Larry and Tony Watt’s kennel centered around a structure about 100 feet long and 20 feet wide with concrete flooring and a peaked metal roof with wooden trusses. A whelping building was at one of the 20-foot-wide ends, and outdoor pens containing English Setters and Boxers were along the 100-foot-long wall away from the Carbon City Road that accesses the property.
The structure was open on the other two sides. The long wall closer to the road had numerous objects stacked near the wooden beams supporting the roof, including cages, dog houses, water hoses, and tool boxes. Inside the entryway, about 20 feet from the whelping building and outdoor pens, were several gas cans sitting on the concrete flooring (3.11(c)-Housekeeping for premises).
There were about eight outdoor pens, each about five feet wide and 20 feet long, with six-foot-tall walls of thick-gauge wire and chain link. The roof of the structure covered about half the length of the pens. The two pens closest to the whelping building were on concrete flooring, while the others were on dirt flooring. About six of the pens contained two adult English Setters, while the other two each contained two adult Boxers.
Each pen had metal water buckets and metal self feeders hanging about a foot high on the wire walls. Each pen contained a wooden box about three feet tall, three feet long, and three feet wide. These dog houses were not large enough to allow both dogs in each pen to lie down in a normal manner or turn about freely (3.4)(b)-(Shelter from the elements). One English Setter was able to stick its head completely through one of the openings of the thick-gauge wire towards the center of the roofed structure (3.1(a)-Structure; construction).
Watts said that the whelping building, about 60 feet long and 20 feet wide, was previously used for handling cattle. The building was a single-story structure made of cinder blocks with a peaked metal roof and concrete flooring. It contained a trench about four feet deep and four feet wide with a stairway at each end. There was debris build-up about an inch thick in the crevices of the stairway leading to the English Setter pens from this area; this debris build-up appeared to be from feces blown out of the cages (3.11(c)-Housekeeping for premises).
On either side of the trench there were about five chain-link pens against the painted cinder block walls. Each pen was about five foot wide and five feet long with five-foot-high walls. Each of these pens had a window about a foot tall and 18 inches wide, about eight feet above the ground. These windows were ineffective in letting sunlight in, as the building was completely dark before Watts turned on the lights when entering (3.2(c)-Lighting).
About four of the pens contained either a nursing Rat Terrier and her puppies or a nursing Chihuahua with puppies. Inside each these pens was the bottom half of a plastic dog house, about two feet wide and three feet long, with one-foot-square sections of carpet set into the dog houses. Each pen had a drain with a metal cover in one corner, a metal self-feeder hung on the pen’s wire wall, and a water dish on the concrete flooring. All of the floorings of the pens were wet (3.11(a)-Cleaning of primary enclosures).
The other pens held banks of empty cages, some of which contained metal and plastic food and water dishes. Most of these pens, even those containing dogs, had plastic and metal food and water dishes and plastic self feeders, carpet sections, metal buckets, and the bottom halves of plastic dog houses stored on top of their wire roofing (3.1(b)-Condition and site).
Near the doorway near the above described cages were three cages made of treated wire, each about 18 inches tall, 18 inches wide, and about two feet long. Each cage contained three to four two-pound Miniature Dachshund puppies (3.6(c)(1)(i)-Primary enclosures).
On the other side of the doorway, near the Miniature Dachshund cages, were three cages made of treated wire, each about 18 inches tall, 18 inches wide, and about two feet long. The middle cage contained four two-pound Miniature Dachshund puppies (3.6(c)(1)(i)-Primary enclosures). The cage had a plastic water dish placed on its flooring and plastic self feeder set on one of its cage walls.
Across from these cages were two sets of empty treated-wire cages stacked three high, some of which contained empty metal and plastic food and water containers (3.1(b)-Condition and site).
There was a metal door in the wall closest to the road, near the end of the building with the Miniature Dachshund puppies’ cage.
Second bank of outdoor pens
Against the outdoor wall of the whelping building away from the road, adjacent to the outdoor pens containing Boxers, were eight more pens measuring about five feet wide and twenty feet long. A slanted metal roof extended about five feet over the pens from the whelping building. These pens were made of five-foot-tall thick-gauge wire supported by metal beams and had concrete floorings. Each housed about four adult Miniature Dachshunds.
The metal beams were spray-painted silver. The paint was peeling (3.1(c)(2)-Surfaces) and rust was evident on several areas of the beams (3.1(c)(1)(i)-Surfaces). Each pen had metal self-feeders and water buckets attached to the wire walls and contained plastic, igloo-type dog houses about 2.5 feet tall, 2.5 feet wide, and 2.5 feet long.
Two of the Dachshund pens were separated from the others by a concrete walkway that extended to a chain link gate at the far end of the pens. Near these pens, a crack extended across the width of the concrete flooring of the whelping building (3.1(a)-Structure; construction).
Kennel under construction
Cliff and Linda Watts’ property consisted of several kennels. One structure, under construction, had a flooring of small grey rocks, no walls, and wooden beams supporting a peaked metal roof. This kennel was about 120 feet long and 50 feet wide and housed 24 pens, 12 on each side, surrounded by five-foot-tall chain link walls. Four-foot-wide chain link doors provided entry to each pen.
Four of the pens each contained two adult Cairn Terriers, while the other pens each contained two adult Corgis. Each pen contained a single plastic dog house about two feet tall and wide and 2.5 feet long. Each pen also had a plastic food dish and a plastic water dish on their pen flooring. The water dishes were all filled with grayish-brown water (3.10-Watering), and none of the food dishes were placed so as to minimize contamination by excreta (3.9-Feeding).
Indoor/outdoor facility with whelping room
Another structure consisted of indoor and outdoor pens. The outdoor whelping section was accessible to the indoor structure by means of a covered walkway. The entryway led immediately to a whelping room, which had another exit in the direction of the building described in the above paragraph, as well as an exit which led to the structure’s main indoor kennel. The whelping room, about 10 feet wide and 30 feet long, had wooden walls. The remainder of the building had a metal roof with open insulation under it and blue tarps used as walls.
The four-by-six-foot pens of the outdoor facility had dirt floorings, five-foot-tall chain link walls, and three-foot-wide chain link doorways. Each pen had a plastic sheet along one of its walls that ran the length and height of the wall so that the dogs of each pen could not come into contact with each other.
Each pen contained an igloo-type dog house about two feet tall and 2.5 feet in diameter. Each pen also had plastic food and water dishes on the ground, and the food dishes were not placed so as to minimize contamination by excreta (3.9(b)-Feeding). Feces and urine covered the ground of each pen, (3.1(f)-Drainage and waste disposal) (3.11(a)-Cleaning of primary enclosures). The water dishes of all of the pens contained dingy, dark brown water (3.10-Watering).
One outdoor pen contained two adult Cairn Terriers. The pen next to it contained a nursing Cairn Terrier mother and several three to four week old Cairn Terrier puppies. This pen had a rubber sheet about a foot tall and four feet long along the bottom of its front wall. The puppies were walking through the feces piles on the pen flooring (3.11(a)-Cleaning of primary enclosures).
Another pen contained a nursing Corgi mother and three Corgi puppies, each about three to four weeks old. One of the puppies had pushed its head completely through one of the holes of the chain link wiring (3.6(a)(1)(iii)-Primary enclosures). Two other pens each contained two adult Keeshounds, and the last pen contained three adult Shih Tzus; one Shih Tzu had matted fur surrounding its nose and eyes (2.40-Vet Care). The small indoor whelping room had treated wire cages that were stacked two or three high. There were plastic sheets under the cages to catch debris. Some cages contained two adult small-breed dogs such as Chihuahuas, Schipperkes, and Yorkshire Terriers, while others contained a single nursing mother with several of her puppies. A single fan, set atop a cage, ventilated this room (3.3(b)-Ventilation). The room was cluttered with plastic food storage bins, food bags, medicine cabinets, and spare cages (3.1(b-Condition and site).
The main kennel was inside the same enclosure that had the whelping room. It was about a hundred feet long and thirty feet wide, with pens on both long sides and a dirt walkway in the middle. Each pen was about three feet wide and eight feet long, with four foot tall walls made with PVC piping around their corners and edges and galvanized wire in between. Each pen contained a red plastic self feeder attached to one of its walls and a plastic water dish on the pen flooring that contained dingy brown water (3.10-Watering).
The dirt pen floors were covered with wood chips. They were littered and stained with more than a day’s worth of feces and urine (3.1(c)(3)-Cleaning) (3.11(a)-Cleaning of primary enclosures). Some floors had one inch thick rubber sheets with one inch wide holes. The holes of the sheets were full of feces and urine-soaked wood chips (3.1(c)(3)-Cleaning) (3.11(a)-Cleaning of primary enclosures).
Many pens also had untreated wooden boards (3.2(d)-Interior surfaces) of varying sizes set at random against the bottoms of the pens’ side walls. Some were six inches to a foot tall and two to three feet long; others were up to three feet tall and only a foot long. The boards were attached to the wire walls with bungee cords, and some boards were partially laid over each other (3.1(a)-Structure; construction). The sharp edges of the boards were protruding into the pens (3.1(c)(1)(ii)-Surfaces).
Each pen contained four to six adult dogs. The breeds included Shih Tzus, Chihuahuas, Maltese, and Yorkshire Terriers. In the walkway between the pens, fans of various sizes (from one to three feet in diameter) had been set-up to blow into the pens.
Ginger Johnson’s facility had a main kennel and breeding area, a kennel for puppies, and a section of outdoor pens.
One entire length of the main kennel had outdoor cages that linked to indoor cages. There were about 400 cages on this wall that were stacked in three layers. All of the cages were about 18 inches tall and wide. They were made with wooden beams at the corners and had treated-wire sides, tops, and floorings.
Most of the dogs weighing ten or more pounds were placed two to a cage, while dogs less than ten pounds were placed three to a cage. Several cages each contained four dogs about 10 inches long (3.6(c)(1)(i)-Primary enclosures, Space). Opposite the indoor cages were cages with nursing mothers, approximately 10 to 15 inches in length, with four to six puppies (3.1(c)(1)(i) and (ii)-Primary enclosures, Space).
Two doors were open on each of end of the building. One end had a fan about four feet in diameter blowing air into the building. There was no other source of ventilation in the building, and a strong ammonia odor filled the structure (3.3(b)-Ventilation). With the lights off in the building, the entire building was pitch black; yet, with the lights on, light was dim at best in the inside cages (3.3(c)-Lighting).
Behind this building (on the side away from the Johnson house) were sets of outdoor enclosures. Unless noted otherwise, these pens had six-foot-high chain link walls with a two-foot-wide doorway on one side, red tarps laid down for flooring, and a self-feeder made of PVC piping about six feet long. The dispensing ends of these pipes rested on metal dishes on the pen floor. They had not been placed in a manner to minimize contamination by excreta (3.9(b)-Feeding.)
One pen about five feet wide and ten feet long contained two adult Airedale Terriers and a plastic, igloo-type dog house about three feet tall and about three feet wide. A metal and a plastic water dish were on the pen flooring. The center of a red tarp over the top of the pen sank more than a foot into the pen from the weight of water in it (3.1(f)-Drainage).
Another white plastic pen about ten feet wide and ten feet long contained three adult Schnauzers with matted fur (2.40-Vet Care). A plastic water dish on the flooring of the pen was filled with yellowish-green water (3.10-Watering). A red tarp about three feet wide and ten feet long was stretched over the top of the pen. The flooring was stained brown in several areas, some patches more than a foot in diameter (3.1(c)(1)-Surfaces).
A third pen about five feet wide and ten feet long contained two adult Italian Greyhounds. The pen had no tarp on top or windbreaks on its sides, had a plastic water container on the ground, and a tarp flooring stained brown in several areas, including one spot about 18 inches in diameter with standing water in it (3.1(c)(1)-Surfaces) (3.1(f)- Drainage). This pen also had a plastic dog house.
Another pen about ten feet wide and ten feet long contained three adult Schnauzers with matted fur (2.40-Vet Care). The pen had two plastic dog houses. The flooring of the pen was stained brown in several areas, including some spots more than 18 inches in diameter (3.1(c)(1)-Surfaces). The pen had a red tarp about five feet wide and 10 feet long covering it.
A fifth pen about ten feet wide and ten feet long contained three adult Beagles. This pen, too, had a plastic dog house. The flooring of the pen had thick stains that were in some places half an inch thick and looked and smelled like feces (3.11(a)-Cleaning of Primary Enclosures). Two plastic water dishes were placed on the ground of the pen. A tarp about ten feet long and eight feet wide was over the top of the pen. One corner of the tarp was hanging about two feet down into the pen itself (3.1(a)-Structure; construction)
A sixth pen about ten feet wide and ten feet long contained two Schnauzers with matted fur (2.40-Vet Care). The pen had six-foot-tall chain link walls on three sides. The fourth wall was galvanized wire with a three-foot-wide chain link doorway. The pen contained a single plastic dog house about two feet tall, two feet wide, and about three feet long – not of sufficient size to allow both Schnauzers to lie in it in a normal manner or turn about freely in it at the same time (3.4(b)-Shelter from the elements). A plastic water dish was lying on the tarp flooring of the pen and had yellowish-green water in it (3.10-Watering), and a smaller back plastic dish was also lying on the pen flooring. A red tarp about ten feet long and eight feet wide was covering the top of the pen, though one corner of the tarp was hanging down over two feet into the pen (3.1(a)-Structure).
Another housed three adult Schnauzers with matted fur (2.40-Vet Care). Rusty metal beams ran along the bottom of the wire cages (3.1(c)(1)(i)-Surfaces). Tarps covered three walls and the top of the pen, and one ten foot wall was half-covered by a tarp. There was a plastic water dish in the pen that was filled with yellowish-green water (3.10-Watering). The pen contained also contained a single plastic dog house about two feet tall, two feet wide and three feet long, which was not large enough to allow all of the Schnauzers in the pen to lie in a normal manner or turn about freely together (3.4(b)-Shelter from the Elements).
An eighth pen housed four adult Italian Greyhounds. Two plastic water dishes, one with yellowish-green water, were on the red tarp flooring (3.10-Watering). This pen also included a plastic dog house. Tarps ran the length and width of one five foot wall. A tarp on the top of the pen hung down about four feet into the pen from one corner (3.1(a)-Structure; construction).
The galvanized wire wall of the eighth pen served as a common wall for another five-foot-wide and ten-foot-long pen housing two adult Schnauzers. The other three walls of the pen were six-foot-tall chain link wire. A yellow water bucket filled with brown water was on the pen’s tarp flooring (3.10-Watering). No tarps at all were attached to the pen, though there was a plastic dog house about two feet tall, two feet wide, and three feet long in the pen.
A ninth pen housed two adult West Highland Terriers. The red tarp flooring was stained brown in several areas and smelled of feces (3.1(c)(1)-Surfaces). There was an empty metal water dish in the pen, as well as a plastic dish filled with yellowish-brown water (3.10-Watering). A tarp ran half the length of the top of the pen (five feet long and wide) and along a five-foot wall of the pen. This pen contained another plastic doghouse.
Four pens, each containing two Schnauzers, were adjacent to each other in a square formation. Each pen was about ten feet wide and ten feet long. Pens contained large amounts of feces which appeared to have not been cleaned up in more than a day (3.11(a)-Cleaning of primary enclosures). Further, tarp flooring exhibited large brown stains (some more than a foot in diameter) (3.1(c)(1)-Surfaces). Two of these pens each had two puddles of standing water about a foot in diameter and one had a puddle of water about ten inches in diameter (3.1(f)-Drainage). Each pen also had a plastic dog house. Plastic water dishes were filled with yellowish-green water (3.10-Watering). Two of the pens had tarps attached to their ceilings. They were hanging down the pen walls and not covering the tops of the pens (3.1(a)-Structure; construction).
One of these pens housed two adult West Highland Terriers, and the other housed four adult Brussels Griffons. Each of these pens contained a plastic dog house about two feet tall, two feet wide, and three feet long. The dog house in the Brussels Griffon pen was not large enough to allow all of the dogs inside to lie down in a normal manner or turn about freely (3.4(b)-Shelter from the elements). A plastic water dish in the West Highland Terrier pen contained dirty brown water (3.10-Watering). Both pens had large brown stains on the tarp flooring (3.1(c)(1)-Surfaces) and a quantity of feces signaling each pen had not been cleaned in more than a day (3.11(a)-Cleaning of primary enclosures).
Another, similar set of four pens was located next to the pens described above and contained similar dog houses. Two pens each housed two adult Schnauzers, one housed two adult West Highland Terriers, and another housed two adult Airedale Terriers. Flooring was covered with brown stains (3.1(c)(1)-Surfaces) and enough feces to suggest it had gone more than a day since cleaning (3.11(a)-Cleaning of primary enclosures).
The pen containing the Airedale Terriers had a tarp about ten feet long and five feet wide over it with one corner hanging more than a foot into the pen (3.1(a)-Structure; construction). Both of the pens containing Schnauzers had the same size tarps. One of these tarps had an unattached corner hanging more than a foot into the pen (3.1(a)-Structure; construction). There were two unsecured two-by-four wooden boards on top of the tarp to hold the tarp in place (3.1(a)-Structure; construction). The tarp of the other pen was completely unattached to one wall and hanging down into the pen (3.1(a)-Structure; construction). One Schnauzer pen contained a metal water dish filled with brown water (3.10-Watering). The rim of the bowl had jagged edges all the way around (3.1(c)(1)(ii)-Surfaces).
Wilma Harris’ kennel consisted of two Sundowner kennels about 100 feet from the owners’ house, several outdoor pens set on concrete slabs, and a structure with indoor/outdoor pens similar to a Sundowner kennel but with the all of the cages on a single level. Several other pens set on the dirt ground were linked directly to the Harris house.
Two Sundowner kennels
The two Sundowner kennels were within 15 feet of each other. One was set so that cage ends faced the house. This kennel had Yorkshire Terriers on the bottom level and Brussels Griffons and Yorkshire Terriers on the top level. Two Poodles were in an end cage on the bottom level. In one pen, a Yorkshire Terrier that Harris said was about 11-years-old had thick green mucous around its right eye, which was tearing and twitching (2.40-Veterinary care).
All of the cage doors, including all of the cage doors of every Sundowner outside cage, were made of untreated wire; most were rusting (3.1(c)(1)(i)-Surfaces). Many of the wire ceilings and walls of the Yorkshire Terrier cages were bent as if they had been repeatedly rammed by the dogs inside (3.1(a)-Structure; construction). An outside wire wall of the bottom cage furthest from the road showed about a four-inch gap at the top corner closest to the kennel structure (3.1(a)-Structure; construction).
The underside of the plastic sheeting used to catch feces and debris underneath the top cages was discolored and had large flecks of feces and debris on it (3.11(a)-Cleaning). There was thick, dirty build-up on the metal doggie doors at the backs of the cages and the back walls of the outside enclosures (3.11(a)-Cleaning of primary enclosures). Loose pen wiring and a 10-foot-long piece of PVC piping were on the ground underneath the bottom row of cages (3.1(b)-Condition and site).
The opposite side of this Sundowner kennel had Poodles and Yorkshire Terriers. The cage doors of the top and bottom level cages of this side of the Sundowner also were made of untreated, rusting wire (3.1(c)(1)(i)-Surfaces). A Poodle in a bottom cage had yellow and brown stains on its white fur (2.40-Vet Care). A dog that appeared to be a cross between a Poodle and West Highland Terrier had long matted fur stained yellow (2.40-Vet Care).
The second Sundowner kennel housed Pugs, Yorkshire Terriers, and Cocker Spaniels. The top cages on each side of this Sundowner held nursing Cocker Spaniels with several puppies whose feet were small enough to slip through the holes in the treated-wire bottoms of their outside cages (3.6(a)(2)(x)-Primary enclosures).
An outdoor kennel area had about 10 pens, each pen about four feet wide and six feet wide with six-foot-tall chain link walls. One pen had two, 100-pound Dogue de Bordeaux. Another pen had two 60-pound Standard Poodles. Yet another pen held two 80-pound Labrador Retrievers. Each pen had a single plastic igloo-type dog house about three feet tall, wide, and long – not large enough for both dogs in the pen to lie in it in a normal manner or move about freely within it (3.4(b)-Shelter from the elements). Each pen also had a plastic water container and metal self feeder. Mr. Harris cleaned the concrete floorings of the pens by throwing five gallon buckets of water into the pens with the dogs still in the pens (3.11(a)-Cleaning of Primary enclosures).
Another kennel nearest the road had indoor/outdoor cages of a Sundowner fashion. The four cages, about three feet long, two feet high, and two feet wide, were made of treated wire. The cages closest to the road contained Lhasa Apsos with matted fur (2.40-Vet Care). The cages on the other side of the kennel contained English Bulldogs with less than six inches of space from the tops of their heads to the tops of the outside cages (3.6(c)(1)(iii)-Primary enclosures).
PVC piping ran under each cage, up the cage side, and over the cage top to the indoor enclosure. Each cage had a doggie door at its back for access to the indoor cages. Plastic sheeting was set below the cages for catching feces and debris.
Unsecured green fiberglass panels placed on the piping covered the tops of the cages. Mr. Harris also demonstrated how he cleaned feces off of the bottom paneling under the Lhasa Apso cages by spraying it with a water hose. Some of the Lhasa Apsos did not retreat through their doggie doors to avoid the spray, consequently they were showered with water and feces sprayed against the back walls of their cages (3.11(a)-Cleaning of primary enclosures).