[ SHOWGSD-L ] Fwd:Help needed in NJ-Permission to crosspost
- From: Stormy Hope <stormy435@xxxxxxxxx>
- To: Show GSD <showgsd-l@xxxxxxxxxxxxx>
- Date: Sun, 18 Nov 2012 11:13:44 -0800
This is a List member and many of those who know Danielle would vouch for her
as a breeder, exhibitor, and now a fighter for ALL of us to own our animals. I
want to repeat that this was NOT about standards of care. This is about an
harassment of a breeder that came after an anonymous complaint from another
breeder/exhibitor. (Shame on you and the other breeder/exhibitor who did the
same thing to ANOTHER List member in NJ. (Is there something in the water
there?)) Please don't let this be about a slam fest on those people, though,
this is about getting Danielle through this and getting her life back somewhat
as it was before this started 2 years ago.
Stormy Hope
Begin forwarded message:
Dear friends,
We have an ongoing situation in NJ that is not storm related, but is very
important to the dog community. We really need your help. Danielle Weitz, who
shows and breeds German Shepherds (successfully, I might add), has been in a
fight with her town over their demand that she get a kennel license. The town
has no limit law.
It started two years ago. The police department received two anonymous
complaints against her, alleging poor conditions and that the ?dogs would thank
them.? One was placed in November 2010, the other February 2011. Animal
control came both times and found nothing lacking in the care or condition of
her dogs. In fact, the ACO remarked that her one dog was an ?exquisite
specimen.? After the first visit, AC reported back to the Board of Health,
with whom they have the contract. ACO did remark that there were a lot of
dogs, but also noted that she was a hobby breeder. After the second complaint,
a representative from the BOH came along on the inspection. At that point, she
started pressuring Danielle to get a kennel license, since she regarded her
activities as a business. Danielle refused. In NJ, "Kennel means any
establishment wherein or whereon the business (emphasis mine) of boarding or
selling dogs or breeding dogs for sale is carried on, except a pet shop.?
She and her husband live in a residential neighborhood, and the dogs live in
their home. The regulations that govern a kennel license in NJ presume that
there is a separate or attached building that is devoted to kennel activities,
with all the usual details; drains, air flow, etc. They knew that they would
never be approved for a license as things stood, and that zoning would not
permit them to build. She is a hobby breeder in a state that does not
recognize hobby breeding.
The judge found that since she sold puppies, she is a business. To continue in
her business, she needs a kennel license. He fined her for failure to apply
for a kennel license, and gave her 90 days to apply for one. He ordered AC to
inspect her home and inventory all the dogs there. He also ordered that she
cease and desist breeding and selling until she obtained a license. To top it
off, if she did not apply or was denied, he ordered that her home be inspected
and her dogs inventoried every 30 days for as long as she lives in town, to
prove that she was no longer breeding. In essence, he ordered her to give up
her passion and her constitutional right to privacy.
After meeting last week with her attorney, she has decided to appeal. At the
very least we want the court to decide that the municipal judge didn?t have the
authority to order her home be invaded every 30 days for something as innocuous
as this. At its best, we are hoping to show the court that she wasn?t
?breeding dogs for sale?, but as a hobby breeder she was breeding for the
betterment of the breed, and to have dogs to show and compete with. Her
attorney is keenly aware that the state definition of ?kennel? is at the heart
of our troubles at the local level. If we can chip away at that definition, it
will be great.
I would like to reiterate that at NO TIME has there ever been any discussion
about the dogs being neglected or not cared for properly, other than the
anonymous complaints. There?s a good chance that the calls were made by a
disgruntled club member or acompetitor. If the person who made those calls is
reading this, shame on you. You are a disgrace.
NAIA Trust of NJ and the NJ Federation of Dog Clubs have been following this
closely, and giving as much support as we have been able. They stand behind
Danielle and encourage individuals and clubs to do the same.
She needs help with the cost of the appeal. The total we need to raise is
$7500. I know that this is a terrible time of year for fundraising. Those
who have a few extra dollars have either donated it already or are saving it
for holiday gifts. But this is extremely important for all breeders in NJ. In
the past couple of years we have been hammered at the local level with
ordinances that point to that kennel definition as proof that the sale of even
one dog constitutes a business. Think about that for a minute, and how
dangerous this trend is for breeders in NJ. She has been pressured and
harassed for two years and has stood tall. Please donate if you can. Every
bit helps.
Here?s how you can help: checks may be made out to Trautmann and Associates
Attorney Trust Account and mailed to
Trautmann and Associates, LLC
262 East Main Street
Rockaway, NJ 07866
Or, you may call the office at (973) 627-8000 and donate by credit card. Thank
you in advance for any help you may be able to offer.
Barb Reichman
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