|Posted by P4PO on February 27, 2020 at 11:10 AM|
For the last few weeks, we have been following the story of Margaret Boisture of Star Mountain Kennels and Bloomfield Connecticut ACO Christine "Sparky" Sparks. Both the search warrant and the arrest warrant issued contained several statements that were less than truthful. We are going to start a series to address the lies in the warrants with actual proof of the truth, not speculation.
It took almost 3 weeks to bring charges, and one of the charges was a revoked/suspended kennel license. We found that charge very interesting because Margaret has been licensed and compliant, with zero complaints from her former residence in Windsor for years.
There seems to be a lot of confusion as to what type of licensing she should have. In the “negotiations” between Margaret and the Town of Bloomfield, they would only return her dogs to her once she got her commercial kennel license. This was before they even charged her. She refused these terms because per CT law, she does not meet the requirements for a commercial kennel. Commercial kennels are Grooming facilities, pet shops, training centers. These facilities are UNABLE TO BREED.
CT Gen Stat § 22-342 (2012)
(a) Any owner or keeper of a kennel who breeds more than two litters of dogs annually shall apply to the town clerk in the town in which such kennel is located for a kennel license. Any owner or keeper of a kennel who breeds not more than two litters of dogs annually may apply to the town clerk of the town in which such kennel is located for a kennel license. For the purposes of this section, annually shall refer to the kennel license year which begins July first. Such town clerk shall issue to such applicant a kennel license on a form prescribed by the commissioner for a period from the date of such application until the thirtieth day of the ensuing June. The license shall specify the name and number of the kennel, the name of the owner and the name of the keeper and shall be in lieu of any other license required for any dog of either sex which may be kept in such kennel during the period for which the license is issued. Each license may be renewed from year to year by the town clerk upon application of such owner or keeper. Each such owner or keeper shall cause to be kept, upon each dog in such kennel, while it is at large, a collar or harness of leather or other suitable material, to which collar or harness shall be securely attached a tag or plate upon which shall appear the number of the kennel license, the name of the town issuing the license and the year of license. Such plates or tags shall be furnished by the town clerk of the town in which such kennel is licensed, at a cost of ten cents each, in such numbers, not fewer than the number of dogs kept in such kennel, and at such time as the licensee may request. The fee for each kennel license, when no more than ten dogs are kept in the kennel, shall be fifty dollars, and for a license for a kennel containing more than ten dogs, the fee shall be one hundred dollars, except that in the case of a kennel started after the first day of July, the license fee for the remainder of the year shall be a proportional part of the fee charged for one year. If the owner or keeper of any established kennel fails to obtain the kennel license on or before June thirtieth, he shall pay one dollar for each dog kept therein, in addition to the regular kennel fee.
Sec. 22-344. Licensing of commercial kennel, pet shop, training facility or grooming facility. …….
(2) Any person who maintains a commercial kennel and who advertises the services of such commercial kennel shall cause the license number for such commercial kennel, as issued pursuant to this section, to clearly appear in such advertisement. The commissioner may adopt regulations, in accordance with chapter 54, to prescribe the requirements for the appearance of the license number of a commercial kennel in any form of advertisement. Such regulation may include, but need not be limited to, the size, font and location of such license number for any given form of advertisement….
(f) The commissioner may, at any time, inspect or cause to be inspected by the commissioner's agents any such commercial kennel, pet shop, grooming facility or training facility, and if, (1) in the commissioner's judgment such kennel, pet shop, grooming facility or training facility is not being maintained in a sanitary and humane manner or in a manner that protects the public safety, (2) the commissioner finds that contagious, infectious or communicable disease or other unsatisfactory conditions exist, or (3) in the case of a pet shop, the commissioner finds any violation of the provisions of section 22a-381d, the commissioner may issue a fine to such commercial kennel, pet shop, grooming facility or training facility of not more than five hundred dollars for each animal that is the subject of such violation, may issue such orders as the commissioner deems necessary for the correction of such conditions and may quarantine the premises and animals. If the owner or keeper of such kennel, pet shop, grooming facility or training facility fails to comply with the regulations or orders of the commissioner, or fails to comply with any provision of the statutes or regulations relating to dogs or other animals, the commissioner may revoke or suspend such license. Any person aggrieved by any order issued under the provisions of this section may appeal therefrom in accordance with the provisions of section 4-183. Any person maintaining any commercial kennel, pet shop, grooming facility or training facility without having obtained a license for the same or after any such license has been revoked or suspended as provided herein shall be fined not more than two hundred dollars. The provisions of this section shall not apply to veterinary hospitals, except those boarding or grooming dogs for nonmedical purposes, and other establishments where all the dogs or animals were born and raised on the premises where they are kept for sale.
The arrest warrant says she needs to be a “Professional Breeding Kennel” per CT Dept of AG, CT doesn’t have this type of licensing. What they DO have is a statute for breeding facilities in CT.
Sec. 22-344c. Licensure of breeding facilities by towns. (a) If a town requires the licensure of persons keeping ten or more unneutered or unspayed dogs capable of breeding, such persons shall apply to the clerk of the town in which such dogs are located for a license. Such town clerk, if the zoning enforcement official has certified that the location where such dogs shall be kept conforms to the zoning regulations of the municipality, shall issue to such applicant a license, for a reasonable fee to be determined by the town, on a form prescribed by the town for a period, from the date of such application until the thirtieth day of the ensuing June which license shall specify the name and number of the dogs, the name of the owner and, if applicable, the name of a keeper. Each such license may be renewed from year to year by the town clerk upon application of such owner or keeper.
(b) The Commissioner of Agriculture, the Chief Animal Control Officer or any animal control officer may at any time inspect or cause to be inspected any location, required by a town to be licensed, keeping ten or more unneutered or unspayed dogs capable of breeding, by a registered veterinarian appointed by the commissioner and if, in the judgment of the commissioner, such location is not being maintained in a sanitary and humane manner or if he finds that communicable or infectious disease or other unsatisfactory conditions exist, he may issue such orders as he deems necessary for the correction of such conditions and may quarantine the premises and animals. If the owner or keeper of such location fails to comply with such orders, the commissioner may recommend the revocation or suspension of such license to the town which issued such license. - hmmm not part of this series, but look, per CT Law, Sparky was supposed to bring a COMMISSIONER REGISTERED Veterinarian with her on the inspection.
And because she had just moved her dogs to Bloomfield, CT, from Windsor, CT, just two weeks prior, she was covered by the transfer of residence law. Technically, because she still had her residence in Windsor, she didn’t need to turn in her old kennel license. But once her animals were seized in order to pacify the Town of Bloomfield, she went to the Town clerk and transferred to the Bloomfield address.
Sec. 22-352. Change of residence of owner. Any dog licensed as provided in this chapter may be kept in any town in this state under such license until the June thirtieth succeeding the date thereof, if the owner maintains a residence in the town where such license was issued. If any owner discontinues such residence and takes up residence in another town, he shall present the license and tag to the town clerk of such town and, for a fee of fifty cents, the town clerk shall issue a new license and tag for the town in which the owner now resides. Such town clerk shall retain the old license and tag in his possession.
These two licenses cover 10 dogs EACH. Notice the period of license.
So Margaret was compliant in her licensing. So how or why was she charged with Revoked or Suspended Kennel license? Sparky just needed to contact the Town of Windsor to confirm that Margaret was telling the truth about her license.