An Urgent Message From NJFDC President, Jeffrey Ball
The Knock On Your Door
For All Dog Owners, Fanciers and Hobby Breeders
BANG. BANG. BANG. There’s a loud knock at your door, and no, it’s not UPS delivering your order from QVC or Amazon.com.
Rather, it’s the health department inspector and the local animal control officer, demanding entry to your private home for the court ordered 30-day inspection.
You have a sick feeling in the pit of your stomach, your hands are cold and clammy and the stress of the situation is making you nauseous. Your mind is racing and your heart is fluttering….
Did you finish vacuuming? Is there any dog hair on the carpet? Did any of your dogs have an accident – or are they barking too loudly?
Will they find anything today – a hair out of place, water too low, too high, any kibble on the floor?
What will they write in the report – or will they make something up just to have something to report?
The Nightmare
Close your eyes and imagine this is happening to YOU. Today. Right here in New Jersey.
As a dog fancier – does this sound like your worst nightmare?
Well, this nightmare is real and in fact it’s happening right here in New Jersey to one of our fellow fanciers and hobbyists, Danielle Weitz of Franklin Lakes.
You’ll want to pay very close attention, because this could happen to you.
Believe me when I say this is not a situation I would want for any member of any of our clubs. But first, a little history.
The Background
For nearly three years, Danielle has been the target of ongoing harassment, investigations and prosecution by the Borough of Franklin Lakes, based on two anonymous phone calls that alleged her home was filthy and that her dogs were malnourished and in bad shape.
Those allegations turned out to be completely false.
Nevertheless, Danielle has endured numerous subsequent visits by the health department officials, and local animal control – visits that have failed to produce any evidence of any wrongdoing whatsoever.
In fact, Danielle Weitz was never once cited for any animal neglect or cleanliness violations.
To the contrary, Danielle’s home and yard were found to be clean and sanitary. And Danielle’s dogs were found to be healthy and happy.
But town officials were not to be stopped. They tried to impose a limit law to no success, and asked zoning officials to estimate how much of her home she allegedly used as a ‘commercial” facility.
Despite the fact that no zoning official ever entered her home – he issued a citation alleging she was using her home as an illegal business.
Are you concerned yet?
The Evidence & Conviction
In October of 2012, after many appearances and delays, Franklin Lakes called her into court once more, and this time, Danielle was convicted of “failure to apply for a kennel license”. The earlier charge from zoning was dismissed.
Now like most of us, Danielle does not operate a commercial facility. She owns, breeds and shows German Shepherds as a hobby, out of her home. She did not apply for a kennel license because she did not think she needed one, and she knew she could never comply with the rules and regulations regarding kennels.
So where was the evidence of any wrongdoing?
She took advantage of the AKC’s Online Breeder Classifieds when she registered a litter, and filled out the Breeder Profile. She checked off the usual boxes, including that she would provide a Bill of Sale (as is required by New Jersey law), and that she would take a puppy back at any time if the owner found themselves incapable of keeping the dog.
The Franklin Lakes Prosecutor argued that her acknowledgement that she sold puppies was enough to convict her under that State’s Kennel Licensing statute, N.J.A.C. 8:23A-1.1, which defines “kennel” as meaning:
“Any establishment wherein or whereupon the business of boarding or selling or breeding dogs for sale is carried on, except a pet shop”.
The judge agreed that the sale of a puppy constituted a business, and that a kennel license was required.
How many fellow fanciers or hobby breeders do you know who could be charged, tried and just as easily convicted under this statute?
The 900 LB. Gorilla
The real problem is that the State’s statute was written in a time when an occasional litter was regarded as a routine part of the hobby, and a good thing for all concerned. Discerning puppy buyers know that the best bred puppies come from “hobby breeders.”
Fast forward to a time when most people – and yes, judges sitting on the bench in local or country courts – have relatively little knowledge or understanding of animal husbandry or the sport of purebred dogs.
But there’s even a bigger problem …… and that is what Danielle’s sentence means for each and every one of us here in New Jersey.
The order in October 2012 by Franklin Lakes Municipal Court Judge Francis J. Leddy, which was subsequently upheld in an appeal hearing in February of 2013 by Judge Eugene H. Austin, J.S.C. of the Superior Court of New Jersey, includes the following:
A complete ban on breeding and selling any dogs
Mandatory home inspections every 30 days by local authorities to make sure no breeding is taking place – in perpetuity
There it is – the 900 lb. Gorilla – and it’s breathing rather heavily down our backs.
The Stakes Are High
Many of us have worked very hard over the years to build a breeding program that benefits our lines, our breed, our sport and the health and welfare of all of our dogs.
We travel to shows, talk with other fanciers, hobbyists and breeders and our dogs are at the center of our lives.
Yet all of this could all disappear very quickly.
If Danielle Weitz’s sentence is allowed to stand, our very future as dog owners and fanciers and breeders is at stake.
If Danielle Weitz’s sentence is allowed to stand, there may not be any future at all.
A complete ban on home breeding (without a kennel license and its twenty-three pages of regulations) means no more quality dogs in the state.
Who among us is willing to endure mandatory 30-day inspections to prove we are NOT breeding – in perpetuity?
Most importantly – if this sentence is allowed to stand – it will become a precedent for your town and other municipalities in New Jersey to follow.
We have roots here, families and jobs. We aren’t criminals, and shouldn’t have to hide as if we were.
It’s time we stand up for our dogs, our fellow fanciers, our sport and ourselves.
Standing Together
What if there’s a knock on your door? What if they come for you following an anonymous call making false allegations?
It won’t matter if you have one dog or twenty. It won’t matter if the allegations are true or false, you will still be subjected to an investigation that may drag on for months or even years.
The BIG question is this…. Will your fellow fanciers and club members stand up for you?
Or will they stay silent or abandon you and hide because they won’t want to invite any scrutiny themselves?
We would all recognize the following quote from one of our founding fathers,
“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety”.
– Benjamin Franklin, November 1755 – Historical Review of Pennsylvania
It’s time we stand together, and stand up for each other with a strategy that can help support our clubs, our members and our sport.
The New Jersey Federation of Dog Clubs, its more than 80 different member clubs and the American Kennel Club have a long and venerable history, built on high levels of moral conduct, responsibility and good sportsmanship.
And each of us, in our own way, has contributed to the betterment of our clubs and our communities through our love of the sport of purebred dogs.
We must leverage our combined strengths, our history, and our experience for the purpose of safeguarding our future.
And we must do so but standing together – not apart.
The State Supreme Court Appeal
Denville attorney Gregg D. Trautmann has undertaken Danielle’s case, filing an appeal to the Superior Court of New Jersey Appellate Division.
But Danielle can’t do it alone.
She needs the critical financial support of our community to see this case through.
While Mr. Trautmann has been exceedingly generous with his time, the legal fees are beyond the financial means and scope of Danielle.
This need for legal support is even more urgent, since the outcome of her case will have a direct and lasting impact on the future of the sport of dogs in New Jersey.
It’s your future, our future. My future.
This case raises even greater issues, because the very values we hold dear as citizens of the United States of America are at stake.
I’m speaking specifically of the protections granted each of us under Fourth Amendment of the United States Constitution, which includes:
The right to be secure in our homes
The right to own property
The right to privacy
The protection against warrantless search and seizure
We do not waive these rights just because we are dog owners, fanciers and hobby breeders.
However, that’s not how local officials in Franklin Lakes see things, and they’ve told Danielle this can all go away if she just gives up.
During arguments at the Superior Court of Bergen County, prosecutor DiMaria claimed that this case was so important that he could invoke police powers and have Danielle’s home searched “every day, if I wanted to.”
No warrant necessary.
Take Action and Take Command
Taking command of our future requires taking action as a team. It requires dedication, determination and focus.
The good news is that it’s relatively simple to take actions that can have an immediate impact on the outcome of this case.
6 Simple Steps To Save Our Dogs
Don’t let the Borough of Franklin Lakes or the State of New Jersey take away your rights!
Take action by immediately taking the following actions TODAY:
Donate By Phone – Call Trautmann & Associates at 973-627-8000
Donate By Mail – Make check payable to:
Trautmann & Associates
64 Diamond Spring Rd.
Denville, NJ 07834
ATTN: State vs. Danielle Weitz
Donate Online – Visit NJvsDogs.com/donate & select an amount
Volunteer – Volunteer to make a phone chain, organize a bake sale or silent auction to benefit this cause & donate the proceeds via Trautmann & Associates
Share This Letter – Post this letter to your club’s website, email it to your own list, create your own blog post, share it on Facebook, Tweet your friends – share this urgent message with everyone you know
Don’t Stop! Do not let anyone tell you this is not your case, not your business, doesn’t affect you – or that someone else will take care of it. This is your business, your rights, your dogs, your future, and your life.
For more information, visit: NJvsDogs.com
Thank you for your dedication to our dogs, our country and protecting the rights and responsibilities that we all share.
Yours in dogs,
Jeffrey Ball
President
New Jersey Federation of Dog Clubs
