“Anytime there is a question of abuse or neglect, it needs to be further investigated,” a representative of Second Chance Humane Society in Ridgway said as she and other demonstrators stood in front of the Montrose County Justice Center. “We’re just here to speak for animals who can’t.”
The demonstration was organized by Citizens for Animal Welfare and Shelter of Crawford to bring more public awareness to animal abuse and to push for the closure of what members consider “puppy mills.”
  
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Smith was originally slated for advisement Tuesday, but her hearing was continued until 1:30 p.m. Jan. 29. Her attorney, Brent Martin, was tied up in another court case, according to his office, and could not be reached for comment.
Inspectors from the Colorado Department of Agriculture found Smith in violation of the Pet Animal Care Facilities Act last November.
The report from that time noted the presence of fecal matter, rats and rodent droppings and also referred to a puppy found dead the day before the inspection.
Smith has since complied with what inspectors told her to do, said Christi Lightcap, communications director for the ag department.
“They are in compliance with those items,” Lightcap said. “An inspection was performed in January and they did pass that inspection.”
The latest inspection report was not available Tuesday.
The criminal neglect charge was filed locally, after a Montrose County Sheriff’s investigation, which included a Delta veterinarian’s opinion that the Pomeranian had suffered from neglect. The sheriff said previously he is also using the state’s inspection reports as evidence.
More than 200 pages of state ag reports show the kennel had previous violations of the PACFA. Montrose Municipal Court records also showed Smith was convicted in 2005 of misdemeanor animal cruelty, though the ag department took no action against her license at the time. The file also included favorable veterinary records and correspondence.
“We’re just wondering why she’s in business,” demonstration organizer Debbie Faulkner of CAWS said Tuesday. “This is going on in our own back yard.”
She said current ag department regulations were not strong enough — and that there were only three inspectors for some 1,7000 pet-breeding facilities.
“Obviously, something is wrong when these types of conditions are allowed to continue,” Faulkner said.
She said CAWS received several complaints about Smith’s facility and was able to videotape conditions at the kennel.
Demonstrators Tuesday carried posters bearing photos of a dead puppy in a bucket, cages smeared with fecal matter and the afflicted Pomeranian.
“The dog’s eye had to be removed by the veterinarian. She was given the dog back,” Faulkner alleged. “If she’s not convicted, something’s really wrong.”
Faulkner said people should stop buying pets from breeding kennels. “No demand, no supply,” she said.
Another demonstrator Tuesday said the charges against Smith weren’t stiff enough.
“She should’ve been charged with a felony,” Karen Stout said. “We are not happy about her being charged with a misdemeanor.”
A facility governed by PACFA must fail three consecutive inspections after it is initially held in violation before the state ag department can shut it down.
“There’s a process to taking the license of a kennel,” Lightcap said. “We can shut down a facility not able to meet the standards of PACFA. The goal of PACFA is not to shut down a facility, but to educate the facility and bring them into compliance.”
She encouraged the public to notify the ag department of any concerns. “We do investigate every complaint, but we do have to follow the rules and regulations,” Lightcap said.
She also said that if Smith pleads guilty to neglect, the state has the option of yanking her facility license. “As far as I know, there haven’t been talks one way or the other yet.”
Faulkner said CAWS intended to follow the Smith case closely and would welcome public support in pushing for changes that would beef up state regulations.
“This isn’t right,” she said of the alleged neglect.
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