart is innocent because he was ''attempting to save dogs that would have otherwise been destroyed.''
Steinberg, in rendering his decision, said there is a ''liberal standard'' when it comes to plea withdrawals and that the courts have consistently upheld them. He denied a request by Chief Deputy District Attorney Jay Jenkins to revoke bail, but ruled Eckhart's previous $2,000 unsecured bail was ''inappropriate.''
Eckhart had pleaded guilty Sept. 22 to two counts of animal cruelty, four counts of violating a cease-and-desist order and one count of illegally transferring dogs out of the kennel. He faced up to three years in prison and a $7,500 fine.
Now that all of the charges filed against him are back in play, he could face significantly more time in prison if convicted.
Eckhart faces 14 animal cruelty charges and 18 counts of violating a cease-and-desist order, in addition to more than 200 counts of failing to turn over dogs when the appeal period for his kennel license expired. He also faces related dog law violations. All of the charges are misdemeanors or summary offenses.
Authorities raided Eckhart's kennel June 23, removing 216 dogs and putting Eckhart out of business before charging him with multiple counts of animal cruelty and related crimes.
The raid came after a lengthy legal battle over Eckhart's operating license. The state revoked Eckhart's license in October 2008 and denied him a 2009 license, prompting a string of appeals that were exhausted when Eckhart failed to file a timely appeal in Commonwealth Court.
In the months leading up to the June raid, Eckhart was charged multiple times with violating a cease-and-desist order handed down while the future of his kennel license was being decided. In October 2008, authorities raided the kennel, seizing at least 56 animals that they said were living in unsanitary conditions. | Source: Mcall.com - Nov 17, 2009
Update posted on Nov 18, 2009 - 12:04PM |
References- PA Department of Agriculture Press Release - May 1, 2009
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