Puppy mill - 24 dogs seized Belmont, NH (US) Incident Date: Monday, Jan 6, 2003 County: Belknap Local Map: available Disposition: Alleged Alleged: » Arthur Scott » Frances Scott

Case ID: 715 Classification: Neglect / Abandonment Animal: dog (non pit-bull) View more cases in NH (US) Login to Watch this Case

The police took the dogs from Arthur and Frances Scott, of 335 Depot St., on Jan. 6, citing inhumane living conditions. The state veterinarian, Clifford McGinnis, Belmont Animal Control Officer Tom Carroll and representatives from the shelter found the dogs living in an unheated basement. According to court documents, the pens were made out of chicken wire and wood. There were no mats or blankets to sleep on, and there were inches of urine and feces on the floor. Some of the animals had urine burns on their feet.

Three Scottish terriers, five cocker spaniels, two West Highland white terriers and four Cairn terriers were taken. Authorities left a Cairn terrier puppy, a pregnant West Highland white terrier (which has since given birth to five puppies) and two cats at the house because they were living upstairs, where it was clean and dry.

The New Hampshire Humane Society has been caring for the other 10 adult dogs and four puppies since then. All of the them had already received their state-required rabies shots. And McGinnis said the animals were healthy and well-fed when he examined them Jan. 6.

On Monday, McGinnis returned to re-inspect the home and said the area was heated and cleaned. The indoor kennels had blankets, and the outdoor pens had dog houses. Based on McGinnis's report, which was released Tuesday, the police have asked the humane society to return the dogs. After that, the town animal control officer will inspect the house every month to ensure it's kept clean, the police said.

But according to the humane society, that's not enough. Claudia Abdinoor, executive director, said she fears the clean conditions won't last because Arthur Scott is elderly and may not be able to maintain the kennel. "It could be the Taj Mahal and it's not happening," she said. "We're fighting on their behalf so they don't have to return to that dungeon of a cellar."

The police have charged Scott with one count of animal cruelty, a misdemeanor, for a female Cairn terrier that had urine burns. The charge was placed on file without a finding, which means Scott will still be allowed to own animals. But if the problem persists, the police will have recourse, according to Nielsen.

"We'll call the shelter to come back and get (the dogs) if we find a mess again," he said.

McGinnis said the Scotts have done what the police asked them to, and he has determined the environment is "livable." He said all of the conditions set out by the police, including cleanliness and heat, have been met.  But he declined to speculate whether the dogs should be returned.

But how this issue is decided could be of statewide significance, according to James Phinizy, a state representative from Acworth, and Russell Pope, a legislative liaison who works for a state dog owners rights group.

Phinizy is also a member of the State House Environment and Agriculture Committee and former board member of the American Kennel Club, and the Pet Overpopulation Committee and has sponsored many bills on dog legislation. He said the local authority is the police department, not the humane society.

"If the town has found those people have satisfied the conditions and the dogs should be returned, then they should be returned," he said. "This is clearly a property issue. You have to realize that shelters are at best a non-government entity. They have to comply with state law. They are attempting to usurp town control and that's just plain wrong."

Pope is a also a former investigator for Monadnock Humane Society in Swanzey. He said it amounts to a violation of the Scotts' constitutional rights.

"This is a pretty clear-cut case," he said. "They are withholding property, and they have no legal authority to do that. This is not something (the humane society) would normally do. So it would be trying to set a precedent."

The humane society has said it is not trying to take all of the Scotts' animals. But it would like to limit the number of dogs they have because the society worries they cannot care for all of them.

Jeff Philpot, the attorney for the humane society, said the issue is larger than cleanliness. The humane society has said the Scotts are puppy millers based on the number of dogs they produce a year to sell for profit.

Arthur Scott told a reporter that he breeds each of his five females at least once a year. This is the second litter this year for the Westie at his house. Judging by the size of that litter - five - he breeds anywhere from 25 to 50 puppies a year.

Scott, 72, lives in a 900-square-foot home. He said these dogs are his pets.

In warm weather, puppies can be seen outside in a 4-by-4-foot pen in the front yard - about five feet from busy Route 140.

"The issue is, should he be in business in the first place?" Philpot said. "If he wants a few pets, we're willing to talk with him about that. But we don't think he should have 20 dogs. We believe he's crossed that threshold, and a compromise should be how many animals can he take care of in that small space."

Nielsen said it's an ethical question that he can't answer. Meanwhile, Arthur Scott said he wants his dogs back, and he's considering suing the shelter. And Abdinoor said it's a battle she's willing to finish.

"We've got the animals, but this is not the end," she said. "We'll go to court and fight the Scotts."

Meanwhile, Phinizy and Pope wondered why the case should get that far. (Phinizy said he's considering forming an oversight committee to regulate shelters in the state.)

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