Smith’s Olathe business, Colorow Kennels, came under the fire of animal-rights activists last year, after the state agriculture department investigated and found violations of the Pet Animal Care Facilities Act.
The kennel was deemed to have failed an inspection in November, but was not subject to immediate closure under state rules. The state investigators’ report noted fecal matter, rats and rodent droppings in the facilities, and said a puppy had been found dead before the inspection.
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However, Montrose County filed a local charge of cruelty to animals-neglect/mistreat in December, over a Pomeranian whose ulcerated eye went untreated.
According to court records, Smith was sentenced July 8 to fines, court costs and restitution totaling $389.
Paonia-based Citizens for Animal Welfare and Shelter led the charge to get Smith shut down. The organization was pleased with the guilty plea, member Debbie Faulkner said.
“That’s what we wanted. I would have hoped the fines would’ve been a little higher, but we never wanted her to have jail time. That wasn’t the point,” Faulkner said.
“So we are elated. Now we are going to wait to see if the state does close her. We’re hoping that this will do it.”
Because Smith did not renew her license, state-mandated closure would be a moot point, ag department spokeswoman Christi Lightcap said.
“If she ever did apply for another one, it (her conviction) would greatly affect whether she did receive another license. We’re under the assumption she’s not operating at this time,” she said.
Lightcap said a state investigator was in the area earlier this week. “We’re keeping an eye on the facility, but she doesn’t have a license with us right now.”
The state can revoke licenses in certain circumstances — for instance, when there have been three consecutive failed facilities inspections, or when there are convictions for cruelty — but considers kennels on a case-by-case basis.
Smith has a 2005 municipal court conviction for misdemeanor animal cruelty.
The state did not act against her license at the time, finding that though she was accused of throwing a cat from a vehicle, the ag department believed it had escaped the vehicle. The department’s report noted the cat was found uninjured.
According to court records, Smith had been convicted at trial; the case was closed in 2006.
“Any time there’s even one conviction, it’s unfortunate,” Lightcap said. “It would be unlikely we would ever reissue her a license, but we still take them on a case-by-case basis.”
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