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Discussion Starter #1
The following is regarding pinehawk's previous thread (Pa. Dog Law Really Working Great):

I said that I wouldn't be posting on the Dog Law topic anymore, but because I finally got some information about what happened, I felt that I should post it since it differs from the story in the original post from the other board:

This is according to Jessie Smith from the Bureau of Dog Law:

1. Bureau of Dog Law responded originally because they had been told there was an illegal kennel being operated. When they arrived on the property and found that that was not the case, they left because they had no jurisdiction. PSPCA officials then took over.

2. The owner was not cited at that point: she was told that because she had more than 12 dogs on her property, she was violating a Philadelphia County Ordinance. She was told that to be in compliance with the law, she had to surrender 11 dogs. The dogs were surrendered.

3. PSPCA will not divulge the location of the dogs because they are part of an on-going investigation.

4.There were no dogs from Tennesseee involved.

And that really is it for me on the topic of the Pa Dog Law- just wanted to set the record straight.
 

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2. The owner was not cited at that point: she was told that because she had more than 12 dogs on her property, she was violating a Philadelphia County Ordinance. She was told that to be in compliance with the law, she had to surrender 11 dogs. The dogs were surrendered.
.[/b]

There lies the problem in giving private enties enforcement "police" poweres especial those that have an agenda other than public safety

First the Philly ordinance limiting dogs and cats is not 12 dogs and cats to a property but specifically to a "residential Dewlling unit" which also by definition is a specific building that houses humans. If the city meant to include the entire property it could of done so. It is clear that was not its intent. Note from the Philly Gov. web page the cited "Code is current through January 22, 2009"
CHAPTER 10-100. ANIMALS

Maximum Number of Dogs and Cats Allowed. No residential dwelling unit shall keep a total of more than twelve (12) adult dogs or cats combined, of which no more than four (4) may be unneutered, unless the Department of Public Health has been notified and granted a waiver.[/b]

CHAPTER 2 DEFINITIONS
Dwelling unit: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, including such units contained within residential condominiums.[/b]
So we have PSPCA misrepresenting the dog in order to obtain a "surrenender" of 11 dogs. I'm no expert on PA law but I certainly hope Wendy obtains the services of a good attorney because it appears she has a strong case.

I felt that I should post it since it differs from the story in the original post from the other board:[/b]
I quess you missed Mr gibbles update which include what you have state with this
clarification on the "TN" dogs which stated that their was a "drafting" of 3 dogs from a upstate NY kennel and that this kennel had a signed contract with Murder Hollow that in the event that Murder hollow could not keep the dogs that they were to be returned immeadiately. I an mot going to sepculate what recourse that this Upstate Ny kennel has to get the return of the dogs from the PSPCA or from Murder Hollow for surrendering them in violation of the agreement as well.

to read the update see the second post of gibble1 in Update: Murder Hollow Kennel Seizure [url] which is the second of Pinehawk's links.

Michael Tefts
 

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Discussion Starter #3
First the Philly ordinance limiting dogs and cats is not 12 dogs and cats to a property but specifically to a "residential Dewlling unit" which also by definition is a specific building that houses humans. If the city meant to include the entire property it could of done so. It is clear that was not its intent. Note from the Philly Gov. web page the cited "Code is current through January 22, 2009" Michael Tefts[/b]
There is a new local Philadelphia County ordinance which prohibits more than 12 dogs on any property.

The Bureau of Dog Law didn't have any jurisdiction in this situation; that's why they left and let the PSPCA take over.
 

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There is a new local Philadelphia County ordinance which prohibits more than 12 dogs on any property.[/b]
the Limit on dogs and cat in Philly is not new it when into effect before 1990 . In 1990 their was a court case challenging that a Sate law supercede the city code for licensed kennel owners . It was decided it did not
<a href="http://www.animallaw.info/cases/causpa574a2d1208.htm" target="_blank">Muehlieb v. City of Philadelphia
Pennsylvania 574 A.2d 1208 (Pa.Cmwlth.,1990) </a> The date I provided is the show that the code I cited is the current code

The Bureau of Dog Law didn't have any jurisdiction in this situation; that's why they left and let the PSPCA take over.[/b]
hmmm I quess i fail to see where this was ever in dispute


Michael Tefts
 

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Discussion Starter #5
First the Philly ordinance limiting dogs and cats is not 12 dogs and cats to a property but specifically to a "residential Dewlling unit" which also by definition is a specific building that houses humans. If the city meant to include the entire property it could of done so. It is clear that was not its intent. Note from the Philly Gov. web page the cited "Code is current through January 22, 2009"
CHAPTER 10-100. ANIMALS
CHAPTER 2 DEFINITIONS
Michael Tefts[/b]
Mike, you're stating that the the law applys to a dwelling, not a property. That is not correct. The new ordinance limits the number of dogs on a property to 12. If you would like to check this information please call the PSPCA, as I did, and they will clarify for you.



Also:The following is a statement issued by Gail Luciano, PR officer of the PSPCA:

In response to complaints, Pennsylvania SPCA officers visited the location of Murder Hollow Kennels and left requests to be contacted. There was no response to these requests.

On a follow-up visit by a Pennsylvania SPCA officer and representatives from the Pennsylvania Department of Dog Law six days later, the owner was present but refused entry. Both Dog Law representatives and Pennsylvania SPCA officers returned later that evening with warrants to enter the property.

The dogs were found to be in unsanitary conditions, and the number of dogs present exceeded the City of Philadelphia limit of 12 animals allowed on a property.

In lieu of charges, Pennsylvania SPCA agents worked with the owner to reduce the number of dogs on the premises and allowed her time to clean and make improvements to the area in which the dogs were housed.

The owner surrendered some of the dogs and is working to clean and improve the kennels prior to a follow-up inspection. The Pennsylvania SPCA is encouraged by her efforts in providing and maintaining a more sanitary setting as well as veterinary care for the dogs that remain.

The dogs are safe in foster care with an independent, partner organization.

We appreciate the outpouring of support for these dogs from the Bassett community.
 

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Discussion Starter #6
On the chance that someone interested in the above statement will miss it in this thread,I'm posting the above statement by the PSPCA as a separate thread.
 
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