All Creatures Great & Small Closes

*
UPDATE:

http://www.blueridgenow.com/article/20080724/NEWS/280945590

Published Thursday, July 24, 2008
Officials confiscate 44 animals

By Harrison Metzger
Times-News Staff Writer

Animal control officers seized 44 animals from a Flat Rock home occupied by Kim Kappler, founder of the former All Creatures Great and Small shelter, and plan to charge her with 44 counts of animal mistreatment, among 85 misdemeanor charges.

Kappler also faces the possibility of more than $4 million in civil fines that can be levied under the county’s new animal control ordinance after the raid Tuesday night at a home she occupied.

Henderson County Sheriff’s Office Animal Enforcement confiscated the animals at the home, located at 2731 Greenville Highway, late Tuesday after receiving several complaints of odor and barking dogs. Village of Flat Rock officials say residents have been complaining about smells and noise from the house since last year, worries also shared by deputies when they arrived.

“We were very concerned about the barking dogs, cleanliness of the home and the health of the animals,” said Sheriff’s Office Lt. Ben McKay.

All the animals except for two dogs were inside the house, said Pam Brice, the county’s public information officer. She described conditions in the home as deplorable due to animal waste.

She also said the county is hard-pressed to take all the animals but cannot adopt them out unless Kappler gives them up.

“We are at full capacity at the animal shelter now,” Brice said. “Pending court investigation and potential civil and criminal charges, the animals must be housed at our shelter and cannot be adopted out unless she relinquishes their custody to the county.”

In total, 29 dogs and 15 cats were removed, and county staff say some cats may have gotten away. Four dogs were taken to a veterinarian for immediate medical treatment and the rest were placed at the Henderson County Animal Services Center on Stoney Mountain Road.

Kappler faces 44 counts of mistreatment of animals, with fines totalling $3,982,000. She also could be charged with 34 counts of failure to comply with the companion animal laws, which state a permit is required for more than 10 animals. Fines for those counts could reach as much as $307,000. She also was charged with seven counts of failure to have rabies shots current, violations which carry maximum civil fines totaling $126,700, county officials say.

Although she admits she had more animals than the ordinance allows, Kappler denies any mistreatment and that any animals did not have current rabies vaccinations.

Kappler was founder of All Creatures, which shut down in February after years of battles with Hendersonville and the state over poor conditions for animals at a shelter on Seventh Avenue.

An ongoing problem

Kappler, who rents the 1,150-square-foot home, was present during the seizure of the animals. County officials said they had given her warnings as early as January and advised her to come into compliance rather than face penalties and impoundment of the animals, McKay said.

“Back in January there were 17 animals, so it obviously doubled, and last night several cats got away,” said Brice.

The county’s new animal control ordinance says people who keep more than 10 animals must obtain a companion animal permit.

“It is a fairly simple process,” Brice said. “You go and fill out an application and you show you have adequate living facilities for the animals. She was advised back in January and she never got those permits.” Flat Rock Mayor Bob Staton said he first complained about the home in January when the state veterinarian was in the process of shutting down All Creatures.

“I wrote a letter to the office of the state veterinarian to let them know that she had a large number of dogs, and we did not know how many, but we knew many dogs were at her property here in Flat Rock,” he said. “We had had complaints for six or eight months from the neighbors about barking dogs and I personally saw a number of dogs, anywhere from four to six at a time, in her backyard over a several month period. I contacted the state veterinarian to suggest they not overlook what we call All Creatures South here in Flat Rock.”

Staton said he also contacted Sheriff Rick Davis and asked that the county’s newly constituted animal control unit investigate the situation. Flat Rock officials considered Kappler in violation of the town’s zoning ordinance for “conducting a kennel operation basically in residential property,” Staton said, but never took zoning enforcement action pending the outcome of the sheriff’s probe. The village is investigating a travel trailer that appeared on the property about three weeks ago as a zoning violation.

“That (the trailer) may have been used to house the animals,” the mayor said, adding, “We are planning to cite her for that violation. We did not because of the investigation by the sheriff that began almost immediately.” Staton said Kappler told him after he wrote the letter of complaint that she “didn’t want to be a nuisance in Flat Rock and that she was leaving Flat Rock,” but did not say where she was moving. He said he was glad the Sheriff’s Office removed the animals.

“I certainly am. It is really a problem for us here. The odor within a few feet of the house on the outside is very bad and I can imagine what it is on the inside.”

The latest incident

Animal Enforcement received a complaint Monday about odor and barking dogs, which Brice said resulted in the seizure and impoundment of the animals.

Assistant County Manager Selena Coffey said officers felt sure there were several animals they had missed, but they couldn’t get to all the cats in the house.

”We went out and had no idea we would find 44 animals,” she said. County staff will continue to search for any animals that may have gotten away.

County commissioners discussed the seizure after Coffey updated them during a tour of Blue Ridge Community College’s new technology building Wednesday morning. Commission Chairman Bill Moyer said he is confident county staff took the correct action. Moyer also said he was afraid the situation would get more severe and was glad county officials took action now.

“It is saddening that we must take drastic measures to address animal welfare issues, but it’s heartening that we have a dedicated staff in Henderson County Sheriff’s Department Animal Enforcement and Animal Services Department to protect the welfare of the citizens and animals of Henderson County.” Coffey said.

“Our staff puts a lot of heart into their jobs and we have come a long way in enforcing the animal ordinance approved by the Board of Commissioners.”

*

All Creatures founder fuming over removal:

http://www.blueridgenow.com/article/20080724/NEWS/588683019

*