Commercial puppy facility owner denies allegations
Published 11:28 am Thursday, November 29, 2018
The owner of the Manly, Iowa, commercial puppy facility where 154 Samoyed dogs were rescued earlier this month is denying the dogs are threatened, court documents state.
White Fire Kennels Owner Barb Kavars denied the accusation Wednesday in a response filed in Worth County District Court as she seeks to keep nine Samoyed dogs — a Siberian breed of medium-sized white or cream-colored sled dogs — and four cats taken in a Nov. 12 search warrant.
A trial in the case is scheduled for 9 a.m. Monday at the Worth County courthouse.
In filing the petition Nov. 21, Worth County prosecutors said the animals should be deemed threatened. If the dogs are deemed threatened, the court will order Worth County Sheriff Dan Fank to decide the future destination for the animals.
Kavars, through her lawyer, Michael G. Byrne, denied the animals were neglected as defined by state statutes.
“The animals were kept in kennels with adequate food and water provided on a daily basis,” the response said. “No mechanism to keep drinking water heated above freezing was present, but unfrozen water was provided on at least a daily basis sufficient to maintain the animals properly.”
Worth County prosecutors said a majority of seized animals were kept in outdoor kennels with little to no food and no clean water present. It said a few buckets contained a small amount of frozen water, and there was no mechanism to keep drinking water heated above freezing.
According to Kavars, “the kennels were adequate to provide for the care of a Samoyed breed, who are biologically able to handle the temperature and conditions in which the animals were maintained.”
“All animals had covered kennel opportunity to avoid rain or sun,” court documents state. “Fallen branches throughout the property have nothing to do with the care of the animals.”
According to the response, overcrowded kennels are not a basis for animal neglect under Iowa state statutes because they do not relate to food, water, adequate shelter from elements or necessary sustenance.
To Kavars, the court cannot consider the condition of dogs except for the nine dogs identified in the petition.
Worth County prosecutors said three dogs and four cats were found inside the home, which court documents described as “unsafe for human or animal habitation.” There was “an overwhelming odor of ammonia and feces” in the home, making it difficult to breathe and causing irritation to lungs and eyes,” prosecutors said.
The response stated conditions in the home were not unsafe, noting authorities did not take action against her for her home’s condition. She acknowledged food was available and utilized by animals in the home and litter boxes were full in the basement and in a basement bedroom where cats had access.
“The conditions identified by (Worth County prosecutors) … do not relate to food, water or sustenance,” court documents state. “(Kavars) asserts that (Worth County prosecutors are) making unspecified standards for care of breeding animals the primary issue in this case, rather than the statutory definitions of food, water and sustenance.”
The nine dogs allegedly had matted and dirty fur, with the matting on some dogs encompassing entire tails or underbellies, as well as untreated medical conditions.
To Kavars, “mats in the coat are not issues of neglect and do not constitute denial of food, water or necessary sustenance.”
Prosecutors said many dogs were underweight, with some significantly so.
Kavars said the Purina Scale used by authorities to determine neglect and ideal weight “is not a determination of neglect, and ideal weight is not required for an animal not to be neglected.”
Some dogs were described as suffering from severe dental problems. Authorities said dog nails were untrimmed and fecal matter was present on the dog bodies and between pads of their feet.
“Moderate dental disease is common in older dogs, and younger dogs had good dental hygiene,” Kavars said.
“Dirty coats or overgrown nails do not constitute animal neglect.”
The dogs were examined by American Society for the Prevention of Cruelty to Animals-licensed veterinarians from Nov. 12 to Nov. 15.