Kennel owner cited for neglect

OLATHE — Animal neglect allegations were levied against the owner of an Olathe kennel recently found in violation of state standards.

Montrose County Sheriff Rick Dunlap said Nita Smith was issued a summons for neglect Thursday over the alleged treatment of animals at Colorow Kennels.

Smith did not immediately return a call seeking comment Friday.

In November, inspectors from the Colorado Department of Agriculture found Smith in violation of the Pet Animal Care Facilities Act, listing conditions at the Olathe facility that included fecal matter, rats and rodent droppings.

The inspection report also said a Pomeranian with an ulcerated eye had not received any medical care, even though Smith allegedly knew of the problem.

The report further stated three other dogs were matted to the point of “potential health or comfort problems” and made reference to a kennel worker’s statement that a puppy was found dead a day before the inspection.

Smith was given various deadlines to correct the problems noted in the report. The ag department said it takes three consecutive failed inspections to trigger state-ordered kennel closure.

The MCSO opened its own investigation, upon receipt of complaints concerning state and local laws against animal neglect.

Dunlap said investigators spoke with a Delta veterinarian. “She indicated to us that from her perspective, that it was animal neglect and she would be willing to testify to that fact,” he said.

Neglect is defined as failure to provide necessary care to companion animals or livestock, such as shelter, water, medical care and food, the sheriff said.

Dunlap said the state’s inspection reports were also entered into evidence in the local neglect case.

The ag department has more than 200 pages of reports on Smith’s kennel operations over the past several years.

Some of Smith’s inspections were triggered by anonymous reports and others that were ultimately deemed invalid.

But investigators determined other complaints were valid, such as a woman’s report that pens were “filthy dirty.”

Another customer complained of matted dogs with “maggots in their hair,” feces a foot deep in places and “dead puppies in buckets.” The complaint was deemed valid.

Earlier inspections show a variety of issues.

 A 2005 report showed rodent droppings and animal care violations. That same year, Smith was convicted of misdemeanor animal cruelty at trial in Montrose Municipal Court. According to the court, she was fined $500 and sentenced to five days in jail; however, jail was suspended, as was $350 of the fine, pending no further municipal animal violations. The case was closed in 2006.

The ag department said in a letter it wasn’t taking action against Smith’s pet care facility license. The letter said Smith was accused of throwing a cat from a vehicle, but, based on testimony, the department believed the cat escaped accidentally due to the actions of Smith’s passenger, and it was found uninjured.

Some of the reports on file with the state gave Smith’s facility a clean bill of health.

According to a 1999 investigation report, though, Smith’s violations resulted in three warning tickets issued since 1991 and a civil penalty assessed in 1997.

The investigation report refers to inspections in 1998 and 1999 in which non-compliance issues similar to this year’s findings were noted.

“Many of the items are continually repeat offenses, such as veterinary care, identification, records, minimum age (of puppy adoption) requirement, shelter, cleaning and sanitation,” the investigator wrote.

The report said Smith didn’t fully comply with the civil penalty stipulation, stating that although she did pay the necessary fine, she hadn’t submitted receipts proving ordered repairs had been made.

A 1999 letter from the U.S. Department of Agriculture informed Smith she violated federal regulations concerning the civil penalty, which she could settle by paying a $1,900 fine. Smith did so, records show.

The file also contains correspondence, apparently written by Smith, explaining how she addressed some of problems noted in 1998 and also disputing some of the state’s findings. The file additionally included veterinary records, as well as a statement by a groomer which indicated Smith’s dogs were in good condition.

A vet filed an affidavit in 1999 stating that he believed Smith was “trying to improve the health standards and well being of her animals at this time.”

Dunlap said this week deputies had tried for some time to serve the summons on Smith and enlisted Delta County’s help to do so after they determined Smith was staying in Delta. However, Smith met with MCSO Deputy John Foechterle at an Olathe convenience store Thursday and took the summons, Dunlap said.

She is due in court at 8 a.m. Jan. 22, 2008.