Kennel owner found guilty of operating without permit
There are controlled drug buys, and then there are controlled dog buys. Law enforcement in Charles City employed the latter to ensnare a dog kennel owner who was operating illegally in the county.
A Charles City Circuit Court judge found Linda Howard, owner of Big Dog Kennel, guilty on two misdemeanor counts of operating a commercial kennel without a special use permit following a May 4 trial. One count had been appealed from lower court while the second stemmed from an undercover officer’s visit to the Rottweiler kennel, located at 5226 North Warriner Road in the county’s western end.
Howard had been cited for continuing to sell dogs after her permit to operate had been revoked by the county in January 2009. The county had imposed a May 17 deadline to cease all commercial operations, but a subsequent visit in August by a county zoning official found that Howard had not complied. Last October, she was found guilty in general district court on the first count.
Posing as a customer and carrying a concealed camera and audio equipment, Lt. Tim Hixenbaugh from the King William Sheriff’s Office visited the kennel last Dec. 17, telling Howard he was considering purchase of a Rottweiler puppy. On the video played in court, Howard can be heard attempting to seal the deal.
Her attorney, Robert L. Isaacs, argued that no evidence of commercial sales exists, and that his client merely made “incidental sales” in order to buy food for feeding her dogs.
“Sometimes a case is overwhelming,” Hoover told Isaacs in finding Howard guilty on both counts.
“She talks [on the video] about adult dogs, puppies, and special deals. That’s as good a business sales pitch as I’ve heard,” the judge said.
Prosecutor Rob Tyler recommended a $1,000 fine on each count along with an order to immediately cease operations. Hoover agreed, imposing a $1,000 fine to be paid within 30 days on the first count while suspending the second fine on condition Howard cease all commercial business within 30 days.
“She needs to get rid of the dogs and sell them to a commercial kennel that’s properly zoned,” the judge said. “It’s clear she didn’t follow the rules. She was told to quit, and she won’t quit.”
Howard then told the judge she expects the county to issue a special use permit later this month. But that may not be so.
A week earlier on April 27, Howard and her attorney appeared before the county’s Board of Supervisors and Planning Commission during a public hearing on the kennel’s latest permit application.
County planning staff recommended denial based on past performance. “She has not corrected issues until forced to do so, and she still is operating without a permit,” said county development/environmental planner John Bragg.
Neither body took action, electing instead to refer the matter back to planning staff for working out possible conditions that can be added to the request.
But supervisors and other county officials were visibly dismayed by Isaacs’ hints at legal action if Howard’s request is rejected.
“Big Dog Kennel has done absolutely everything that’s been asked of them to do and should be given a permit,” Isaacs said. “To deny would be an arbitrary and capricious decision. Nowhere in the code does it say punish Big Dog Kennel for previous bad acts.”
County attorney Randy Boyd responded to Isaacs, saying, “Mr. Isaacs overlooks that the county has said don’t sell dogs since January of last year. The question is will they continue to do in the future what’s been done in the past.”
“How can we trust someone who has not complied with the past permit,” Planning Commission chairman Ed Baber offered. “Their history has not been good.”
Planning Commission members plan to discuss the matter during their May work session. The issue could be back before supervisors at the board’s May 25 meeting.