A dog breeder facing animal cruelty charges is asking West Hempfield Township officials to let him run a kennel on his property.
Elvin L. High is requesting a special exception to operate Highgrade Kennels, 4406 Marietta Ave., Columbia.
High is scheduled to appear before the Zoning Hearing Board on Tuesday, Oct. 9.
He is disputing the cruelty charges but getting out of the retail business.
"I am downsizing," he said last week. "I am going from breeding puppies to stud service."
Ed Hinkle, the township's zoning code enforcement officer, said High is asking to operate the service with 24 dogs.
That constitutes a kennel under township regulations, but not in the view of the state, which defines a kennel as a facility with more than 25 dogs.
The Pennsylvania Department of Agriculture's Bureau of Dog Law Enforcement fined High more than $1,000 and revoked his kennel license in May after the business failed two safety and sanitation inspections.
Bureau of Dog Law inspector Diane Buhl described multiple violations at the time, including a rodent infestation and dog enclosures with accumulated feces and urine.
Humane officers who raided the kennel in June seized 11 out of about 65 dogs kept by High and charged him with eight counts of animal cruelty, including failing to seek medical help for dogs with severe ear and leg infections.
Officials also accused High of trying to hide dogs in a tractor-trailer across the street from his kennel and of cropping the ears of at least 18 animals.
The case is pending in Lancaster County Court.
High said that his kennel fell into disrepair after he employed another man to take care of the facility.
But he denied the charges of animal cruelty.
The state and the Humane League of Lancaster County are "out of line," said High, who added that he plans to fight the charges. "My dogs never suffered here at all."
High, who also once ran an exotic pet store in the Columbia area, said he had an agreement to sell the dogs in the trailer, and that the infected dogs were not seriously ill.
He also disputed an animal cruelty charge filed several years ago by Keith Mohler, Humane Society police officer.
Any kennel operator who raises more than one breed is "labeled as a puppy mill," High said.
Mohler filed the misdemeanor criminal complaint on behalf of the Humane League of Lancaster County.
West Hempfield Township officials issued a cease and desist notice to High earlier this year after the state actions drew attention to his operation.
But High's request for a special exception suspends enforcement of the notice, according to Hinkle.
The case is "a little unusual," acknowledged township manager Charles E. Douts Jr.
"We did not know this kennel existed," Douts said. "This is a big loophole in the state law. He had a state kennel license but did not comply with our local zoning."
The state asks kennel license applicants whether they meet local zoning rules.
But unlike many other businesses, Douts said, dog breeders are not required to verify their response by submitting paperwork from the municipality.
Animal-welfare advocates say unscrupulous breeders are exploiting the situation.
Members of Lancaster County-based United Against Puppy Mills and North Penn Puppy Mill Watch in Lansdale plan to attend the Zoning Hearing Board meeting and offer feedback, said UAPM president and co-founder Helen Ebersole.
North Penn's Jenny Stephens said that the case "just goes to show what can fall through the cracks."
Her group and UAPM are collaborating on an "action alert" to mobilize members to speak out on the matter.
Hinkle said that the Zoning Hearing Board must consider High's request based upon land-use criteria such as parking, setbacks and pen requirements.
"We're doing our best," Douts said, but "we don't have the authority to regulate the kennels. "I'm sure we're going to have a big crowd" at the meeting, he said.
Jon Rutter is a staff writer for the Sunday News. His e-mail address is jrutter@lnpnews.com.
