Ever since Gov. Ed Rendell signed a sharper new dog law into effect last October, all across the state operators of dog kennels have been coming before local zoning boards seeking permission to continue operating their businesses.
On Monday, Upper Leacock Township resident Elam Beiler appeared before the municipality's zoning hearing board requesting a variance as well as a special exception to keep running a kennel on his farm, located near Apricot Avenue and New Holland Pike in Leola.
After a lengthy discussion, the board decided to hold off on making a decision until its next meeting, slated for 7:30 p.m. May 4.
"According to state law, you can't turn (Beiler) down because of past actions, and you can't punish him for not seeking township approval before this," zoning hearing board attorney Robert E. Sisko said Monday. "All you can do is look at whether he meets the requirements of the township zoning ordinance."
At the hearing, about 30 residents heard testimony from Beiler describing his operation, which specializes in smaller breeds such as poodles, Yorkshire terriers and bichons frises.
Founded in 2001, the business holds a K-5 kennel license, which allows Beiler to breed between 250 and 500 dogs.
In a March 20 inspection, the township found fewer than 90 dogs, including 31 puppies.
Beiler said at the hearing that his wholesale breeding business sells to dog dealers in New York, New Jersey, Maryland and Pennsylvania counties including Chester, Perry and Clinton.
Previously, Beiler said, his business has catered to special orders, shipping dogs by plane as far away as Illinois and California.
At the hearing, several watchdog residents from nearby municipalities came forward to say Beiler's kennel had been found to have "unsanitary and inhumane" conditions in 2007.
Several of Beiler's neighbors, however, went on the record in his support and asked that the township overlook the fact that he has been operating a business without Upper Leacock's permission for the past eight years.
"I ask that the board not worry about what has taken place. This is where we are now," resident Joseph Gurtz said.
"As a resident, I'm not concerned that he (Beiler) didn't approach the township for permission," Michael Burgett said.
"These folks are here to make money, just like the rest of us."
Richard Bledsoe said, "I've been a neighbor here for 37 years, and if Mr. Beiler runs his kennel like he runs his farm, then I don't have a problem with it."
At the hearing, township zoning officer Jack Younker told the board he had visited the site and "found it to be neat and clean."
Despite some residents' questioning whether the dogs had undergone "debarking" procedures to cut their vocal cords, Younker said he had "heard the dogs barking."
For Helen Ebersole, a county resident concerned about the area's kennel industry, her biggest hope is that the new dog law will help force municipalities such as Upper Leacock "to keep checking on sites like Mr. Beiler's."
"All of us read the newspapers," said Ephrata resident Veronica Craig. "I think we all know that nothing ever gets done about a puppy mill until there's a tragedy."
In the night's other hearing, the board gave approval for Chris Beiler to open a wholesale bake shop at his farm, 106 Horseshoe Road in Leola.
The business, which will specialize in pies, apple dumplings, bread and cookies, will accept weekly pickups and deliveries to the basement of the family's 72-acre farm.