North Penn Puppy Mill Watch

THE ELVIN HIGH CASE

History

Convicted animal abuser Elvin High, whose state kennel license was revoked earlier this year and against whom criminal charges are pending, has applied to his local township for a special exception/variance to permit a kennel on his property. 

Quote from Township Manager Charles E. Douts, Jr. --

"In early February, West Hempfield Township approved plans for a kennel at a farm on Garfield Road, Mount Joy, over the opposition of neighbors, People for the Ethical Treatment of Animals and other foes of commercial breeding. One activist subsequently e-mailed a complaint to township manager Charles Douts; she posted his response on her Web site.

"The Amish community has turned to raising dogs because of the economics of farming," wrote Douts. The township, he said, is "attempting to preserve farmland and our heritage. This is one business which is profitable and is supplementing the farm income .....

"Since the demand exists for such animals, I would prefer a puppy from the Amish rather than other large supply operations," Douts wrote."

From: Gone To The Dogs by Gil Smart, Sunday News

OCTOBER 1, 2007 ALERT ISSUED

          October 1, 2007               

CONVICTED ANIMAL ABUSER
- WITH NEW CRIMINAL CHARGES PENDING -
APPLIES FOR LOCAL KENNEL ZONING PERMIT

Elvin L. High, of West Hempfield Township in Lancaster County, Pennsylvania, has a shameful history of animal abuse beginning with a conviction in 2002.

Without ever obtaining a local permit from West Hempfield Township to legally operate a kennel at his Marietta Avenue address, Elvin L. High was found in serious violation of the state’s dog law regulations in April, 2007 when state dog wardens performed a routine inspection.

According to the Bureau of Dog Law Enforcement, inspections conducted on April 03 and April 24, 2007 revealed extremely serious violations causing the Bureau to revoke High’s license and issue fines in excess of $1,600.00. 

Pet-Abuse.com along with Susan E. Lindt of The Lancaster Intelligencer Journal reported ‘Violations included dead and decaying mice found in food dishes, urine and feces built up in dog enclosures, no proof of rabies vaccination for 15 of more than 60 dogs housed at the kennels, kennels too small for the size of the dog, and poorly maintained kennels with sharp, broken wires and chewed wood. Dog warden Diane Buhl also ordered medical care for four of High's dogs, including one with open sores and three others with leg issues.’

Things went from bad to worse for High once Humane Officer Keith Mohler was notified of the situation. Criminal charges were filed against High on behalf of the Lancaster Humane League after several dogs in need of immediate veterinary care were seized for treatment and High admitted to personally cropping the ears of several dogs – a surgical procedure only licensed veterinarians are permitted to perform in Pennsylvania. Worse, High had attempted to hide several dogs from authorities by placing them inside a tractor-trailer.

One dog, a Neapolitan Mastiff, had to be euthanized after he was seen paddling his front legs and moving his eyes in a circular motion thereby indicating a brain injury; the dog was emaciated and dehydrated and vets estimate that he had been in this condition for weeks.

Upon learning of the 2007 inspections and license revocation, West Hempfield Township realized High did not have the necessary zoning permit to be operating a kennel and issued a cease and desist notice.

Elvin L. High has now applied to the Township for a special exception variance to have a dog kennel on his property and will appear before the zoning board on October 9, 2007 – just two days prior to a pre-trial conference for the criminal charges still pending against him.


ACTION REQUESTED

West Hempfield Township should not allow or issue any type of zoning permit or variance that would allow Elvin L. High to have a kennel on his property.

North Penn Puppy Mill Watch and United Against Puppy Mills are calling on animal advocates across Pennsylvania to please take a moment to politely call, fax or email the following individuals and express your concern regarding the Township’s handling of this request and your outrage at Mr. High’s audacity to ask for a special exception variance permit. 

Let them know that Mr. High’s previous animal abuse conviction and pending criminal charges for animal abuse are reason enough not to issue the local variance that would permit him to have a kennel. Furthermore, and pursuant to the State’s dog law regulations, High will never again be permitted to hold a state issued kennel license as the Bureau prohibits licensing individuals convicted of animal abuse.
 
Remind officials that not only was High illegally operating his kennel for years without the required local permissions, he attempted to hide dogs from the Humane Officer by placing them in a trailer. Additionally, High’s current dog complement is in direct violation of Lancaster County’s zoning code that states only 3 dogs are permitted in a residential/non-agricultural setting per Section 701.21(E). 

The ONLY reason Mr. High is currently not in violation of the cease and desist order, and not cited for having more than three dogs, is due to his pending application to the Township’s zoning board.  Information for attending the actual hearing may be found at the bottom of this ALERT.

Please feel free to distribute this ACTION ALERT to all animal advocacy email lists, groups and bulletin boards.

Thank you for caring about Pennsylvania’s dogs!

Kindly and politely contact: 

Charles E. Douts, Jr.
Township Manager
West Hempfield Township
3401 Marietta Avenue
Lancaster  PA  17601
PHONE: 717-285-5554  ext 138
FAX:  717-285-2879
EMAIL: manager@twp.west-hempfield.pa.us

Edward C. Hinkle
Zoning Officer
West Hempfield Township
3401 Marietta Avenue
Lancaster  PA  17601
PHONE: 717-285-5554  ext 125
FAX:  717-285-2879
EMAIL: zoningofficer@twp.west-hempfield.pa.us

Dick Shellenberger
Chairman, Lancaster County Commissioners
50 North Duke Street
P.O. Box 83480
Lancaster  PA  17608-3480
Phone: 717-299-8282
FAX:  717-299-7210
EMAIL: McCueA@co.lancaster.pa.us

David M. Dunmeyer
Chairman, Township Board of Supervisors
1665 W Silver Spring Road
Landisville  PA  17538
717-898-8529

Representative David S. Hickernell
222 South Market Street
Suite 103
Elizabethtown  PA  17022
Phone: 717-367-5525
FAX:  717-367-6425
EMAIL: Click HERE

Senator Mike Brubaker
301 E. Main Street
Lititz, PA  17543
Phone: 717-627-0036
FAX: 717-627-1389
EMAIL:  Click HERE


ATTEND THE HEARING

To be held OCTOBER 9, 2007 at the West Hempfield Township Municipal Building,
3401 Marietta Avenue, Lancaster, PA 17601. 

Elvin High’s hearing is scheduled for 7:30 P.M.

###

Result of the Hearing

10-10-07 -- High Kennel Ruling Delayed
Trouble with Request Leads to Continuance
By: Susan Lindt,  Lancaster Intelligencer Journal

LANCASTER COUNTY, Pa. - Plenty of people planned to speak out Tuesday against Elvin L. High's request for a special exception to operate a kennel in West Hempfield Township. But they didn't need to.

High made his request to West Hempfield Township zoning board, but problems with his application emerged before public comment was taken.

High's application for a special exception was continued to a special meeting of the zoning board at 7:30 p.m. Nov. 20 in the municipal building, 3401 Marietta Ave.

High previously operated Highgrade Kennels, a large-scale breeding kennel at 4406 Marietta Ave., Columbia, until the state Bureau of Dog Law Enforcement revoked his kennel license in May for unsanitary and unsafe conditions.

Now he has applied to the township to start a new business on the property — a stud service with fewer than 25 dogs, the maximum number allowed without a state license.

However, High said Tuesday that his previous breeding business was never approved by the township during the 21 years he operated it.

Also, while reviewing High's previous applications to the township during Tuesday's hearing, the board saw High's 1995 application to construct a storage barn on his property. The application made no mention of the fact that the barn would be used for his breeding kennel business.

According to township code, a kennel may be operated only as an accessory to a primary agricultural business — which High lacks.

Asked what constitutes his primary ag business, High shrugged and said, "Nothing as far as I know."

The board also said High's barn does not have proper setback from adjoining properties for kennel use.

"This barn was never approved, and you have never had a complaint about a barking dog or anything," High told the board.

Two of the properties adjoining High's are owned by his children.

Board member Gary R. Lintner took issue with High's previous illegal kennel business.

"That brings us back to the previous application, (in which there) was no mention of a kennel," Lintner said.

High told the board his former kennel was discussed in meetings with a previous zoning officer, who had full knowledge of his kennel operation. But current zoning board member Amelia Z. Swiernik said she didn't recall High's kennel being approved in 1995.

"(Lintner) and I were both on the board at that time, and there was never mention of any kennel," Swiernik said.

The zoning board stopped short of rejecting High's application, instead allowing him time to discuss his application with an attorney.

High said he was confused by the requirements to get a special exception.

"I don't know what to say. I should've brought an attorney. I'm not understanding any of this," he said.

Tuesday's hearing began with three groups requesting "party status" to testify against High's application for a special exception. The zoning board denied requests from the Humane League of Lancaster County and United Against Puppy Mills, an advocacy group, because neither had an immediate, direct and substantial stake in High's property.

The zoning board delayed a decision on whether an inspector for the dog law bureau and an attorney representing the state Department of Agriculture could testify against High's application. Lintner said the board wanted to hear High's testimony before deciding whether it was appropriate for Inspector Diane Buhl and attorney D. Holbrook Duer to testify.

High was convicted of animal cruelty charges in 2002. Eight current charges of animal cruelty are pending against him in Lancaster County court.

The dog law bureau also filed 14 citations against High, and other charges against him relating to the May raid on his breeding kennel, which are pending in Pennsylvania Commonwealth Court.

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