Associated Humane Societies-Newark Violates State Law and the New Jersey and Newark Health Departments Look the Other Way

Newark has long had severe problems with Associated Humane Societies-Newark. Over 50 years ago, the modern form of AHS-Newark began with a corrupt contract that a court threw out and resulted in AHS long-time Executive Director, Lee Bernstein, being sentenced to jail. In 2003, the New Jersey Commission of Investigation issued a scathing report on AHS that found the organization raising massive amounts of money and failing to properly care for their animals. Over the years, state health department inspectors uncovered horrific problems and former Mayor Cory Booker tried to build a new no kill shelter to replace AHS-Newark. I published blogs about how the shelter killed massive numbers of Newark animals and broke state law left and right.

The New Jersey Department of Health found horrific problems at AHS-Newark in 2017. You can read the August 22, 2017 inspection here, the September 26, 2017 inspection here and the October 20, 2017 inspection report here. Overall, the problems were so severe that authorities charged former Executive Director, Roseann Trezza, with animal cruelty. Ultimately, the prosecutor and Roseann Trezza entered into an agreement in May 2018 to supposedly bar Ms. Trezza from the Newark shelter for two years and make her pay a $3,500 fine in exchange for dismissing the charges.

After the October 20, 2017 New Jersey Department of Health inspection, the state health department stopped inspecting AHS-Newark. As I documented at that time, the City of Newark and its health department inadequately inspected the shelter for years and tried to sweep the problems under the rug. In fact, the Newark Department of Health and Community Wellness reported few to no issues around the same times the state health department found massive problems in the past and in 2017.

The Department of Health and Community Wellness official overseeing the AHS-Newark inspection process uncovered the City of Newark’s intentions in 2017. Specifically, Michael Wlison, City of Newark Manager of Environmental Health, stated a “feasibility study” found it was cheaper for the City of Newark to contract with AHS-Newark than to build and operate their own shelter. Additionally, Michael Wilson mentioned unnamed “political issues” in what seemed as a justification to keep contracting with AHS-Newark.

Ultimately, the City of Newark did not pursue operating its own shelter. After Newark and AHS-Newark had a significant contract dispute in March 2018, AHS-Newark stopped providing any services during a second dispute in November 2018. Subsequently, AHS-Newark contracted with St. Hubert’s for around six months. St. Hubert’s terminated its arrangement with Newark citing “financial hardship” in April 2019 and the City of Newark contracted again with AHS-Newark at around a 50% higher monthly cost than its previous arrangement with the shelter.

Has AHS-Newark improved since this time? Is the New Jersey Department of Health and Newark Department of Health and Community Wellness ensuring AHS-Newark follows state law and treats animals properly?

Data Reviewed

To get a better understanding of the job the Newark Department of Health and Community Wellness did at inspecting AHS-Newark, I submitted an Open Public Records Request for all AHS-Newark inspection reports conducted from January 1, 2019 until early September 2020. The City of Newark sent me a number of inspection reports, emails and AHS-Newark records. You can see all the records at this link.

Overall, the inspection reports were of poor quality. Specifically, the inspectors frequently reacted to complaints and did not proactively inspect the shelter for other problems. Additionally, the inspectors did not even take the time to type out their findings. Instead, they appeared to just quickly write down a few notes that were often difficult to read. Additionally, it was often impossible to determine which set of inspection report notes related to which specific inspection. Thus, the Newark Department of Health and Community Wellness continued to do a poor job at inspecting AHS-Newark.

City of Newark’s Poor Quality Inspections Still Find Problems in 2019

Michael Wilson inspected AHS-Newark on April 15, 2019 and gave the shelter a Conditional A grade. As you can see, the inspection only took a mere one hour and 15 minutes and noted an isolation room violation. Unfortunately, I could not find any accompanying notes detailing the nature of the violations.

While I could not determine if the inspection notes below were from the April 15, 2019 inspection, they did lay out some serious issues. AHS-Newark again had food debris, which can lead to rodent infestations, a broken baseboard, an unsanitary isolation room in the shelter’s infamous basement, had a dirty area with dead animals and also failed to finish the required painting in the facility. Thus, even the inept Newark Department of Health and Community Wellness found serious problems.

Miraculously, Michael Wilson came back to the shelter eight days later and gave the shelter a “Satisfactory” grade with no comments in the inspection report provided to me.

Newark Health Department Finds Massive Problems in 2020

After receiving a complaint on January 6, 2020, Michael Wilson inspected the shelter three days later. The complaint alleged the shelter had a foul odor, unsanitary conditions and cats having upper respiratory infections. During the inspection, the Newark Department of Health and Community Wellness found the shelter had a “strong animal odor”, all the main dog kennels required painting/stripping and pigeons inside the facility. Mr. Wilson ordered the shelter to separate dogs and cats to reduce stress (i.e. cats are a prey to dogs and cats understandably are scared in such an environment) and get more volunteers to provide mental stimulation to the animals.

In February 2020, the New Jersey Department of Health received multiple complaints about a serious disease in a dog that died at AHS-Newark and the shelter imposing a quarantine in part of the facility. Instead of inspecting AHS-Newark, the New Jersey Department of Health inspector, Linda Frese, told the Newark Department of Health and Community Wellness to investigate and ensure there was no outbreak at the shelter and in the community.

Once again, Michael Wilson conducted a reactionary and low quality inspection on February 19, 2020. In the report, Mr. Wilson noted AHS-Newark had 284 dogs and 359 cats at the facility. This was a dramatic increase from the 117 dogs and 49 cats the shelter had in the April 15, 2019 inspection report. Therefore, the risk of a disease outbreak was much greater. Despite this, the inspector only noted a fire inspection violation. Mr. Wilson did not even provide an inspection grade nor write down when he completed the inspection to let us know how long this inspection was.

The inspection report comments raise serious question about the job Michael Wilson did. Mr. Wilson obtained an “Interim Report” from Cornell University that showed the deceased dog had a “Moderate Positive” result for Coronavirus PCR and “High Positive PCR, Beta” for Mycoplasma cynos. The report stated these were preliminary results and additional testing was in progress. While Michael Wilson’s inspection report comments stated he was waiting for final results, the City of Newark did not provide them to me. Thus, the Newark Department of Health and Community Wellness did not appear to obtain the final report.

The inspection report comments also showed no proactive efforts in this inspection. Basically, Mr. Wilson reiterated the Cornell University preliminary report’s findings. Additionally, he wrote some quick notes about cleaning protocols, but they seemed more like what the shelter told him rather than him actually observing the staff. For example, the report states the shelter cleaned daily, but then cleaned more after receiving the preliminary report. However, Mr. Wilson could not obtain a cleaning log to verify that claim. Also, I also found it a bit unusual that the shelter stated it got a new supervising veterinarian on the very day this sick dog died in his cage. Thus, I did not get a warm fuzzy feeling after reading this shoddy inspection report.

Massive Problems Emerge Recently

The Newark Department of Health and Community Wellness inspected AHS-Newark after receiving a complaint about cats at the shelter on August 10, 2020. During this inspection, Michael Wilson, who apparently got a promotion to Chief REHS, assigned another person to inspect the shelter. Based on the inspector’s report and email to Michael Wilson, the inspector simply talked with Assistant Executive Director, Ken McKeel, and the shelter manager, reviewed “some med records” and hardly did anything else.

Despite this being an inadequate inspection, the report noted 60 under 8 week kittens died of Feline panleukopenia. According to the UC Davis Koret Shelter Medicine Program, Feline panleukopenia is a devastating disease that “causes vomiting, diarrhea, and can cause sudden death in cats”, is transmitted through cat feces or poop and can last in a shelter for months or even years without proper disinfection. The virus is transmitted primarily by the fecal-oral route (including through exposure to objects/clothing/hands contaminated with virus from feces). FPV is very durable and can persist in the environment for months or even years unless inactivated by an effective disinfectant. However, the UC Davis Koret Shelter Medicine Program also states its very preventable through common sense measures:

Although panleukopenia can be a scary and potentially devastating disease in a shelter, reliable vaccination on intake, effective routine cleaning with a parvocidal disinfectant, and housing that minimizes fomite transmission will greatly reduce the risk of spread. With new tools for diagnosis and risk assessment, even outbreaks can generally be managed without resorting to depopulation.

Even though AHS-Newark was clearly not following these disease prevention and control guidelines, the wonderful Newark Department of Health and Community Wellness inspector simply stated management was doing things to minimize this disease. The inspector made some general comments about vaccination protocols, cleaning and isolating animals. Nothing in the report indicates they observed the shelter doing these things, obtained the specific detailed protocols from the supervising veterinarian and observed all the shelter’s cats for signs of disease. However, the report noted AHS-Newark had over 400 cats (up from 49 cats and 284 cats from other inspections) and 589 other animals in the building. Based on AHS-Newark’s 2019 Shelter/Pound Annual Report, the shelter’s cat capacity is 300 cats and 275 dogs and other animals. In other words, the shelter exceeded its cat capacity by over 33% and its dog and other animal capacity by almost 100%. Thus, AHS-Newark was at high risk of disease outbreaks.

The Newark Department of Health and Community Wellness inspection did little to reduce AHS-Newark’s issues as complaints poured into the New Jersey Department of Health. In a September 2, 2020 email from New Jersey Department of Health inspector, Linda Frese, Ms. Frese stated the shelter received “a few extensive complaints regarding the current conditions at the Associated Humane Societies in Newark.” Specifically, Ms. Frese mentioned cats dying from Feline panleukopenia, animals not being properly identified, the shelter cleaning with animals in their cages that resulted in chemical burns, animals not receiving proper medical care and the shelter possibly not having a required supervising veterinarian. Additionally, AHS-Newark was alleged to not have air conditioning in its ACO vans that potentially caused a dog to die last August.

At the end of the email, Linda Frese requested they have a conference call to discuss the complaints. What was Michael Wilson’s response just twenty minutes later? Three words: “Will investigate ASAP.”

Clearly, Linda Frese was alarmed at this response as she laid out a detailed email stating all the things the Newark Department of Health and Community Wellness should look for. Additionally, Ms. Frese asked Michael Wilson to have his inspectors check “all the hidden rooms throughout the facility.” After reading this email, I got the impression Linda Frese did not trust Michael Wilson’s inspectors to do the job correctly.

In response, Michael Wilson sent one of his inspectors in and they once again did a reactive and poor quality inspection. First, the inspector did not even complete an inspection report. Instead, they just listed out the New Jersey Department of Health’s areas to investigate and wrote mostly one or two sentence responses. Once again, the inspector often relied on AHS-Newark’s assertions. For example, the inspector simply accepted management’s word that 1) animals are removed from cages during deep cleaning, 2) all the animal control vans have air conditioning despite multiple allegations that these vehicles don’t and one dog died and another dog became seriously ill in one of these vehicles and 3) that animals are euthanized humanely. Thus, this was another inadequate inspection.

Despite the poor quality inspection, the report still found numerous violations of state animal shelter laws. The shelter admitted more kittens died the night before which could indicate violations of N.J.A.C. 8.23A-1.9 (c) that requires animals be observed daily for illness and receive prompt treatment. AHS-Newark also didn’t know the amount of water and disinfectant used in its solutions to clean cages. Obviously, the correct ratio of water to disinfectant in these solutions is critical to ensure proper disinfection and safety for the animals (i.e. avoid chemical burns, breathing in chemicals, etc.). Clearly, the shelter violated N.J.A.C. 8.23A-1.8 (c) that states shelters must clean with “all soiled surfaces with a detergent solution followed by a safe and effective disinfectant.” The shelter also violated N.J.A.C. 8.23A-1.6 and N.J.A.C. 8.23A-1.8 by not taking animals out of their cages during cleaning and allowing the animals to be in the enclosures while they were still wet. Also, AHS-Newark did not have hand drying paper which also violates N.J.A.C. 8.23A-1.8 (d) that states “Premises (buildings and grounds) shall be kept clean and in good repair in order to protect the animals from injury and disease, to facilitate the prescribed sanitary practices as set forth in these rules, and to prevent nuisances.” AHS-Newark also had numerous cats with no identification cards (i.e. how can the shelter know the medical history of animals and provide treatment if it can’t tell which cats are which). This violates N.J.A.C. 8.23A-1.13 which requires the shelter have accurate records of each animal.

The inspection report indicates AHS-Newark may have violated the humane euthanasia regulations in N.J.A.C. 8.23A-1.11. AHS-Newark records did not show it weighing animals to ensure it gave sufficient sedatives and euthanasia drug doses. Similarly, the euthanasia records did not indicate the shelter used the required humane injection method (typically intravenous). Additionally, the shelter provided no documentation that individuals who were not veterinarians were properly certified to humanely euthanize animals. Finally, AHS-Newark provided no documentation that it confirmed euthanized animals lacked a heartbeat, pulse, respiration and eye movement to ensure the animals were in fact dead before they was disposed of or cremated. Thus, AHS-Newark’s records indicate it may have violated N.J.A.C. 8.23A-1.11.

Subsequently, Michael Wilson stated AHS-Newark had several of these violations. In addition, Mr. Wilson said AHS-Newark broke the law by not reporting bites to the Newark Department of Health and Community Wellness.

Miraculously, Michael Wilson’s inspectors visited AHS-Newark the next day and jotted down a few messy handwritten sentences stating the shelter fixed the violations. Furthermore, the inspectors gave AHS-Newark a “Satisfactory” grade despite the report indicating the inspectors did not do a full inspection. Does anyone in their right mind believe AHS-Newark should have a “Satisfactory” rating?

Subsequently, the New Jersey Department of Health’s Deputy State Public Health Veterinarian (i.e. Linde Frese’s boss) told Michael Wilson to investigate a case of a Shih-tzu dog alleged to have its coat matted with maggots and to not have received medical care for days. In fact, the complaint alleged the infection was bad enough that it could require a veterinarian to amputate the leg. This dog allegedly arrived at AHS-Newark on the very day the Newark Department of Health and Community Wellness last inspected AHS-Newark and gave it a “Satisfactory” grade. Interestingly, Michael Wilson forwarded this email to two of his inspectors stating he wanted them to jointly inspect AHS-Newark. In my opinion, this seems like he lacked confidence in his inspectors to individually do the job right.

The Newark Department of Health and Community Wellness inspected AHS-Newark the very next day and found everything hunky dory. Specifically, the inspectors saw the dog and the animal had his/her wound treated with pain medicine and an antibiotic. The shelter’s records indicated the dog came in on September 11, 2010, which was a day after the September 10, 2020 date the person making the complaint stated. While the inspector did review the shelter’s intake records for September 10, 2020, I don’t think the inspector can rely on such records given AHS-Newark’s repeated inability to keep accurate records. In other words, if the dog really came in on September 10, 2020 (i.e. if AHS-Newark did not enter the animal into its records until September 11, 2020) and did not receive treatment until the next day, AHS-Newark would have violated N.J.A.C. 8.23A-1.9(d) 1 that requires prompt veterinary care to relieve pain and suffering. Thus, the Newark Department of Health and Community Wellness once again relied on AHS-Newark’s assertions instead of thoroughly inspecting the shelter.

New Jersey Department of Health Fails to Do its Job

Twenty one years ago the New Jersey Commission of Investigation’s first report on the state and county SPCAs analyzed the animal shelter inspection system. You can read this report starting on page 126 of this link. In summary, the report found local health departments did not properly inspect animal shelters.

The rules and regulations governing the operation and conditions of shelters are contained in a document entitled Sanitary Operation of Kennels, Pet Shops, Shelters and Pounds, which was promulgated by the state DOH. Generally, it is acknowledged that the rules and regulations are adequate, but that they are not enforced vigorously. It is evident that the thoroughness of the inspection, the findings of deficiencies and the ultimate rating of the facility are dependent upon the discretion, thoroughness and skill of the inspector. As candidly admitted by one local inspector who had not conducted thorough and probing inspections, he simply had lacked the training and experience to perform anything more than a perfunctory visit. Based upon an examination of the inspection system, inspections and the effectiveness of the system vary greatly.

The New Jersey Commission of Investigation clearly described how the state health department did much better inspections than local health departments.

There were also differences in the types of inspections that were conducted by state officials versus state inspectors and by state versus local personnel. With rare exception, the inspections conducted by state DOH officials were more thorough and more likely to cite violations than those conducted by state DOH inspectors. Examples appear below in the inspections of the Cape May County and Hudson County SPCA shelters. Where SPCA shelters were problematic, the inspections conducted by the state DOH were more thorough and consistent than those conducted by the local authorities. As evidenced by the inspection findings for the Cape May County and Hudson County SPCA shelters, more thorough inspections were performed and significant violations cited when state officials visited the shelters.

Furthermore, the New Jersey Commission of Investigation explained how local health departments (e.g. the Newark Department of Health and Community Wellness) often did not want to identify problems due to the difficulty in finding an alternative shelter. In fact, they cited Jersey City’s Hudson County SPCA. Subsequent to the New Jersey Commission of Investigation’s report, Jersey City did find a facility for the newly formed Liberty Humane Society to operate and handle the city’s homeless animals.

The Commission was told that the dilemma perceived by local inspecting authorities in dealing with any shelter that is constantly in violation is that there is no realistic alternative facility if the shelter is shut down. Clearly, this was the situation with the licensing of the Hudson County SPCA shelter, despite the persistent and serious problems found there.

In the early 1990s, the state health department had more staff and was more focused on animal shelter inspections. As the New Jersey Commission of Investigation report explains, the state health department inspected every animal shelter once every two years. Based on the number of animal shelters in New Jersey today, that would amount to around 45 to 50 inspections each year. Additionally, the New Jersey Department of Health would spend time going over the issues with the local health departments.

The role of the state DOH in conducting shelter inspections has changed dramatically over the past decade. At the beginning of the 1990s, the department’s Infectious and Zoonotic Diseases Program had more staff and its focus was considerably more narrow than it is today. There were four field veterinary technicians who inspected shelters once every two years, in addition to a coordinator who occasionally conducted inspections. Typically, joint inspections with the local health official were conducted, and the DOH inspector spent time reviewing procedures and pertinent issues with the local authority.

Beginning in the mid-1990s, the New Jersey Department of Health conducted far fewer inspections. As a result of budget cuts, the department had fewer staff and were responsible for more things. The state health department stopped inspecting shelters proactively and only responded to certain complaints. In fact, just as the New Jersey Department of Health is currently doing with AHS-Newark and other shelters, it often just referred the problems to incompetent local health departments. Nonetheless, the state health department’s animal shelter inspection function, which had three people, conducted six shelter inspections in 1999. As a comparison, the New Jersey Department of Health’s animal shelter inspection team has two members currently, and hasn’t inspected a single shelter in almost two years. In fact, the New Jersey Department of Health has not inspected any shelter other than Hamilton Township Animal Shelter since October 21, 2017 (i.e. about three years). Thus, the New Jersey Department of Health is doing an even worse job now than it did twenty one years ago when the New Jersey Commission of Investigation wrote its scathing criticism of the agency.

Commencing in about 1994, as department budgets were cut throughout state government and positions were eliminated through attrition, the program’s staff was reduced drastically. Currently, the program is not only responsible for many more areas of the public health, but its staff consists merely of the State Public Health Veterinarian, the Senior Public Health Veterinarian and one field veterinary technician. The routine, biannual inspection has been replaced by a reactive inspection, which occurs only when substantive complaints are received. The DOH, which is besieged by numerous complaints daily, dismisses many complaints because it lacks jurisdiction over the matter alleged and routinely refers complainants to the local health office even when it has jurisdiction. In 1999, the DOH conducted approximately six shelter inspections and only three as of August 2000.

The New Jersey Commission of Investigation report also criticized the state health department for failing to fine shelters for violations. While the individual fines of $5-$50 per violation are small, they can add up if the infractions involve many animals and exist for many days. At a minimum, fines can send the message the shelter must improve. As in the past, the New Jersey Department of Health failed to fine AHS-Newark for its repeated violations or even pressure the Newark Department of Health and Community Wellness to close AHS-Newark down. Given the New Jersey Department of Health did fine the East Orange Animal Shelter $4,000 in 2015 (the shelter has significantly improved since then) and asked and got the Linden Health Department to close Linden Animal Control in 2014, the state health department can take positive action. However, the New Jersey Department of Health has simply chose to do nothing in recent years.

However, the DOH does possess the statutory authority to institute enforcement proceedings to assess fines against a shelter. According to DOH officials, this remedy is reserved for only the most egregious cases. The department’s clear preference has been to bring a facility into compliance through recommendations, technical assistance and frequent reinspections. Its reluctance to institute enforcement proceedings is reflected in the facts that it has imposed sanctions only twice in the past 15 years or more and that both cases were instituted in 2000, the first at the insistence of the Attorney General’s Office and the second on DOH’s initiative.

The New Jersey Commission of Investigation severely criticized the state and local health departments coddling approach to regressive shelters twenty one years ago. Specifically, the New Jersey Commission of Investigation stated the health departments, who were doing far more then than now, must issue large fines to regressive shelters and close those facilities if they choose to not fix their problems. Most notably, the New Jersey Commission of Investigation clearly said municipalities must take over these shelters or find other ones to use.

The approach of the state Department of Health to counsel and advise a shelter’s management on how to remedy the violations and improve the conditions is admirable. However, such an approach is effective only when the management is amenable to making the improvements. When it becomes clear that such an approach is unsuccessful, then the department must be aggressive in pursuing legal proceedings. The language threatening enforcement proceedings, which typically appears in letters from the department to a shelter’s management, must be more than mere words. The failure to follow through leads to a loss of credibility for the department and reinforces the cavalier attitude of the shelter’s management. The inspecting and licensing authorities on the local level must conduct themselves in similar fashion. In the event of mounting fines and continued lack of responsiveness by shelter management, the municipality must be prepared to assume control of the shelter or entrust its operation to a suitable alternative.

The New Jersey Commission of Investigation repeated its conclusions about the inspection system in a scathing report on AHS-Newark in 2003. You can read that report here. The report made the following conclusion:

The history of AHS’s shelter operation has been dominated by deplorable kennel conditions, inhumane treatment of animals by workers, mismanagement and nonexistent or inadequate medical care. The problems were neither singular nor occasional. The accounts and descriptions provided by members of the public and former and current staff members, including veterinarians, paint a bleak picture of shelter life. The reality for the animals belied AHS’s propaganda that its “sole purpose” has been “the care and welfare of animals” and that it has “a high adoption rate.”

As a result of the New Jersey Commission of Investigation’s reports on the SPCAs and AHS, the state formed the Office of Animal Welfare and a large group of stakeholders, which was formed by an Executive Order from Governor McGreevey, issued the Animal Welfare Task Force Report in 2004. The report recommended local health authorities conduct at least two annual inspections (not counting those relating to complaints) of shelters. Additionally, the Animal Welfare Task Force report said the state health department should inspect every animal shelter at least once a year.

Local health departments should inspect each animal facility a minimum of two times per year (inspections conducted in response to complaints should not count for this purpose). DHSS should supplement local oversight by inspecting each facility at least once each year

As a result of the report’s recommendations, the Office of Animal Welfare had a staff of five people to inspect animal shelters that was in addition to the New Jersey Department of Health’s inspection staff. After a couple of years, the Office of Animal Welfare only had two staff left and they were merged into the New Jersey Department of Health’s inspection team. Based on conversations with a knowledgeable person, the two remaining Office of Animal Welfare staff conducted significantly more inspections of shelters, pet stores, etc. each year than the state health department does today. Sadly, the New Jersey Department of Health did not replace these inspectors when they left a number of years later.

Despite the New Jersey Department of Health having less personnel, I found the state health department was somewhat responsive to complaints when I began NJ Animal Observer in 2014. The New Jersey Department of Health’s inspections over this time and the results are listed below.

Even with the limited actions the state health department took, the inspections often had some positive impact on shelters (i.e. closing regressive facilities down and/or getting rid of bad management). With the strong animal advocacy community in New Jersey and the power of social media, these terrible inspection reports became known to many people. In addition, print and/or television media also often ran stories on these inspections. Thus, even with the New Jersey Department of Health doing little more than inspecting animal shelters, the impact often was significant.

As the timeline of state health department inspections shows, the New Jersey Department of Health started inspecting far fewer shelters after the 2017 AHS-Newark inspections and stopped inspecting altogether after its January 2019 Hamilton Township Animal Shelter inspection. In the last two years, numerous people have asked the New Jersey Department of Health to inspect shelters after making serious allegations. Also, staffing cannot explain the state health department’s refusal to inspect as it has the same number of inspectors over the entire time period above (i.e. 2014 to 2020). Thus, there is no substantive reason why the New Jersey Department of Health stopped inspecting animal shelters.

Clearly, the New Jersey Department of Health’s refusal to inspect animal shelters has had dire results for the animals at AHS-Newark and other regressive shelters. As the information above shows, AHS-Newark’s problems not only remain, they may be getting worse. The inspection reports indicate animals piling up in the shelter and rampant disease outbreaks. As of the time I’m writing this blog, AHS-Newark stopped adopting out dogs and sending dogs to rescues due to canine parvovirus at the shelter. In fact, the public’s frustration has grown to the point where shelter reform bill S636 includes a provision requiring the state health department to inspect every animal shelter three times a year. Given the ongoing problems at one of the state’s largest animal shelters, Governor Murphy and New Jersey Department of Health Commissioner Persichilli must provide an explanation as to why the state health department has not performed its job, make the New Jersey Department of Health inspect animal shelters, particularly those with repeated major problems, and take the actions the New Jersey Commission of Investigation and Animal Welfare Task Force demanded they do in 1999, 2003 and 2004.

Hamilton’s Horror House of an Animal Shelter

Hamilton Township Animal Shelter came under fire recently for its high kill rate and alleged violations of state law after the town poured money into its animal shelter. Despite spending over $1 million on this project and increasing its animal shelter operating budget by 56% since 2014, the shelter still killed huge numbers of animals. In 2017, the shelter’s kill rates for dogs and cats were 22% and 38%, but as many as 28% of dogs and 60% of cats may have lost their lives if animals listed in “Other” outcomes died. Furthermore, local shelter reform activist, Steve Clegg, uncovered shelter documents that suggesting the shelter illegally killed owner surrendered animals before seven days and did not have an adequate disease control program. As a result, the Hamilton Township Council announced it would investigate the animal shelter.

Recently, Hamilton Mayor Yaede and Health Officer Jeff Plunkett pushed back hard against the allegations. Mayor Yade issued a press release stating a shelter employee filed a “Notice of Claim” against several council members for allegedly creating a “Hostile work environment.” In addition, the press release cited several shelter insiders, including its veterinarian, who vouched for the shelter management. During a Hamilton Township Council meeting about the shelter, Health Officer, Jeff Plunkett, aggressively confronted critics and boldly claimed he could refute all the assertions against the shelter.

On July 16, 2018, the day before the Hamilton Township Council meeting about the shelter, the New Jersey Department of Health inspected the Hamilton Township Animal Shelter. You can read the full inspection report here. What did the New Jersey Department of Health find? Were Hamilton officials defending the shelter right or were shelter reform advocates?

Shelter Illegally Kills Animals Before Seven Days

State health department inspectors found Hamilton Township Animal Shelter killing “many animals” before seven days passed. Remarkably, the shelter killed not just owner surrendered animals, but strays as well, before seven days went by. Given the basic function of even the most regressive shelters is to allow owners to reclaim their lost pets, this is simply unforgivable.

N.J.A.C. 8.23A-1.10 (a) 1. and N.J.S.A. 4:19-15.16 Many animals were being euthanized before being held the required 7 days after intake or impoundment. Records showed that numerous stray and surrendered animals that were received at the facility by animal control officers and other individuals were being euthanized within the mandatory 7 day holding period. Stray impounded animals are required to be held at least 7 days to provide an opportunity for owners to reclaim their lost pets. Animals were also being accepted for elective euthanasia and were being euthanized on intake. In the case of an owner surrender, the facility is required to offer the animal for adoption for at least 7 days before euthanizing it or may transfer the animal to an animal rescue organization facility or a foster home prior to offering it for adoption if such transfer is determined to be in the best interest of the animal by the shelter or pound.

Animals Not Scanned for Microchips

Hamilton Township Animal Shelter failed to scan animals for microchips before animals were killed or released from the facility. Therefore, the shelter could have killed, adopted out, or transferred animals who already had families.

N.J.S.A. 4:19-15.32 Animals were said to have been scanned for a microchip on intake, but animals were not scanned again prior to release of any cat or dog for adoption, transfer to another facility or foster home, or euthanasia of the cat or dog. All impounded animals are required to be scanned for a microchip three times: upon capture by the animal control officer; upon intake to the facility; and before release or euthanasia. N.J.S.A. 4:19-15.32 Animals were said to have been scanned for a microchip on intake, but animals were not scanned again prior to release of any cat or dog for adoption, transfer to another facility or foster home, or euthanasia of the cat or dog. All impounded animals are required to be scanned for a microchip three times: upon capture by the animal control officer; upon intake to the facility; and before release or euthanasia.

Animals’ Safety Put at Risk

The shelter left a kitten in a so-called isolation room without proper ventilation. So how did the geniuses at the Hamilton Township Animal Shelter try to solve this problem? They opened a window so 90 degree outside air could flow in. In other words, the shelter left a kitten in conditions that could possibly cause heat stroke or at best make the kitten feel very uncomfortable.

N.J.A.C. 8.23A-1.4 (c) The isolation room where one kitten was housed was not adequately ventilated to provide for the health and comfort of this animal at the time of this inspection. Inspectors were told that the window to this room was opened to assist in ventilating the room, but the outside air temperature was over 90 degrees and the auxiliary ventilation (HVAC) was insufficient to remove the hot, stale air from the room.

Hamilton Township Animal Shelter stacked wire crates used for housing dogs on top of each other and were at risk of collapsing.

N.J.A.C. 8.23A-1.6 (a) Wire crates that were used to house dogs in the room where the ferret was located were stacked one on top of the other without proper support brackets creating a risk of collapsing. The wire crates used in this room were the type that are manufactured for temporary household use and are not structurally sound for use as permanent primary enclosures.

Despite spending over $1 million on a facility renovation, both the indoor and outdoor dog enclosures had peeling paint which dogs could ingest and be injured from. Furthermore, these surfaces could not dry quickly. So what was the stellar shelter staff’s solution to this problem? Leaving dogs outdoors for extended periods of time even when weather conditions were not safe for the animals.

N.J.A.C. 8.23A-1.6 (a) The surfaces of the indoor and outdoor dog enclosures in the older section of the facility had peeling paint which could cause injury to the animals if swallowed. The surfaces of these enclosures were not impervious to moisture and easily dried, therefore animals were said to be left outdoors for extended periods of time in all weather conditions while waiting for these surfaces to dry.

If that was not bad enough, the shelter exposed cats to harsh chemicals (see below) when it cleaned the shelter’s cat enclosures. The cat enclosures had no doors between the feeding and litter box sections. Hamilton Township Animal Shelter’s bright staff put towels in place of these doors when they cleaned each section of the cat enclosures. Of course, the towels were unable to block the cleaning solutions that the shelter employees would inevitably spray on the cats.

N.J.A.C. 8.23A-1.8 (a) The cat enclosures located in the new section of the facility have walls with portals between the main section of the enclosure and the feeding station and litter section. A significant aspect of these portals is to limit cross contamination that can occur when a cat is removed from the enclosure during the cleaning process and placed in an enclosure previously inhabited by another. These enclosures were missing the portal doors that separate the cat from the section being cleaned and allow them to be safely housed in the alternate section to avoid contamination from the cleaning and disinfecting chemicals during the cleaning process. The animal caretaker stated that a towel is held up over the portal when the chemicals are sprayed into the enclosure, but this is method is insufficient to safely contain and protect the animals in the enclosure during the cleaning process.

Animals Kept in Filthy Conditions

Hamilton Township Animal Shelter failed to conduct basic cleaning at the shelter. Cats were left to roam over vomited cat food on the window sill, cat furniture, scratching items and under the litter plan. In addition, the cat furniture had an accumulation of fur and litter debris. In other words, when cats rested, exercised and went to the bathroom, they had to expose themselves to old vomit and disease.

N.J.A.C. 8.23A-1.3 (f) There were several areas of vomited cat food in the older section of the facility where the resident cats roam, including on the window sill, carpeted cat furniture, and cardboard scratchers and on the carpet under the cat litter pan. The carpeted cat furniture also contained an accumulation of fur and litter debris. This area, which was previously the main entrance and reception area needed cleaning.

The shelter did not even bother disinfecting the cats’ food and water receptacles on a daily basis. In other words, cats had to consume dirty and likely disease filled food and water.

N.J.A.C. 8.23A-1.7 (e) and (h) Food and water receptacles were not being cleaned and disinfected daily as required. A bird cage located in the previous reception area of the old section of the building contained food, but the animal caretaker stated that the bird had been removed from the facility approximately two weeks prior to this inspection. The animal caretaker stated that the food and water receptacles for cats are washed with a detergent, rinsed, and hand dried, but these receptacles are not disinfected daily.

The shelter may very well have fed animals tainted food. Specifically, the shelter left a bag of dog food open and had a can of cat food that expired three years before in the refrigerator.

N.J.A.C. 8.23A-1.3 (c) Opened bags of food were not stored in sealed containers to prevent contamination or infestation. A large opened bag of dry dog food was found in the room where the ferret was located. An unopened can of kitten food which had expired in 2015 was found in the refrigerator in the isolation room.

After animals left the facility, the shelter failed to clean and disinfect their cages for extended periods of time. How much disease built up and spread while these cages were left filthy?

N.J.A.C. 8.23A-1.8 (c) The small animal cages were not being cleaned and disinfected for a significant amount of time after an animal is removed from the facility. The bird cage in the older section of the facility had not been cleaned and disinfected since the bird was removed from the premises approximately two weeks prior to this inspection. Ten empty cat cages in the adult cat room and three empty cages in the adoption room contained wood and paper litter debris and fur and had not been cleaned and disinfected the day the animals were removed from the enclosures. The animal caretaker stated that four cats had been adopted on the previous Saturday, but inspectors were unable to determine how long the other nine cages had been empty without being cleaned and disinfected. A wire dog crate that was set on the floor and did not contain a crate tray contained an accumulation of spilled dog kibble, feces, and other debris. This crate was located against the back wall directly adjacent to other crates in this room and needed to be removed from the room to adequately clean and disinfect both the crate and the floor.

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If that was not bad enough, the shelter failed to clean and disinfect the cat enclosures they did attempt to clean:

N.J.A.C. 8.23A-1.8 (c) The cleaning and disinfecting products available at the facility for the cat enclosures were not being used in accordance with the manufacturer’s label instructions and in accordance with these regulations. Enclosures are required to be thoroughly cleaned with a detergent solution, rinsed to remove the dirt, debris and chemical residue from the cleaning process, followed by the application of a safe and effective disinfectant.

Shelter staff used Mr. Clean, which apparently wasn’t very “clean”, given it had “an opaque precipitate or growth floating in the liquid.” When asked, the employee couldn’t even say what this gross substance was in the bottle. Furthermore, the shelter did not even create fresh bleach cleaning solutions each day and did not use the right amount of the bleach in the solutions. In fact, the shelter lacked even a measuring device to mix bleach and water to the proper concentration. Based on the shelter worker’s recollection, the shelter used a bleach solution that was 7-10 times greater than the required concentration. Thus, the shelter likely exposed cats to harsh bleach concentrations that could have possibly irritated the animals’ skin and lungs.

N.J.A.C. 8.23A-1.8 (c) Inspectors found a spray bottle in the cat adoption room with a Mr. Clean label that contained a clear liquid with an opaque precipitate or growth floating in the liquid. An animal caretaker told inspectors that the bottle contained bleach but was unable to determine when it was mixed or what the contamination was floating in the bottle. Bleach solutions were not made fresh daily as required and the bottles used to mix cleaning and disinfecting solutions were not marked with the contents and ratio of mixed use solution and the date the solution was prepared. There were no measuring devices available on the premises to accurately measure the disinfecting bleach and water or other chemicals as required. Inspectors were told that water and bleach was poured into containers without being measured. When an animal caretaker was asked what ratio of water to bleach was used, inspectors were told three parts water to one part bleach (1:3), which is approximately 7 to 10 times higher than the mixed use concentration specified on the manufacture’s label for disinfecting bleach, depending on the percentage of sodium hypochlorite in the product and the target organism.

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Even when the shelter put Mr. Clean down in the cat intake room, it failed to subsequently put a disinfectant down to kill pathogens. But don’t worry, the shelter had a bottle of disinfecting bleach in this area that it did not use!

N.J.A.C. 8.23A-1.8 (c) The animal caretaker stated that the cat enclosures in the intake room were sprayed down with Mr. Clean, allowed to set approximately 5 minutes to loosen the debris and wiped down before clean bedding and litter was placed into the enclosures. This cleaning step was not being followed with the application of a disinfecting solution followed by the required set time, which is usually 10 minutes depending on the product used and mixed-use ratio, to allow for adequate disinfection of the precleaned surfaces. A bottle of disinfecting bleach was found in the cat intake room, but the animal caretaker stated that it was not being used on the day of this inspection.

Building Fails to Comply with State Law Despite $1.1 Million Renovation

The shelter’s “new” section had floors with a material or coating that was not impervious to moisture. Furthermore, older sections of the facility had broken floor tiles that made the surfaces not impervious to moisture. Similarly, the indoor and outdoor dog enclosures had peeling paint making those surfaces not impervious to moisture. Thus, the shelter couldn’t clean and disinfect these areas properly even if it had correct cleaning procedures.

N.J.A.C. 8.23A-1.4 (f) The inspectors were told that the floors of the new section of the facility were unable to be disinfected because of the material or coating on these floors. The floors were not constructed so that they may be readily cleaned and disinfected as required. The floors of the older section of the facility contained broken floor tiles in some areas and therefore, were not impervious to moisture and able to be readily cleaned and disinfected. Carpeted cat furniture used for the resident cats at the facility cannot be sufficiently cleaned and disinfected. The indoor dog enclosures in the older section of the facility had peeling paint and these surfaces were no longer impervious to moisture and able to be readily cleaned.

N.J.A.C. 8.23A-1.5 (e) Surfaces of the outdoor enclosures in the older section of the facility had peeling paint and were not maintained so that they were impervious to moisture and were unable to be readily cleaned and disinfected.

Once animals inevitably got sick in this cesspool of disease, the shelter could not even properly isolate sick animals from healthy ones in the facility. Specifically, even after spending $1.1 million on a shelter renovation project, the facility lacked functioning and legally required isolation areas. Thus, sick animals likely spread their diseases to healthy animals.

N.J.A.C. 8.23A-1.9 (g) The facility does not have an isolation room to house dogs with signs of communicable disease.

N.J.A.C. 8.23A-1.9 (h) Inspectors were told that the isolation room for cats does not have an exhaust system which creates air movement from the isolation room to an area outside the premises of the facility. The HVAC system is not separated and the exhaust air from the isolation room is permitted to enter or mix with fresh air for use by the general animal population.

Shelter Fails to Provide Proper Veterinary Care

Hamilton Township Animal Shelter failed to have its supervising veterinarian establish a written and adequate disease control program. In fact, the shelter could not provide any evidence that this veterinarian had visited the facility let alone provided any care. In other words, the very veterinarian who defended the shelter in Mayor Yaede’s press release, failed miserably at his job servicing the shelter’s animals.

N.J.A.C. 8.23A-1.9 (a) The supervising veterinarian had not established a written disease control and adequate health care program at the facility and a disease control program was not being sufficiently maintained under the supervision of the veterinarian. Inspectors were told that animals are taken to three area veterinary hospitals when care is needed, and the supervising veterinarian visits the facility periodically, but there was no evidence or documentation indicating when the veterinarian had visited the facility and what care, if any, had been provided to animals at the facility. There were no veterinary medical records, veterinary treatment orders, medication administration logs or other documents available on the premises for animals that had received veterinary care from area veterinary hospitals. The veterinary hospital documents were said to be released to the adopter when the animal left the facility. Veterinary treatment documents were not kept on file for animals that had been euthanized at the facility.

The shelter’s 2018 disease control program form that must be signed by the supervising veterinarian was effectively a fake document. Specifically, the 2018 form was a photographed copy of the 2017 form with the veterinarian’s name and license number changed. The signature on this form did not match the veterinarian’s signature on the policy and procedure document stating the shelter takes sick animals to the veterinarian. Finally, the shelter’s license number listed on the 2018 form was the 2017 license number even though a 2018 shelter license number was never issued. If shelter management pulls these shenanigans with publicly accessible paperwork, can we really trust them to treat animals properly behind closed doors?

N.J.A.C. 8.23A-1.9 (b) The facility did not have a VPH-20 form signed by the supervising veterinarian for the current year indicating that a disease control and health care program is in effect at the facility. The VPH-20 form posted at the facility and dated 1/2/18 was a photocopy of the signed form dated 1/3/2017 with the date and the veterinarian’s name and veterinarian’s license number changed. The photocopied signature on the VPH-20 form did not match the signature on a policy and procedure document that stated animals with signs of illness or wounds of unknown origin are taken to a veterinarian. The veterinarian’s name was changed on both documents. Although the facility was not issued a license number when a license was issued for 2018, the photocopied VPH-20 document shows the facility license number as 090, which was the photocopied information from a previous year.

Hamilton Township Animal Shelter killed many animals citing medical conditions without having any records to indicate the facility provided any veterinary care.

N.J.A.C. 8.23A-1.9 (a) Numerous animals were recorded in the disposition logs and/or the euthanasia logs as “sick,” “very sick,” “URI,” “emaciated,” etc., but no veterinary medical records were available to indicate that these animals had received treatment before being euthanized or transferred. Examples included, but were not limited to: C538, euthanized 12/30/16, “very sick, URI since 11/28/16”; C533, C534, C535, and C536, euthanized 12/6/16, “very sick, trapped”; C546, transferred 1/12/17, “URI”; C547, died at shelter 12/9/16, “very old”; C545, euthanized 12/5/17, “very sickly”; C417, C418, C420, C421, C422, euthanized 9/22/17, “URI emaciated” (#419 died at shelter); C3, euthanized 1/18/18, “flat ear, very sickly”; C10, euthanized 1/21/18, “very sickly”; and 46 cats from a hoarding house were documented as euthanized on the same day of intake due to “medical issues.”

The shelter also had numerous expired medicines with no records indicating whether the shelter gave these drugs to animals. If the shelter did in fact give expired medicines to animals, they put the animals health at risk.

N.J.A.C. 8.23A-1.9 (a) There were numerous bottles of expired medications that had been prescribed by various animal hospitals to animals that had been housed at the facility, but there were no medication administration logs or other treatment records available to indicate why these medications had not been administered as prescribed on the prescription labels. Examples of medications included, but were not limited to: buprenorphine, expired in 2015; cephalexin, expired in 2013, and another dispensed in 2015, expired; clindamycin, dispensed in 2015, expired in 2017; Rimadyl, expired in 2017; two full bottles of expired amoxicillin-clavulanate, one prescribed to Haley and one to Connie; clindamycin prescribed to Onyx on 4/30/17, not administered; 3 boxes of Meloxidyl for cats, dispensed 8/15/15, expired in 2017; Deramaxx, expired 5/17; and a full bottle of Rimadyl prescribed to Sparky 5/2016, expired 2017.

A dog that was currently at the facility at the time of this inspection was prescribed cephalexin on 10/13/15 (20 caps) which had since expired. This bottle was full but there was no documentation available to indicate why this medication had not been administered as prescribed.

Dog number 116, described as a Rottweiler mix, was dispensed enrofloxacin on 12/13/17, but this bottle of 30 tablets was full and had not been administered as prescribed. This same dog was also prescribed 14 caplets of Novox on the same date, 12 of which remained in the bottle and were not administered as prescribed.

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Inhumane Killing Methods

Hamilton Township Animal Shelter primarily used intracardiac injections, otherwise known as heart sticking, as the “primary method” to kill animals instead of the recommended intravenous method. As the name implies, heart sticking involves stabbing an animal in the heart and injecting poison. Under state law, heart sticking can only be used when an animal is heavily sedated or comatose with a depressed vascular function. Why? The killing method is so brutal that an animal must be completely unconscious and “have no blink or toe-pinch reflexes” according to the Humane Society of the United Stated Euthanasia Reference Manual.

If that was not bad enough, the shelter used the wrong euthanasia drug to kill cats. Specifically, the euthanasia drug Hamilton Township Animal Shelter used is only approved for dogs. Given the drug the shelter uses, sodium pentobarbital combined with phenytoin sodium, can lead to cardiac arrest before the animal goes unconscious in certain circumstances, this is deeply concerning.

N.J.A.C. 8.23A-1.11 (c) The method of injection that was being used for euthanasia of cats at the facility was not acceptable as the primary method of injection of the euthanasia solution. The primary method of euthanasia for cats was said to be an intracardiac injection of a euthanasia solution. The recommended method is an intravenous injection of a barbiturate. Intracardiac and intraperitoneal injection may be made where intravenous injection is impractical, as in the very small animal, or in the comatose animal with depressed vascular function. The product being used at the facility contains pentobarbital sodium and phenytoin sodium and is licensed for use in dogs only. The package literature for this product states that it is approved only for IV and IC injections in dogs (not to be used in other body cavities due to the addition of phenytoin sodium in the product).

More disturbing, the shelter did not even weigh animals before killing them. Instead, the shelter used weights from the time the animal came into the shelter to determine the dose of tranquilizing agents and poison used to kill animals. Since the facility had no working scale, one must question if the shelter actually weighed the animals when they arrived. Even if staff weighed animals upon intake, an animal may lose or gain weight once at the shelter. Therefore, there is a good chance the animals were given the wrong drug dosages.

If animals were given too low a dose of euthanasia drugs, the shelter may have disposed of animals, such as in a landfill or in a crematorium, while they were still alive. In other words, animals could have been buried and burnt alive. Similarly, if animals were not given enough sedatives, the animals may have experienced significant pain when killed. This is especially the case since the shelter used the barbaric heart stick method to kill pets.

The shelter’s own records did indicate some animals were given too little euthanasia drugs. Furthermore, the shelter’s euthanasia logs contained numerous errors and raise questions as to whether the shelter killed even more animals inhumanely.

N.J.A.C. 8.23A-1.11 (f) Written instructions were not posted in the euthanasia area and there were no instructions available that included the dosages by weight in pounds of all euthanasia, immobilizing, and tranquilizing agents used at the facility. Animals were not being weighed prior to administration of euthanasia, immobilizing, or tranquilizing agents. A scale was unavailable at the facility to weigh dogs and the scale for small animals was inoperable at the time of the inspection. The weight recorded on an animal’s record at the time of intake was being used to calculate the dosages of these agents, but the weight on intake may not be the same weight of the animal at the time it is euthanized. It was unclear how the weight of each animal was obtained on intake when the facility did not have any working scales to weigh animals.

The weight of animals recorded in the euthanasia logs compared to disposition logs did not match, which indicated that the dosage by weight for several animals may have been miscalculated. Some examples of errors included but were not limited to the following: Dog number 16, released to the facility by its owner on 1/30/17 was recorded in the disposition log with a weight of 120 lb., but the euthanasia log shows the weight of the dog as 80 lb. This dog was administered 10 mL of euthanasia solution rather than the minimum 12 mL required for a 120 lb. dog. Dog number 17, released by its owner on 1/30/17 was record in the disposition log with a weight of 65 lb. This dog was listed as 80 lb. on the euthanasia log on 1/31/17 with a dosage of 10 mL recorded on the euthanasia log and 9 mL recorded in the disposition log, both of which are suitable for either of these recorded weights depending on the route of injection. Dog number 31 which was released to the facility by its owner on 2/22/17 and euthanized the same day was recorded in both the disposition log and the euthanasia log with a weight of 12 lb., but both records indicate that this dog was only administered 1 mL of euthanasia solution, which is suitable for a 10 lb. dog depending on the route of injection. Dog number 19, recorded in the disposition log with a weight of 80 lb. was euthanized on 2/11/17, but was not recorded on the euthanasia log. The disposition records indicate that this dog was administered 4 mL of  euthanasia solution, but the tranquilizing agent is recorded as “8”, so it is possible these numbers were written in the wrong column and the dog may have been given 8 mL of euthanasia solution which is suitable for an 80 lb. dog depending on the route of injection. Dog number 239, recorded as a 75 lb. Labrador in the disposition records but recorded as 30 lb. in the euthanasia log on 9/4/17, appears that it should be dog number 240. Dog number 198 recorded in the euthanasia log on 10/24/17, appears that it should be dog number 298, but dog number 198, euthanized on 8/1/17 according to the disposition log, is missing from the euthanasia log.

State health department inspectors noted the shelter likely guessed the weights of wildlife when it used euthanasia drugs to kill these animals. Even worse, the inspectors mentioned the weights of several animals were probably not accurate indicating the shelter may have inhumanely killed these animals as well.

N.J.A.C. 8.23A-1.11 (f) The weights recorded in the euthanasia records for various species of wildlife appear to be rough estimates due to the descriptions provided. The estimated weights and the calculated dosages recorded for some wildlife species, such as the injured rabbit on 4/21/17 and the injured squirrel on 4/22/17 do not appear to be accurate and the dosages of euthanasia solution administered may be insufficient. The supervising veterinarian should include the dosages by weight for various wildlife species when developing the instruction sheets for animal euthanasia.

If this was not bad enough, the shelter appeared to incorrectly use sedatives to comfort animals while they were killed with a stab to the heart. The shelter had no dosage instructions or logs of the tranquilizers it used. In other words, the shelter could not prove it knew how to provide sedatives to animals and if it even did. Furthermore, the tranquilizing agents mixed with sterile water at the facility were not refrigerated giving them a useful life of just seven days. The shelter did not put dates on these sedative solutions and it seems likely the shelter could have used such solutions after their seven day shelf life. Thus, the shelter may have provided animals ineffective sedatives if the facility actually used tranquilizing agents at all.

N.J.A.C. 8.23A-1.11 (f) There were no prescription labels, instructions for use, dosage calculation sheets, or substance usage logs for the anesthetic agent used at the facility. There were several bottles of this agent found on the premises, and the inspectors were told that these bottles were ordered by the local health department through the supervising veterinarian, but no records were available to indicate that this product was being used by or on the order of a licensed veterinarian. The manufacturer’s package insert for this product indicates that this product is to be reconstituted with 5 mL sterile water, but there were no bottles of sterile water found with this anesthetic agent. The package insert states to discard unused solution after 7 days when stored at room temperature or after 56 days when kept refrigerated. The reconstituted product was not stored under refrigeration and there was no date marked on the bottle or records available to indicate when the bottle had been reconstituted.

Shelter Employees Not Trained to Perform Humane Euthanasia

Several employees “euthanizing” animals at the shelter did not have legally required certifications by a licensed veterinarian. Given the horrific killing practices noted above, is it a surprise the staff did not receive the mandated training?

N.J.A.C. 8.23A-1.11 (e) Two employees administering animal euthanasia at the facility were not certified by a licensed veterinarian in the acceptable euthanasia techniques used at the facility. Inspectors were told that these two employees had taken a 16-hour “Euthanasia by Injection” course which was based on the Humane Society of the United States’ Euthanasia Reference Manual and was offered by a humane organization in Pennsylvania on February 26 and 27, 2015, but this course is not approved to replace the direct supervision, training and certification by a licensed veterinarian in the State of New Jersey. The trainer listed on the course document was not a licensed veterinarian and inspectors were told that no hands-on training was provided.

Another employee who was certified by a licensed veterinarian to perform euthanasia, was not sufficiently trained in the acceptable techniques; specifically, IV injection as the primary method of euthanasia for cats. Additional training and certification in administration of IP injection will also be required if this technique will be used at the facility.

Shelter Drug Records Raise Concerns About Where Controlled Substances Went

Inspectors found the shelter failed to include 67 milliliters of euthanasia drugs in the usage logs provided to the state’s Drug Control Unit. Furthermore, the shelter did not even keep usage records for sedatives it used. Given these are controlled substances, major questions arise as to whether the unaccounted for drugs are due to incompetent shelter management or people using these substances for nefarious and illegal purposes.

N.J.A.C. 8.23A-1.11 (f) Many animals that had been euthanized at the facility were not recorded on the euthanasia substance usage logs as required under the authority of the New Jersey Department of Law and Public Safety, Division of Consumer Affairs, Drug Control Unit. Records indicated that at least twenty animals were recorded in the disposition logs as euthanized during the year 2017, but these animals were not recorded on the pentobarbital sodium usage log forms, resulting in approximately 67 mL of euthanasia solution unaccounted for. Approximately 200 records on the euthanasia log forms and over 150 records on the disposition record logs were missing the name or initials of the certified personnel who had administered euthanasia and tranquilizing or anesthetizing agents to these animals.

There were no prescription labels, instructions for use, dosage calculation sheets, or substance usage logs for the anesthetic agent used at the facility.

Shelter May Have Killed More Animals Inhumanely

Hamilton Township Animal Shelter failed to keep proper intake and disposition records. Shelters are required by law to keep specific details on each individual animal, such when it came in and left and its outcome. Inspectors noted many animals had different information in their intake and disposition records and the euthanasia logs. Therefore, its quite possible Hamilton Township Animal Shelter’s reported statistics are wrong.

Furthermore, the shelter did not document how it killed animals as required by state law.

N.J.A.C. 8.23A-1.13 (a) The method of euthanasia, such as IV, IC, or IP, was not recorded in each animal’s record as required or on any other document maintained at the facility. There were numerous errors found in the intake and disposition log records and the euthanasia log records including but not limited to the following examples: Two cats were given the same ID number 110, one on 5/3/17 and another on 5/4/17; dog number 310 was recorded as euthanized on 11/25/17, but was also recorded as reclaimed on 11/14/17; cat number 502 (2016) was recorded as adopted on 3/15/17, but was also recorded as euthanized on 9/1/17 with a notation “URI 8 months”; cat number 372 was recorded as euthanized on 8/24/17, but was also recorded as adopted on 10/4/17; cat number 111 was recorded as euthanized on 5/9/17, and was recorded as euthanized again on 8/24/17; there was no ID number for a cat euthanized on 2/23/17; cat number 579 that was euthanized on 1/7/18 was not recorded in the disposition log and cat number 581 that was euthanized on 1/7/18 was not recorded on the euthanasia log. These types of errors can result in discrepancies in the amount of euthanasia solution used and recorded on the New Jersey Drug Control Unit’s Sodium Pentobarbital Usage Log Forms.

Employees responsible for filling out intake records need to take care to accurately describe the animal and its distinguishing marks. If the breed of dog cannot be easily determined, the animal may be described by hair length, coat type, weight and build. It was recommended to obtain a breed chart for dogs to assist in selecting the closest breed, but to avoid significant errors, such as describing a Havanese type mixed breed as a chihuahua, the breed of dog may be recorded as mixed with an accurate description of its characteristics.

Mayor Yaede’s Monumentally Poor Response

Hamilton’s mayor responded hours after the inspection report’s release declaring “State inspection report does not list one finding of animal abuse or animal cruelty” and “the majority of the report cited clerical errors and other items that have already been corrected.” First, the New Jersey Department of Health does not bring animal cruelty charges. However, the report did in fact document numerous potential examples of animal cruelty. It is up to law enforcement authorities to bring charges. Specifically, law enforcement authorities could bring charges for killing animals before seven days, not providing veterinary care, leaving animals in dangerous conditions and killing animals inhumanely. In addition, law enforcement officials should bring individual charges for every single animal that endured these atrocities. As this blog details, these are far more than a few “clerical errors.” Finally, based on past experience, I find it next to impossible to believe this shelter fixed all of the extensive problems, particularly those involving the actual structure of the facility.

Mayor Yaede also falsely claimed the state health department’s “recommended method of euthanasia”…”appears not to be a State requirement.” In fact, N.J.AC. 8.23A-1.11 (c) (1) states IV injections are the preferred method and heart sticking is only allowed on a heavily sedated or comatose animal with depressed vascular function. Furthermore, the shelter failed to weigh animals, at least properly, per the inspection report, which also is required by state law to ensure humane euthanasia.

The good mayor also claimed the fact the shelter remained open proved all was fine. The state health department almost never shuts a shelter down. Even after the most egregious state inspection reports, the New Jersey Department of Health has never in recent years shut a shelter down after an initial inspection. Simply put, the state health department does not do so since it fears the repercussions of where the displaced animals will go. In other words, saying your shelter isn’t so bad because it wasn’t immediately shut down is about as a low standard once can try to achieve.

Mayor Yaede then tried to claim all the killed animals at the shelter were mercy killings where owners requested euthanasia. As the state report found, stray animals were also illegally killed before seven days passed. Therefore, those animals were not owner requested euthanasia. Additionally, 46 cats were immediately killed illegally on a single day last year and the records indicated most were treatable (i.e. URI, ringworm, etc.). Furthermore,  true owner-requested euthanasia, where a shelter humanely ends the life of a hopelessly suffering animal, makes up a very small percentage of an animal control shelter’s total animal intake. For example, owner requested euthanasia only made up 0.7% of the total dogs and cats Kansas City Missouri’s animal control shelter took in during 2017. While Hamilton Township Animal Shelter or any other facility can claim many of the animals it killed were “owner requested”, that does not mean the animals were hopelessly suffering.

What was the other mayor’s other excuse? The state health department inspected on a “Monday morning during the very same time when routine cleaning operations would normally occur following the weekend.” As regular readers know, this is a typical and nonsensical excuse used by regressive shelters. Good shelters don’t allow their animals to live in filth period. Even more troubling, Mayor Yaede’s statement suggests the shelter is NOT cleaned during the weekend. If that is the case, the shelter has even bigger problems than we thought.

Mayor Yaede then goes on to claim Hamilton Township’s Council members are mean to call the shelter staff “killers.” After reading this report and the shelter’s 2017 Shelter/Pound Annual Report, we know the shelter leadership are “killers” since they illegally and quickly killed animals despite the facility having empty cages. Simply put, shelter management would rather kill animals than do the work caring for them.

Finally, Mayor Yaede stated she “worked tirelessly to help promote the adoption of our shelter animals” and is a “forceful advocate for our animal shelter and our shelter’s pets.” If she was “working so tirelessly” and such a “forceful advocate for our animal shelter and our shelter’s pets”, she wouldn’t have circumvented the town’s ban on pet store puppy sales by buying a puppy from a nearby community’s pet store. The mayor should call herself a puppy mill princess instead.

As I previously stated, Hamilton residents must demand serious reforms at the Hamilton Township Animal Shelter. Specifically, they must accept nothing less than the following:

  1. Fire shelter manager Todd Bencivengo and other key employees and replace them with a competent and compassionate shelter manager and staff members who will save lives
  2. Create a No Kill Implementation plan similar to the one in Austin, Texas that mandates the shelter fully put the No Kill Equation into place and achieve a minimum 90% live release rate

However, after seeing Mayor Yaede’s and her Health Officer’s reactions to this inspection report, I believe the town would be better off with EASEL Animal Rescue League operating the shelter. Given EASEL Animal Rescue League receives less than half the taxpayer funding per impounded animal than Hamilton Township Animal Shelter and achieves very high live release rates, both Hamilton’s animals and taxpayers would benefit from this organization running the Hamilton Township Animal Shelter.

Associated Humane Societies-Newark Continues to Violate State Law Per New State and City Inspection Report

Last month, I wrote a blog about an August 22, 2017 joint New Jersey Department of Health and Newark Department of Health and Community Wellness inspection report on Associated Humane Societies-Newark. Subsequently, I wrote another blog about AHS-Newark claiming how it fixed many problems.

On September 26, 2017, the New Jersey Department of Health and Newark Department of Health and Community Wellness inspected AHS-Newark again and issued another report. You can read this limited scope follow-up inspection report here and the related photos here. Did AHS-Newark fix all of its problems? Should the shelter be able to operate?

Serious Violations Continue to Exist

While the inspection reported noted AHS-Newark corrected several violations, many of these were relatively simple fixes. However, the shelter continued to break state law to such an extent that the authorities would not give AHS-Newark a license to operate:

9/26/17: Facility remains in noncompliance and a license for the current year cannot be issued.

Feral Cats Treated Inhumanely

The August 22, 2017 inspection report found AHS-Newark did not provide stress relief to feral cats housed in a room. Over one month later, AHS-Newark continued to not provide any stress relief to these cats according to the inspectors. The new inspection report noted the following:

  1. AHS-Newark did not provide enough litter receptacles
  2. AHS-Newark housed too many cats in the room to fit such litter receptacles
  3. AHS-Newark only had two litter receptacles and they were effectively unusable by most of the cats. One litter receptacle had a cat sleeping in it and the other litter receptacle tipped over.
  4. AHS-Newark did not provide the cats access to things to climb, resting benches or hiding boxes resulting in the cats bunching up against each other on the floor
  5. AHS-Newark housed these animals in severely overcrowded conditions that are “a detriment to the health, safety and welfare of the cats”
  6. AHS-Newark must immediately provide alternative housing areas to the cats in this enclosure

9/26/17: Not corrected. Cats housed in the feral cat enclosure were severely overcrowded and not provided with any type of stress relief. There were at least twenty cats in this small enclosure. These cats were said to be aggressive; animals exhibiting signs of aggression are required to be housed individually in accordance with N.J.A.C. 1.6. There was an insufficient number of litter receptacles for the number of cats housed in these enclosures; there was insufficient floor space to hold litter receptacles due to the number of cats housed in the enclosure, and of the two litter receptacles provided in this enclosure, one contained a cat that was sleeping and the other had been tipped over. The cats housed in this enclosure were not provided with access to vertical space, resting benches, or hiding boxes and were forced to stay on the floor of the enclosure bunched up one against the other. This severity of overcrowding is a detriment to the health, safety and welfare of the cats housed in this enclosure. The facility management will be required to provide alternative housing areas for the cats in this enclosure. This requires immediate correction.

To make matters worse, AHS-Newark continued to leave this enclosure’s glass or plexiglass window so filthy that people could not see inside.

9/26/17: Partially corrected. The cardboard and newspapers had been removed but the glass or plexiglass was not cleaned sufficiently to easily view the cats in these enclosures.

In fact, AHS-Newark did not clean this plexiglass at all and it contained “an accumulation of feces, dirt, hair and other debris.”

The plexiglass in the feral cat enclosure was not being cleaned and contained an accumulation of feces, dirt, hair and other debris.

Additionally, AHS-Newark had exposed nails in the feral cat room that could injure the animals. Also, the shelter still had not replaced broken dog beds that exposed dogs to potential injuries.

9/26/17: Not corrected. New raised beds were said to have been purchased and broken beds will be replaced. The feral cat enclosure contained two wooden and fiberboard cat furniture pieces. One of these pieces was broken and a board on the front panel had become loose and small nails were exposed. Please see 1.8 and 1.9 for additional continued deficiencies in the feral cat enclosures.

While AHS-Newark removed carpeted cat trees that “contained an accumulation of hair and dried feces or vomit”, the feral cat room continued to have its window ledges, resting benches and walls in disrepair. According to the August 22, 2017 inspection report, such conditions prevented employees from properly cleaning and disinfecting these areas.

9/26/17: Partially corrected, carpeted items removed; old caulk and broken edging needs to be removed and replaced at window ledges, resting benches and walls.

Animals Likely to Get Sick

While the inspectors noted AHS-Newark actually cleaned some areas of the facility, they still found filth in many places. Also, AHS-Newark apparently threw junk, including animal cages, on its roof and it blew off into a neighboring yard. Imagine if someone was hit by one of these falling cages?

9/26/17: Partially corrected, cleaning and disinfecting plan currently under review by the NJDOH. Many areas throughout the facility had been cleaned, but the corners and areas of the floors near the walls, and shelves and other areas, around pipes, and stairs contained dirt, hair and debris that had not been thoroughly cleaned. There were several animal cages and cage parts, and numerous HVAC filters and other debris that were found in the neighboring yard area. This debris was said to have blown off the roof. No items shall be stored on the roof of the facility.

The shelter’s cleaning procedures were inadequate yet again. AHS-Newark said it used Accel disinfectant, but had it in a container labeled with “DAWN” detergent. Additionally, the shelter threw a feces filled rabbit cage and another crate tray on the building’s roof. The inspector noted the feces spilled onto the roof. Since AHS-Newark claimed debris blew off their roof in the past, people and animals outside potentially could have crap literally rain down on them.

9/26/17: Partially corrected, cleaning and disinfecting plan currently under review by the NJDOH. The plexiglass in the feral cat enclosure was not being cleaned and contained an accumulation of feces, dirt, hair and other debris. A bucket that had the word DAWN written on the side in black permanent marker was said to contain Accel disinfectant and the adjacent bucket contained the detergent. A dirty rabbit cage (a black wire crate with a damaged removable tray) and another crate tray that contained an accumulation of feces, hay and debris were found on the roof of the facility. Some of these feces had spilled out onto the roof. The roof shall not be used to clean or store any items used at the facility.

AHS-Newark apparently did a poor job in fixing its animal enclosures. According to the inspection report, the shelter patched some holes and cracks. However, the inspectors stated AHS-Newark needed to remove and replace the concrete flooring due to it falling into such disrepair. Therefore, the shelter could not properly clean and disinfect these parts of the animal enclosures.

Several holes and cracks had been patched, but these concrete patches were not smoothed and leveled with an appropriate trowel and were left to harden with numerous folds and indentations that are unable to be cleaned and disinfected. The concrete flooring was being patched in various areas, but the flooring that is in severe disrepair will need to be removed and replaced. The laminated fiberboard cat cages in the small dog and cat room were missing pieces of laminate and needed repair. The facility management will be required to provide a detailed plan of correction for 1.3. (a) with an estimated timeline for completion.

The August 22, 2017 inspection report documented interior surfaces of the main dog kennel area and throughout the facility were in severe disrepair. Peeling paint and broken concrete prevented employees from being able to properly clean and disinfect these areas. Similarly, the food storage area had inadequately fixed holes in the walls at the floor that also prevented staff from cleaning and disinfecting these areas.

Over one month later, AHS-Newark failed to fix these issues.

9/26/17: Not corrected. The facility management will be required to provide a detailed plan of correction with an estimated timeline for completion.

Despite AHS-Newark finally starting to store food properly, it still had spilled food through the shelter. Therefore, AHS-Newark continued to set the conditions for a rodent infestation.

9/26/17: Partially corrected. Food was being stored correctly at the time of this site visit, but there were still pieces of kibble found in various areas, including behind the baseboard radiator back plate in the food storage room and on the floor in several areas.

Shockingly, AHS-Newark still did not have a supervising veterinarian establish a disease control program. A disease control program established by a supervising veterinarian is critical to ensuring animals stay as healthy as possible. Frankly, the fact AHS-Newark once again did not have such a disease control program should alone be the basis for shutting this shelter down.

9/26/17: Partially corrected. Medication logs were filled out with the dates that the medication had been administered to animals. Cleaning and disinfection protocols are under review by the NJDOH. A disease control program had not been established by the supervising veterinarian. The facility management shall provide a written disease control and health care plan established under the supervision and assistance of the supervising veterinarian. This requires immediate correction.

To make matters worse, the inspectors apparently could not identify a proper isolation area for sick animals. Isolating sick animals from healthy ones is the cornerstone of disease control in an animal shelter.

9/26/17: Partially corrected. A disease control and health care plan had not yet been established by the supervising veterinarian. It was unclear which room was to be the designated isolation room to be used only for the housing of animals being treated for or with signs of communicable disease. The isolation room is not to be used for any other purpose, including storage of items not for use in the isolation room and for housing animals that are not exhibiting signs of or being treated for a communicable disease.

Dogs in Basement Left in Horrible Conditions

AHS-Newark continued to not provide legally required exercise to dogs in its basement. Under state law, shelters must walk dogs for 20 minutes a day or exercise dogs in runs at least twice a day if such dogs reside in kennels below a certain size. The inspectors stated AHS-Newark must immediately house its so-called “aggressive” basement dogs in larger kennels.

9/26/17: Partially corrected. Dogs housed in the basement were the aggressive dogs that are unable to be safely walked. These dogs need to be housed in double enclosures to provide the minimum cage space as required for the size of the dogs housed in these enclosures. This requires immediate correction.

If providing no exercise to already stressed out dogs in AHS-Newark’s dungeon like basement was not bad enough, AHS-Newark continued to provide inadequate ventilation to these animals. As such, these dogs were subjected to odors and humidity. In fact, the inspectors noted these odors were “more prevalent” at this inspection than the last one.

9/26/17: Not corrected. The ventilation in the basement was insufficient to remove odors and humidity. Odors were more prevalent at the time of this site visit than the previous inspection. The facility management will be required to provide a detailed plan of correction with an estimated timeline for completion.

Dead Animals Still Left Outside Like Trash Near Live Dog Enclosures

During the August 22, 2017 inspection, AHS-Newark had bags of dead animals outside of its refrigerator and incinerator. To make matters worse, these dead animals were stored adjacent to the outside portions of live dog enclosures. According to a news article published on September 21, 2017, AHS Assistant Executive Director, Jill Van Tuyl, blamed outside agencies’ animal control officers and claimed she had new procedures to apparently rectify this problem.

Despite Jill Van Tuyl’s rosy solution, the inspectors found two bags containing dead raccoons in this place. Once again, AHS-Newark allowed dead animals to lie out like trash near outdoor enclosures that live dogs use.

9/26/17: Not corrected. There were two bags found on the floor outside behind the refrigeration unit that contained dead raccoons at the time of this site visit. The gate to the refrigeration unit was locked and inaccessible to inspectors and animal control officers arriving with animals.

AHS-Newark Continues to House Animals in Unsafe Conditions

The August 22, 2017 inspection report documented water leaking from AHS-Newark’s air conditioning system into the main dog kennel area and into an animal enclosure in the basement. According to the inspection report, the shelter did not correct this violation.

9/26/17: Not corrected. The previously unknown source of water was found to be flowing from the air conditioning units on the roof of the facility. The condensation pipe for the accumulated water from the evaporative coils was pouring directly onto the roof and was not being appropriately diverted as required. The facility management will need to comply with the requirements of and correct any deficiencies found by the Newark Code Enforcement Officers.

Previously, the inspectors documented a severe crack on the wall located at the door to the exterior dog kennels. How severe was this crack? The inspection report suggested a qualified engineer should evaluate the crack to determine if the wall would collapse.

While AHS-Newark patched this crack, the inspectors noted other parts of facility’s perimeter wall were also in similarly poor condition. How on earth does an organization taking in over $9 million of revenue last year allow its building to fall into this condition?

9/26/17: Partially corrected. This wall had been patched, but there were other areas along the perimeter wall that were in a similar condition at the time of this site visit. The Newark Code Enforcement Officers were on site to evaluate the condition of the building at the time of this site visit.

The August 22, 2017 inspection report noted the main and basement dog kennel areas were not structurally sound and maintained in good repair. Holes and cracks in the flooring existed throughout these animal enclosures and sheets of concrete were peeling up where the shelter attempted to make past repairs. Automatic watering stations had exposed pipes. Automatic feeders were present that staff could not properly clean and disinfect.

According to the September 26, 2017 inspection report, AHS-Newark only partially corrected these violations. Notably, serious problems must remain since the inspectors stated AHS-Newark must share a detailed plan with an estimated timeline for completion. The fact AHS-Newark did not even provide this plan calls its remediation efforts into question.

9/26/17: Partially corrected. The facility management shall provide a detailed plan of correction with an estimated timeline for completion.

Previously, the inspectors stated the guillotine doors in the dog kennel area were not strong enough to prevent dogs from escaping. In fact, a dog escaped its enclosure during the August 22, 2017 inspection. During the September 26, 2017 inspection, AHS-Newark said this was corrected. However, the inspectors disagreed and said the shelter must replace the guillotine doors and repair the adjacent walls. Once again, AHS-Newark’s absurd statement about solving these issues makes me seriously question its entire remediation program.

9/26/17: Said to have been corrected, but walls had not yet been repaired at the time of this site visit. Guillotine doors will need to be removed and replaced as the walls are repaired.

Departments’ of Health Must Shut AHS-Newark Down

The New Jersey and Newark health departments have allowed AHS-Newark to violate state law for decades. The New Jersey Commission of Investigation report on AHS in 2003 documented serious problems at AHS-Newark going back to the 1970s. Despite these repeated issues, the state and local health departments did little resolve them.

After AHS-Newark performed terribly during multiple inspections in 2009, the New Jersey Department of Health let AHS-Newark off easy. In a November 6, 2009 inspection report, the New Jersey Department of Health stated the following:

Many of the violations documented in the July 30 and August 26, 2009 inspections have been corrected and the conditions at this facility were improved at the time of this inspection. Management will need to maintain diligence during the more crowded and busy summer months to ensure continued compliance with New Jersey Administrative Code (N.J.A.C.) 8:23A 1.1 through 1.13.

Despite this upbeat statement, this very same inspection report documented serious problems such as improper cleaning and disinfecting procedures, not separating sick animals from healthy ones, not exercising dogs in small kennels, animal housing areas in severe disrepair and a lack of documentation to determine if sick animals received proper medical treatment. In other words, the New Jersey Department of Health gave AHS-Newark a free pass.

The New Jersey Commission of Investigation warned the New Jersey Department of Health and Newark Health Department six years earlier in its report on AHS that this approach is destined to fail. Specifically, they stated taking a collaborative approach with management that is not amenable to improving is a fruitless endeavor. Furthermore, the New Jersey Commission of Investigation stated these health departments “must be aggressive in pursuing legal proceedings” in these circumstances. Finally, the New Jersey Commission of Investigation explicitly asserted the municipality must take over the shelter or contract with another organization that will run the shelter properly in these situations.

The approach of the Department of Health and Senior Services to counsel and advise a shelter’s management on how to remedy the violations and improve the conditions is admirable. However, such an approach is effective only when the management is amenable to making the improvements. When it becomes clear that such an approach is unsuccessful, then the department must be aggressive in pursuing legal proceedings. The threat of enforcement proceedings, which typically appears in letters from the department to a shelter’s management, must be more than mere words. The failure to follow through leads to a loss of credibility for the department and reinforces the cavalier attitude of the shelter’s management. The inspecting and licensing authorities on the local level must conduct themselves in similar fashion. In the event of mounting fines and continued lack of responsiveness by shelter management, the municipality must be prepared to assume control of the shelter or entrust its operation to a suitable alternative.

Clearly, the New Jersey Department of Health and the Newark Department of Health and Community Wellness must start legal proceedings to shut AHS-Newark down unless Roseann Trezza, all other AHS executives and the entire AHS Board of Directors resign. Additionally, the City of Newark and all the other contracting municipalities must find a new organization to house their animals or run such a facility themselves. At best, AHS-Newark will make inadequate changes that will go away after the state health department stops following up. Simply put, AHS-Newark cannot operate properly with its current leadership.

Animal Advocates Must Continue to Demand for Change

Here are several things every person can do to improve this situation.

  1. Pressure the NJ SPCA to throw the book at Roseann Trezza and all her accomplisses
  2. Call Mayor Ras Baraka at (973) 733-6400 and demand he re-start former Mayor Booker’s project to build a new no kill shelter in the city
  3. Call the New Jersey Department of Health at (609) 826-4872 or (609) 826-5964 and tell them to 1) Shut AHS-Newark down unless Roseann Trezza, all other AHS executives and all AHS board members resign and 2) Inspect AHS-Tinton Falls and AHS-Popcorn Park

Additionally, people should contact the following mayors using the information below and demand they terminate their arrangements with AHS-Newark unless it gets rid of Roseann Trezza, its other executives and its entire Board of Directors:

Belleville: (973) 450-3345
Carteret: (732) 541-3801
Clark: (732) 388-3600
Fanwood: (908)-322-8236, ext. 124; mayor@fanwoodnj.org
Hillside:(973) 926-3000
Newark: (973) 733-6400; https://www.newarknj.gov/contact-us
Irvington: (973) 399-8111
Linden: (908) 474-8493; darmstead@linden-nj.org
Fairfield: (973) 882-2700; jgasparini@fairfieldnj.org
Orange: (973) 266-4005
Plainfield: (908) 753-3310; adrian.mapp@plainfieldnj.gov
Roselle: (908) 956-5557; cdansereau@boroughofroselle.com
Rahway: 732-827-2009; mayor@cityofrahway.com
Winfield Park: (908) 925-3850

Associated Humane Societies-Newark’s Absurd Response to Sordid State Inspection Report

Last week, the Newark Patch broke the story about the joint state and city health departments’ inspection of Associated Humane Societies-Newark. While the story highlighted many of the inspection’s devastating findings, it also allowed AHS-Newark to explain themselves. Even though the story quoted one of my Facebook posts on AHS-Newark from several months ago, it did not provide myself or any other animal advocates the opportunity to respond to the shelter’s assertions.

Did AHS-Newark provide reasonable explanations for the findings? Did the AHS-Newark responses inspire confidence that it will finally treat its animals properly? Will AHS-Newark start saving rather than killing so many of its animals?

AHS Executive Director Refuses to Speak

AHS Executive Director, Roseann Trezza, did not comment on the inspection. Instead, Roseann Trezza trotted out her Assistant Executive Director, Jill Van Tuyl, to talk to the media. If AHS won’t put out its leader, what does this signal? Clearly, the message is these issues are not worth the organization’s leader’s time and energy.

AHS sending out its Assistant Executive Director instead of Roseann Trezza indicates it business as usual for AHS-Newark. In 2009, AHS sent out its shelter manager, Denton Infield, after the New Jersey Department of Health’s horrific inspection report from that year. In 2011, AHS trotted out Mr. Infield again shortly after another terrible New Jersey Department of Health inspection to argue against former Mayor Booker’s plan for a new no kill shelter. Similarly, AHS sent former Assistant Executive Director, Scott Crawford, in subsequent years to criticize Cory Booker’s plans for the new no kill shelter and respond to animal advocates, such as in Maplewood. Thus, AHS sending out someone other than its leader is part of AHS-Newark’s disturbing pattern of failing to address its catastrophic problems.

AHS-Newark’s Lame Excuses for Illegal Killing

The inspection report indicated AHS-Newark violated the euthanasia requirements in state law by not doing the following:

  1. Post proper written euthanasia/killing instructions to assist people in conducting the procedure humanely
  2. Weigh animals prior to killing/euthanasia to ensure animals received proper doses of sedatives and killing agents
  3. Specify the method of killing/euthanasia

Furthermore, the inspection report stated AHS-Newark illegally killed many, including both stray and surrendered, animals during the seven day protection period.

AHS provided an incoherent response to these inspection report findings:

“We’re not euthanizing healthy animals that are coming in,” Van Tuyl told Patch. “These may be animals that are dying already, or that are in bad shape as deemed by the veterinarian. We don’t want animals suffering either. So I think that was taken out of context [by inspectors].”

Whether animals are healthy or not is irrelevant. State law requires animals be euthanized using a specified protocol to avoid emotional and physical pain. The fact that AHS would write off the animals as “dying already” or “in bad shape” to justify breaking state law and potentially killing/euthanizing them inhumanely shows an organization that refuses to admit mistakes. If an organization fails to admit wrongdoing, what hope do we have they will fix those problems?

Even if these animals were hopelessly suffering, AHS-Newark should know better. In the 2009 inspection report, AHS-Newark was told it could only euthanize animals during the seven day protection period if it met the following two conditions:

  1. If a veterinarian deems euthanasia necessary for humane reasons to prevent excessive suffering when illness and injury is severe and the prognosis for recovery is extremely poor
  2. Only a licensed veterinarian should perform euthanasia in the above situation and they must clearly document the humane rationale in the animal’s medical record

Therefore, AHS-Newark’s argument that these animals were hopelessly suffering does not seem to pass the “sniff test” since it did not appear to comply with these two conditions (i.e. August 22, 2017 inspection report made no mention of AHS-Newark doing this when discussing AHS-Newark violating the seven day protection period).

AHS-Newark’s statement that it doesn’t kill healthy animals coming into its facility is absurd. According to AHS-Newark’s own 2016 summary statistics, it killed 25% of dogs, 44% of cats and 85% of other domestic animals. However, statistics I calculated from reviewing AHS-Newark’s intake and disposition records in recent years were much worse than its summary statistics indicated. My review of AHS-Newark records provided to me for animals coming from Newark in 2014 found the shelter killed 67% of these dogs and 83% of these cats. Similarly, my review of AHS-Newark records for animals coming in from Irvington for the first nine or so months of 2015 found AHS-Newark killed 60% of these dogs and 75% of these cats. No one in their right mind would think anything close to this many animals were hopelessly suffering.

Data from animal control shelters throughout the nation, including many in poor, urban areas, show well under 10% of animals arriving to these facilities are hopelessly suffering or a serious danger to people. For example Kansas City’s animal control shelter, KC Pet Project, only euthanized 6% of dogs and 9% of the cats who had outcomes last year despite impounding many more of these animals in total and on a per capita basis than AHS-Newark.

Not surprising, AHS-Newark’s statement about primarily killing hopelessly suffering animals is similar to its statement below from 2013. Clearly, AHS-Newark’s statistics I calculated and individual animal records I obtained indicate those statements both then and now are absurd.

Crawford expressed sorrow over the deaths, but said the shelter risks the spread of disease with overcrowding and must euthanize animals that are terminally ill, too aggressive to rehabilitate or suffering from advanced age. In some instances – particularly during the summer – “some great pets, at no fault of their own, will be humanely euthanized” because too few people are willing to adopt the stray or abandoned animals, he said.

AHS-Newark also provided an explanation on how it would improve:

“Our vet now has a way of manually keeping records for animals that might be euthanized before the seven-day period,” Van Tuyl said, adding that the new policy will help with transparency.

So AHS-Newark’s vet has a new special way of manually keeping records? We should all feel overjoyed! What exactly is this “manual way of keeping records?” With no details, this statement is meaningless. Furthermore, the inspection report specifically noted AHS-Newark staff were already not following at least some of the vet’s other instructions. Therefore, we should have no confidence AHS-Newark will start doing so now. Finally, how does this help with transparency? AHS already stated in many of its agreements it will not honor records requests to it or the municipalities it contracts with under New Jersey’s Open Public Records act. Thus, this AHS-Newark comment provides no comfort that it will humanely euthanize animals, keep proper records, or provide transparency to the public.

Meaningless Response to Address Inhumane Conditions

The Newark Patch article quoted numerous extracts from the inspection report showing AHS-Newark treating animals horribly.

In response to these examples, AHS-Newark stated the following:

Van Tuyl told Patch that some of the alleged health and safety violations may have been a case of “bad timing.” For example, there was an incident where an animal had an accident and the responsible staff member didn’t get a chance to clean it before inspectors arrived.

“That being said, I’m not making any excuses,” Van Tuyl added.

While Jill Van Tuyl said she was “not making excuses”, that is what she actually did. Apparently, those pesky inspectors just happened to arrive the second after an animal defecated and that is why AHS-Newark hadn’t cleaned it up. In fact, AHS-Newark inappropriately left a poodle in his or her cage on cardboard and that was soaked with urine to the point it covered the poor animal’s rump. Similarly, rodent droppings, grime on food bowls, dried feces and vomit on cat trees, etc. were obviously not cleaned for long periods of time. Furthermore, the inspection report documented AHS-Newark not properly cleaning or caring for numerous animals.

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If this sounds familiar, AHS-Newark made the same “the inspectors came too early” excuse after the dismal 2009 inspection. Obviously, throwing that excuse never led to any substantial improvement.

Infield said the inspectors came in the morning before his staff started to clean — he says it’s impossible for the shelter to stay staffed 24 hours a day.

However, AHS-Newark claims it is fixing all this stuff:

The shelter is currently revamping its protocols to make sure that the health and safety issues get fixed. This includes efforts such as the phasing out of cardboard as bedding material and retraining of staff members, Van Tuyl said.

“I came up with a dog-walking log sheet so we make sure every animal is getting walked the proper amount,” Van Tuyl said. “We’re keeping a paper trail of it.”

So how is AHS-Newark fixing this stuff? One example is it is phasing out using cardboard improperly as bedding material? Why on earth does this require phasing out? Throw the cardboard out and put proper bedding in. This isn’t rocket science.

And how will AHS-Newark walk all of its dogs despite lacking the right amount and types of staff and volunteers? Jill Van Tuyl created a dog-walking log sheet. Geez, that sounds like it would take one minute using Microsoft Word. Instead, AHS-Newark needs to do the following:

  1. Hire more and better paid and qualified staff
  2. Recruit dozens of dog walking volunteers
  3. Institute the “Dogs Playing for Life” program to ensure nearly all dogs participate in playgroups

How will AHS-Newark’s new dog walking log solve the problem? Without doing the things above, the only way it could work in my mind is by creating false records.

Ridiculous Response to Dead Animals in Trash

The inspection report documented AHS-Newark having numerous dead bodies outside in garbage bags:

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AHS-Newark’s response was as follows:

Van Tuyl told Patch that some of the carcasses that inspectors saw may have been brought to Newark from other towns.

“What happens is that other animal control officers will come to our driveway and leave the carcasses,” she said. “Staff may not be aware of it and that’s why they may be left out.”

To help solve the problem, visiting ACOs are now prohibited from leaving the front office until an AHS staff member has made sure that any carcasses they left have been properly stored, Van Tuyl said.

How convenient? AHS-Newark blamed animal control officers from other agencies. Personally, I have a difficult time believing this explanation given inspectors noted the same thing in 2009 and AHS-Newark left at least one of those animals like trash themselves:

A large amount of animal carcasses were being stored outside in open plastic
bags, or piled on top of each other in shopping carts. Pools of blood and other fluid from the bodies were also present in this area. This created a severe fly and maggot infestation in addition to an overwhelming malodorous smell. Carcasses must be stored under refrigeration or in tightly sealed containers if they are to be held on the premises. As mentioned in 1.6(e} below, inspectors found a dead cat (#83660} in one of the colony rooms while inspecting. Staff members told the inspectors that a necropsy would be done on this cat to discover the cause of death. However, when Inspector Bialy later viewed the crematorium area, this dead cat’s body was lying on top of a shopping cart outside with the rest of the animal carcasses.

Even if AHS-Newark’s statement blaming outside agencies’ ACOs was true, why on earth wouldn’t AHS-Newark check this area regularly? The inspectors noted the bodies attracted a “swarm of flies” indicating they were outside for some time. Additionally, if AHS-Newark’s statement is true, it had at least eight years to rectify this issue with the outside agencies’ ACOs. If they did not comply, AHS-Newark could have terminated its contracts.

Blaming the New Guy for Horrific Treatment of a Skunk

AHS-Newark left a skunk in a covered carrier to suffer in the hot sun next to the aforementioned dead bodies and the facility’s incinerator. Air temperatures reached 87 degrees and the temperature in the carrier were likely higher as it was on a concrete surface that absorbs heat. The AHS-Newark manager initially stated the carrier had no skunk, but then said it was dead after the inspector pointed out the animal under the cover. Would AHS-Newark have thrown the animal in the incinerator alive with the dead bodies next to it if the inspector did not intervene?

AHS-Newark’s response was priceless:

Van Tuyl admitted that the skunk incident was unacceptable.

“That shouldn’t have happened,” she told Patch. “I’m still not sure where the breakdown in communication happened. I will say that a brand-new employee was involved in that. It goes back to the retraining that we’re doing right now to make sure things like that don’t happen again.”

Once again, AHS-Newark’s leadership failed to accept responsibility. While Jill Van Tuyl said “it shouldn’t have happened”, she blamed a new employee. Isn’t it Roseann Trezza’s and Jill Van Tuyl’s responsibility to hire competent people and train them? Instead, they blamed a lowly paid employee and avoided taking responsibility.

“Significant Progress” Fixing Things That Really Isn’t

In the article, Jill Van Tuyl bragged about the major things they did over the approximate four week time since the inspection:

For now, staff have made “significant progress,” she pointed out. Repairs already completed include:

  • Removing the chain link fence above the kennels
  • Disposing of dirty food containers
  • Throwing out dirty cat trees
  • “Proactively” replacing drain caps in the kennels
  • Revamping record-keeping procedures, including intake and euthanasia paperwork
  • Removing old shelves in the cat areas

While the remaining violations from the Aug. 22 inspection are still unabated, Van Tuyl asserted that the shelter’s staff are hard at work on making things right.

“We’re looking at this as an opportunity to address some things that we’ve always wanted to,” she told Patch. “This can be the change that everyone has wanted, including the staff.”

So after nearly one month AHS-Newark got rid of some dirty food containers and cat trees, replaced a few drain caps and removed some old shelves? Frankly, this would take at most a few hours.

As for removing the chain link fence above the dog kennels, I’m not sure if they really mean the chain link gate on top of the outdoor dog enclosures mentioned in the inspection report? If this is what they did, that again would take little effort. If they actually removed an entire chain link fence over the dog kennels, I’m not sure why this is a big deal since AHS-Newark could have simply cleaned it.

Most important, AHS-Newark admitted it still is violating state law. To argue they “always wanted to do” these things is laughable. Despite repeatedly being called out by inspectors and animal advocates, Roseann Trezza never acted. Only now when AHS-Newark is under severe pressure, is it trying to talk a good game.

AHS-Newark Blames the Public and Advocates

Jill Van Tuyl made another rationalization for AHS-Newark’s killing:

“Other shelters don’t necessarily hold bite cases or aggressive dogs or other unadoptable animals, whereas in Newark, that’s where they’re brought,” Van Tuyl said. “So it looks like we’re disproportionately euthanizing animals, but were getting in a lot of very tough cases, animals that are not necessarily adoptable.”

In reality, hundreds of animal control shelters saving well over 90% of their dogs impound the exact kinds of animals. AHS-Newark’s disingenuous attempt to dupe the public is sad. For example, does AHS-Newark really believe Kansas City’s public intake shelter does not get its fair share of “tough cases.” In addition, I reviewed many of AHS-Newark’s records of animals coming in from Newark and Irvington, which are two of its most impoverished contracting communities, from recent years and almost all the dogs it killed were not hopelessly vicious.

If this argument sounds familiar, AHS stated similar things in 2011 and 2013 to prevent Newark from opening a new no kill shelter. Just as the case was then, AHS-Newark’s arguments are not serious.

Jill Van Tuyl left her true wrath for animal advocates demanding AHS-Newark properly shelter animals:

And it really gets her goat when people accuse the shelter’s workers of being uncompassionate, she told Patch.

“I’ve been doing this for 25 years,” she said. “If I didn’t care about the animals, I wouldn’t be in such a stressful industry. The staff does the best we can. It’s a tough building with a lot of challenges. And I don’t think that anyone is working here for the very low rate of pay. They can go down the street and make more money at McDonald’s.”

As we’ve seen over and over, just because an organization calls itself “humane” or someone works at a shelter, it doesn’t mean they care about animals. Ask yourself if people doing/allowing the following “care about the animals?”

  • Leaving a skunk in a covered carrier during a hot August day next to dead animals and an incinerator
  • Leaving ill and injured animals to suffer
  • Allowing highly contagious diseases to spread
  • Illegally killing animals during the seven day protection period
  • Possibly killing animals inhumanely
  • Having dead bodies in bags and a shopping cart for apparently long periods of time near an area housing live dogs
  • Leaving animals in conditions where they could injure themselves

If this was not bad enough, AHS-Newark sought to take on the state’s second largest city’s animal control and sheltering contract from a facility saving 93% of its dogs and 94% of its cats in March of this year.

So no Jill, AHS-Newark, particularly its leadership, does not give a damn about its animals. All it cares about is money.

Furthermore, if this is the “best” job AHS-Newark staff “can” do, then AHS-Newark should get new staff. Despite AHS taking in $9.4 million of revenue last year, Jill Van Tuyl admits her staff “can make more money at McDonald’s.” Perhaps, Roseann Trezza should properly manage her organization’s financial resources and use some of her $112 thousand dollar salary to pay her people a living wage. Maybe then, she could attract good employees and motivate them to properly treat animals and actually save their lives.

AHS-Newark claimed it just needs people to help it:

According to Van Tuyl, the most unproductive thing that that people can do for the shelter and its animals right now is to start playing the blame game.

“It’s easy to point fingers and say we’re not doing things right,” she told Patch. “But very few people have stepped up to the plate to help.”

The shelter needs volunteers and donors who can pitch in and clean, do projects and generally help in any way possible, Van Tuyl said. In particular, there is an urgent need for linens and bedding at the moment.

The shelter can also use Kuranda-brand beds to help them withstand some of the roughhousing from the facility’s “very strong bully breeds,” Van Tuyl said.

A good example of recent help from the community was AHS’s first-ever participation in the annual “Clear The Shelter” adoption event, which was pulled off with the key assistance of some longtime volunteers.

“People can just reach out and ask us, ‘What do you need?’” Van Tuyl emphasized.

In reality, no amount of volunteer help will make up for terrible leadership. AHS-Newark makes no serious effort to recruit volunteers. In fact, its web site contains many requests for financial and other donations, but nothing that I see about how to volunteer and what specific things volunteers can do.

Furthermore, AHS-Newark has a history of banning volunteers. How do I know? AHS-Newark banned my wife and I after we played a significant part in developing (as much as the organization allowed us to) the modern version of its volunteer program. After two and half years of working nearly 24/7 trying to save animals from AHS-Newark, AHS-Newark banned us by blocking us from their Petfinder adoption web site account. Despite requesting a reason, AHS-Newark did not respond at the time. Our successors met a similar fate as have many others. Thus, AHS-Newark’s requests that it wants volunteers reeks of hypocrisy.

AHS-Newark wants a volunteer program in name only. In other words, it wants to say it has volunteers, but have as few as possible to avoid them discovering and unearthing AHS-Newark’s dirty secrets.

Therefore, people must ignore the AHS-Newark spin, and continue to demand the following:

  1. Pressure the NJ SPCA to throw the book at Roseann Trezza and all her accomplisses
  2. Call Mayor Ras Baraka at (973) 733-6400 and demand he re-start former Mayor Booker’s project to build a new no kill shelter in the city
  3. Call the New Jersey Department of Health at (609) 826-4872 or (609) 826-5964 and tell them to inspect AHS-Tinton Falls and AHS-Popcorn Park

Additionally, people should contact the following mayors using the information below and demand they terminate their arrangements with AHS-Newark unless it gets rid of Roseann Trezza, its other executives and its entire Board of Directors:

Belleville: (973) 450-3345
Carteret: (732) 541-3801
Clark: (732) 388-3600
Fanwood: (908)-322-8236, ext. 124; mayor@fanwoodnj.org
Hillside:(973) 926-3000
Newark: (973) 733-6400; https://www.newarknj.gov/contact-us
Irvington: (973) 399-8111
Linden: (908) 474-8493; darmstead@linden-nj.org
Fairfield: (973) 882-2700; jgasparini@fairfieldnj.org
Orange: (973) 266-4005
Plainfield: (908) 753-3000; adrian.mapp@plainfieldnj.gov
Roselle: (908) 956-5557; cdansereau@boroughofroselle.com
Rahway: 732-827-2009; mayor@cityofrahway.com
Winfield Park: (908) 925-3850

Without a fundamental change of the AHS leadership, the animals at AHS-Newark will continue to suffer and needlessly lose their lives.

Associated Humane Societies-Newark’s Atrocious Inspection Report

Regular readers of this blog are familiar with Associated Humane Societies-Newark’s horrific history. In 2003, State of New Jersey Commission of Investigation (“SCI”) issued a scathing report on AHS. Specifically, the report stated AHS failed its animals on a grand scale:

The history of AHS’s shelter operation has been dominated by deplorable kennel conditions, inhumane treatment of animals by workers, mismanagement and nonexistent or inadequate medical care. The problems were neither singular nor occasional. The accounts and descriptions provided by members of the public and former and current staff members, including veterinarians, paint a bleak picture of shelter life. The reality for the animals belied AHS’s propaganda that its “sole purpose” has been “the care and welfare of animals” and that it has “a high adoption rate.”

The New Jersey Department of Health found AHS-Newark violating state law left and right in 2009. This inspection revealed AHS-Newark did the following:

  1. Illegally killed animals during state’s seven day hold period
  2. Left dead rotting animals in shopping carts outside
  3. Let dogs live in filthy kennels covered in feces
  4. Failed to properly treat sick animals
  5. Did not isolate sick animals from healthy ones
  6. Failed to properly clean animal enclosures
  7. Had an inadequate disease control program
  8. Did not list weights of animals and methods used to kill animals
  9. Did not properly keep animal intake and disposition records
  10. Facility needed repairs to prevent injury to animals
  11. Allowed animal enclosures to deteriorate to the point they could not be properly cleaned

Sadly, the New Jersey Department of Health continued to find significant issues during another inspection in 2011. The inspection report noted dogs housed in kennels with a collapsed roof and workers throwing damaged roof material directly over these dogs. Additionally the report stated outdoor drains were in severe disrepair, no isolation areas for sick large dogs existed, automatic dog feeders were filthy, dogs were exposed to contaminated water and chemicals during the cleaning process, and some animals were not receiving prompt medical care.

Last year, I wrote a blog highlighting potential violations from 2014. Specifically, records I examined suggested AHS-Newark may have violated state law as follows:

  1. Illegally killing animals during state’s seven day hold period
  2. Failing to properly treat sick animals
  3. Not keeping proper animal intake and disposition records

As a result of this review and the City of Newark’s Department of Health and Community Wellness failing to conduct robust inspections, I requested the New Jersey Department of Health inspect AHS-Newark.

After animal advocates got word of a joint New Jersey Department of Health and Newark Department of Health and Community Wellness inspection (undoubtedly the New Jersey Department of Health did most, if not all, of the work) last week, AHS-Newark attempted to downplay the results. Specifically, the organization made a Facebook post that included the following language suggesting AHS-Newark just needed to refine a few processes to make sure it is “operating at the highest level”:

Associated Humane Societies (AHS) Newark branch has recently been inspected by both the NJ State Health Department and the City of Newark Health Department. We are working closely with both agencies to ensure we are operating at the highest level we can so we may provide the best service possible to both the animals and the public. We look at this as an opportunity to review and improve our processes and to retrain established and new staff.

Was AHS-Newark being fully transparent with its statement? Does AHS-Newark have massive problems? Has AHS-Newark consistently had the same issues? What kind of “service” does AHS-Newark provide to the animals and the public?

You can view the inspection report here and the related photos here. All photos posted in this blog were originally sourced from the New Jersey Department of Health’s August 22, 2017 inspection of AHS-Newark.

AHS-Newark Violates State Law on a Massive Scale

According to the inspection report, AHS-Newark did not comply with state law to such an extent that the City of Newark could not issue the facility a license.

1.2 (a) and (b) The facility is not in compliance with these rules, therefore a satisfactory certificate of inspection for the current licensing year by the local health authority cannot be issued. The facility is currently unlicensed and a license for the current year cannot be issued by the City of Newark until the facility is brought into significant compliance.

Illegal Killing During Seven Day Protection Period

AHS-Newark illegally killed both stray and owner surrendered animals during the seven day protection period. In fact, AHS-Newark illegally killed many animals according to the inspectors. Given AHS-Newark violated this law in 2009 and should have known from my blog last year that it potentially violated the law in 2014, the shelter has no excuse for these actions. To make matters worse, AHS-Newark illegally killed surrendered animals at the shelter and its clinic next door. Clearly, AHS-Newark has no respect for life since it can’t wait a mere seven days to kill animals.

1.10 (a) 1. and N.J.S.A. 4:19-15.16 Many animals were being euthanized before being held the required 7 days after intake or impoundment. Records showed that stray and surrendered animals that were received at the facility by animal control officers and other individuals were being euthanized within the mandatory 7 day holding period. Stray impounded animals are required to be held at least 7 days to provide an opportunity for owners to reclaim their lost pets. Examples of animals euthanized within the required 7 day holding period include but were not limited to the following ID numbers: 22392, 22393, 22394, 22395, 22396, 22397, 22398, 22399, 22400, 23831, 22847, 22856, 23999, 24000, 22684, 23708, 23732, 23733, 19517, 22937, 22945, 22944, and 22936.

Animals were also being accepted for elective euthanasia and were being euthanized on intake. Although the animals were being taken to the medical ward section of the facility for euthanasia to be performed, the owner of the animal was paying the euthanasia fees directly to the animal facility at the front desk. The veterinary medical ward is not a separate entity from the animal shelter and impoundment facility. In the case of an owner surrender, the facility is required to offer the animal for adoption for at least 7 days before euthanizing it, or may transfer the animal to an animal rescue organization facility or a foster home prior to offering it for adoption if such transfer is determined to be in the best interest of the animal by the shelter or pound.

Records Suggest Killing and Euthanasia May Not Be Humane

AHS-Newark violated various euthanasia provisions of state law. Specifically, AHS-Newark did not:

  1. Post proper written euthanasia/killing instructions to assist people in conducting the procedure humanely
  2. Weigh animals prior to killing/euthanasia to ensure animals received proper doses of sedatives and killing agents
  3. Specify the method of killing/euthanasia

If AHS-Newark failed to provide enough sedatives, animals could experience emotional distress. Similarly, if AHS-Newark did not provide enough Fatal Plus and verify the animals’ deaths, animals potentially could have been placed into the facility’s incinerator while still alive.

1.11 (f) Written instructions were not posted in the euthanasia area that included the dosages by weight in pounds of all euthanasia, immobilizing, and tranquilizing agents used at the facility. Animals were not being weighed prior to administration of euthanasia, immobilizing, or tranquilizing agents. The weight recorded on an animal’s record at the time of intake was being used to calculate the dosages of these substances, but the weight on intake may not be the same weight of the animal at the time it is euthanized. Euthanasia records were not maintained that contained the body weight and dosage of all euthanasia, immobilizing, and tranquilizing agents administered to each animal. Dosage and usage logs were being maintained in a euthanasia log book, but this information was not available in the records reviewed by inspectors at the time of this inspection as required. (See 1.13 for more details.)

1.13 (a) Inspectors went to the medical ward of the facility and were provided with a stack of euthanasia records for animals that had been euthanized at the facility within the past month, but these records did not include the intake information and the description of the animals as required. The inspectors were unable to correlate the intake information and record numbers of animals that were obtained at the front desk to most of these euthanasia records. The weight of the animals was not being recorded on these paper records and the method of euthanasia, such as IV, IC, or IP, was not recorded in these records. Some of the euthanasia records were also missing the amount of euthanasia and tranquilizing agents that had been administered to these animals in addition to the species and description of these animals that had been euthanized.

Dead Animals Treated Like Trash

According to the inspection report, AHS-Newark had “bags of dead animal carcasses” next to the outside portion of its dog enclosures and close to its incinerator. Clearly, these bodies were outside for a long period of time since “a swarm of flies” were around the corpses. To make matters worse, more carcasses were dumped along with actual trash in a shopping cart just like the 2009 inspection report found. What kind of terror did the live dogs in the nearby enclosures feel with this stench of death in the air?

1.3 (d) There were bags of dead animal carcasses that had attracted a swarm of flies and were placed inside the gate adjacent to the dogs housed in the outdoor enclosures. These bags were stored outside of the walk-in refrigeration unit in the fenced area where the incinerator is located. There were additional bags of carcasses and trash stored in a red shopping cart in this same area that were also covered with flies.

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AHS-Newark Allows Disease to Spread Like Wildfire

Despite AHS taking in over $9 million of revenue last year, AHS-Newark failed to have a a supervising veterinarian establish a legally required written disease control and adequate health care program. Prescribed medicines were not administered to animals or given improperly according to shelter documents.

1.9 (a) The supervising veterinarian had not established a written disease control and adequate health care program at the facility and a disease control program was not being sufficiently maintained under the supervision of the veterinarian. Medications that had been prescribed by the veterinarian were not being documented as being administered as prescribed on the prescription label. Daily medication administration logs were missing several days, indicating that the medication may not have been administered on those days; daily medication logs were not being maintained and were not available on the shelter side of the facility; a prescription label for enrofloxacin prescribed to a dog with ID number 23466, stated to administer one tablet per day, but the medical chart on the computer stated twice per day.

The inspection report noted AHS-Newark did not separate sick animals from healthy ones. Isolating sick animals with contagious diseases is the cornerstone of any disease control program. In a shelter environment, one sick animal can quickly infect dozens more.

Shockingly, AHS-Newark did not provide veterinary care to a number of sick animals. Instead, it allowed a poor “listless” dog with “thick green nasal discharge” to sit in the main kennels. The animal caretaker in charge of medical care’s response? The dog “doesn’t look sick now.” Even worse, AHS-Newark kept dogs awaiting spay/neuter surgeries with coughing dogs having various contagious diseases. Since AHS-Newark typically only spays/neuters animals after someone adopts a pet, many adopters may have received a dog who was sick.

1.9 (f) Animals with signs of a communicable disease were not separated from other healthy animals and placed in an isolation room in order to minimize dissemination of such disease. Dogs that were said to have been diagnosed with Kennel Cough Complex by the supervising veterinarian and were prescribed medications, were housed in the general population. A brindle pit mix housed in kennel number 124 in the main kennel area of the facility, appeared listless and had thick green nasal discharge (pictures 3105 and 3106). This dog was not seen by a veterinarian and was not receiving medical care and was not moved to an isolation room. When this dog was pointed out by the inspector to the animal caretaker in charge of medical care, the caretaker stated that the dog “does not look sick now.” Animals in the general medical ward room, including one of the larger dogs that was heard coughing, were prescribed treatment for various illnesses and communicable diseases, but there were also healthy animals housed in this room that were awaiting spay or neuter surgeries before being released to their adoptive families.

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Even worse, AHS-Newark failed to even treat sick animals in the general population. If spreading disease to other animals was not bad enough, the inspectors specifically stated “animals exhibiting signs of stress were not provided any type of relief.”

Animals that were exhibiting signs of illness were housed with the general population and several animals that were being housed in the basement isolation room were not reported to and were not under the care of the supervising veterinarian. Animals exhibiting signs of stress were not provided with any type of relief. The disease control protocols established for the highly contagious isolation room located in the medical ward section of the facility were not being adhered to by the animal caretakers. (See 1.9 (d) through (h) for details.) There were signs on the door to two cat rooms that stated do not use until approved by Dr. Reich (the supervising veterinarian) but the manager and staff stated that they did not know why those signs were placed on the doors and why those rooms could not be used.

AHS-Newark staff allowed disease to spread from the isolation area to the rest of the facility. Animal shelter employees must wear various protective clothing and gear to avoid transmitting highly contagious diseases to healthy animals. Despite clear written instructions on the wall outside the isolation area, the AHS-Newark animal caretaker wore their gloves in the isolation area and outside of this space. In fact, this person even walked into the general medical area with these gloves exposed to highly contagious diseases. To make matters worse, the animal caretaker also took two water bowls from the isolation area to the general medical ward and the person stated they hose off litter boxes from the isolation area outside. Thus, AHS-Newark created conditions for disease to rapidly spread through and outside the facility.

1.9 (f) 1. There was a sign posted on the wall outside of the highly contagious isolation room located at the end of the hallway in the medical ward area of the facility that contained instructions and procedures to control the dissemination of disease. The sign listed two veterinarians to contact for questions, but neither of these veterinarians were listed as the supervising veterinarian for the facility. The animal caretaker that was cleaning the cages in this highly contagious isolation room was not adhering to the posted instructions. The instructions stated to wear personal protective equipment, including gowns and shoe coverings and gloves, and to remove PPE when leaving the room. The person that was cleaning this room on the day of this inspection left the room several times during the cleaning process, and was not wearing gowns or shoe coverings as instructed on the sign. This person did not remove gloves before leaving this room and walked to the restroom to fill a water bowl, touching the door handle with the used gloves on, and later walked to the general medical ward room at the other end of the hallway to use the utility sink and again to get paper for the cages in the highly contagious isolation room. When questioned, the animal caretaker stated that bowls from this highly contagious isolation room are cleaned in the utility sink located in the general medical ward room and litter boxes are taken outdoors and hosed off and cleaned outside. This practice of cleaning litter receptacles and other items outdoors, both from the isolation rooms and the general population creates the potential for disease transmission to the outside of the facility.

AHS-Newark locked up feral cats in a hidden prison. According to inspectors, the room’s glass walls were completely covered with cardboard preventing people from looking inside. Furthermore, inspectors couldn’t even see inside after removing the cardboard due to accumulated filth.

1.9 (d) Cats that were difficult to handle and classified as “feral” cats were housed in enclosures that contained glass walls that were completely covered with cardboard and newspapers. These cats could not be observed for signs of disease, illness or stress. When the inspectors pulled off a portion of the cardboard to try and view these cats, the glass beneath was too dirty to see through clearly. This enclosure door contained a padlock so the inspectors were unable to open the door to get a better view of the cats and the conditions inside this enclosure.

To make matters worse, the shelter provided no hiding boxes, soft bedding, resting benches and individual housing compartments to allow these cats to hide from other cats in order to relieve stress. Stressed cats are more likely to contract diseases. Simply put, AHS-Newark threw so-called feral cats into this room until they met their fate (presumably killing).

1.9 (d)2. The hiding boxes that had previously been used in the “feral” cat enclosures were removed due to deterioration and had not been replaced with alternate suitable hiding boxes. There were approximately 27 cats housed in one of these enclosures and these cats were not provided with soft bedding and hiding places, resting benches, or individual housing compartments to hide from other cats in the same enclosure in order to relieve stress.

AHS-Newark’s dog enclosures were kept in such disrepair that staff could not disinfect these places. Therefore, once disease spread from the isolation area or other places, the dog kennels probably became and stayed infected. If that wasn’t bad enough, AHS-Newark’s food storage area was also prone to harboring disease for the same reasons.

1.4 (f) The interior surfaces of the main dog kennel enclosures and throughout the facility were in severe disrepair. The layers of accumulated peeling paint and broken concrete in the animal enclosures and throughout the facility created crevices that were unable to be readily cleaned and disinfected. The food storage room had holes in the walls at the floor that had been filled with expanding foam. This foam was not cut back, leveled, and covered with an appropriate product to create a smooth surface before being painted which resulted in numerous nooks and crannies that could not be readily cleaned and disinfected.

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To make matters worse, cats in group housing resided in rooms with carpeted cat trees that contained accumulations of dried feces or vomit.

There were carpeted cat trees and sisal rope cat scratchers in the communal cat rooms that contained an accumulation of hair and dried feces or vomit. These cat trees and rope items cannot be cleaned and disinfected and need to be removed and replaced with suitable items as discussed with the manager at the time of this inspection. The window ledge in the communal cat room was in disrepair and was unable to be readily cleaned and disinfected; the caulking was in disrepair at the viewing window ledge and needed to be resealed.

AHS-Newark also may have provided contaminated food to animals. The shelter did not scrub off particles on food and water bowls. Water dispensing devices had accumulated grime. In the basement isolation area sink, AHS-Newark had a bowl of food with black mold growth. One has to wonder how long this food bowl sat there.

1.7 (e) and (h) Animal food bowls were not being scrubbed clean before being disinfected. Food and water bowls were emptied and sprayed down with a disinfectant, but were not scrubbed clean before the disinfectant was applied. There were food particles left on the inside surfaces of the food buckets after the disinfecting process and there was an accumulation of grime on the automatic waterers that the inspector was able to scrape off with her fingernail after the disinfecting process was completed. The manufacturer’s instructions for this disinfectant requires that food contact surfaces be scrubbed before disinfection and the instructions state “Then thoroughly scrub all treated surfaces with soap or detergent and rinse with potable water before reuse.” These food and water receptacles were not being scrubbed with a soap or detergent appropriate for food contact surfaces followed by a thorough rinse with potable water after this disinfectant was applied.

The utility sink located in the basement isolation room contained stainless steel bowls that had not been cleaned. There was a large serving spoon in one of these bowls that had caked on food, and the food in the bowl appeared to have signs of decomposition and black mold growth.

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Similarly, AHS-Newark’s food storage area was a disaster. According to the inspection report, the shelter did not regularly clean this area and it accumulated spilled food, pigeon feathers and other debris.

The food storage room was not being cleaned regularly and there was an accumulation of spilled food, trash, pigeon feathers, and debris under and between the bags and boxes of stored food. The areas between and under the roll out banks of stainless steel caging contained an accumulation of dirt, trash and debris and were not being cleaned.

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If all of this was not bad enough, AHS-Newark did not even clean its kennels properly. Specifically, the geniuses at AHS-Newark sprayed disinfectant in kennels before removing all the feces. Even after using a rake to remove the feces, they did not remove “a thick layer of feces that remained on these surfaces.” Thus, the shelter did not disinfect the animal enclosures.

1.8 (c) Enclosures were not being thoroughly cleaned and rinsed as required by the manufacturer’s instructions before the disinfectant was applied to non-food contact surfaces. The disinfectant was being sprayed into the kennel enclosures before the feces were removed from these enclosures. The animal caretakers were instructed to scoop the feces from the enclosures, but after they scooped with a rake, there was still a thick layer of feces that remained on these surfaces that was not scrubbed off and rinsed away before a fresh application of disinfectant was applied. The manufacturer’s instructions state “Thoroughly clean all surfaces with soap or detergent and rinse with water. Apply fresh Use Solution to floors, walls, cages and other washable hard, non-porous environmental surfaces.”

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AHS-Newark Leaves Animals in Inhumane Conditions

AHS-Newark left a live skunk in unspeakably cruel conditions. According to the inspection report, the shelter picked up a live skunk at 7:00 am or 7:30 am and subsequently left the animal in direct sun in a blanket covered carrier on a concrete surface with air temperatures as hot as 87 degrees. The inspector found the animal at 11:20 am. Undoubtedly, the actual temperature inside the carrier was hotter since it was on a concrete surface. To add insult to injury, AHS-Newark left the skunk next to a bag of dead animals and an incinerator. The shelter effectively left the animal to die in these hot temperatures and allowed the skunk to sense its fate with the bag of slaughtered animals and incinerator close by. The AHS manager initially told the inspector no animal was in the carrier, but when the inspector showed them the skunk, the AHS manager stated the skunk was dead. Would AHS-Newark have placed this live animal into the incinerator if the inspector was not there? Only after the inspector notified shelter personnel did AHS-Newark move the skunk to a cooler place. What medical care did AHS-Newark ultimately provide? Killing later that day.

1.5 (a) A live skunk was found inside a small animal carrier which was completely covered with a heavy, black and white heather blanket and placed in direct sunlight on a concrete surface. The outside air temperature was approximately 85 to 87 degrees Fahrenheit at the time the skunk was found by the inspector at approximately 11:20 AM. This skunk was found adjacent to a bag of dead animal carcasses in the fenced area between the outdoor animal enclosures where the incinerator is located. When questioned, the manager stated that the carrier was empty, but when the inspector lifted the blanket and saw the skunk, the manager said the skunk was dead. The inspector told the manager that the skunk was alive and needed to be moved immediately out of the direct sunlight and placed in a cool location. The manager moved the skunk over several feet out of the direct sun and shortly after, the skunk was placed in the hallway of the building and was euthanized later that day. Records indicated that this skunk was picked up at 7:00 or 7:30 AM that morning (report shows 7:00 AM over written with 7:30).

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The shelter left a poodle in an enclosure on cardboard instead of proper bedding. As a result, the animal had urine soaked fur on its rear end and could not remain dry and clean.

1.6 (a) 4. A white poodle type dog housed in the small dog room had urine soaked fur on its rump and its legs and was unable to remain dry and clean. A large sheet of cardboard was being used as bedding in some of the small animal enclosures, which may be sufficient for cats that are provided with a separate litter receptacle, but this cardboard is not readily absorbent and liquids bead up long enough for the animals contained in these enclosures to become contaminated.

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AHS-Newark housed a mastiff in such a small enclosure that the animal could not turn about freely and lie in a comfortable position.

1.6 (a) 6. There was a large black mastiff type dog, ID number 23294, housed in a small enclosure, cage number 176, located against the back wall of the main basement housing area. This enclosure did not provide sufficient space for this dog to turn about freely and to lie in a comfortable normal position.

If this dog did not endure enough torture, the poor creature was left in the dark. How dark was his kennel? During the day, the inspectors could only see a reflection of the animal’s eyes and a shaded figure from outside the enclosure.

1.4 (d) There were lighting fixtures that needed repair throughout the facility, including the lighting fixture in the basement above enclosure number 176 that housed a large, black mastiff type dog. The lighting in this enclosure was insufficient and only the reflection of the eyes and a shaded figure of the dog could be seen from the front of this enclosure. (This dog can be seen in picture 3159 because of the camera flash.)

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Animals other than cats and dogs did not escape AHS-Newark’s neglect. According to the inspection report, the exotic animal room contained an “accumulation of rabbit feces and urine” and “most of this feces and urine had dried and adhered to these surfaces.”

The room where the exotic animals were housed contained an accumulation of rabbit feces and urine on the walls, on the electrical outlet, behind the filing cabinet and on the floors and baseboards around and under the rabbit enclosures and the filing cabinet. Most of this feces and urine had dried and adhered to these surfaces. There were white urine stains from the rabbits that had dried and set on the floor tiles surrounding these rabbit enclosures. The bars of these cages and the wheels contained an accumulation of feces and other dirt and debris and were not being cleaned and disinfected daily as required.

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AHS-Newark also failed to properly exercise dogs residing in small kennels as required by law. To make matters worse, AHS-Newark did not even allow dogs with a “vicious disposition” in the basement or in the small dog room to go for walks or to exercise in larger dog runs at all.

1.6 (h) Adult dogs confined in cages of less than double the minimum standard size were not being exercised in runs at least twice a day or walked on a leash for at least 20 minutes per day. Dogs housed in the basement enclosures and dogs housed in the small dog and cat room were not provided with runs to exercise and only some of these animals were being walked on a leash daily. The few dogs that were walked on a leash were said to be provided with a maximum of 5 to 10 minutes of walking time and there was not enough staff available to walk each dog for at least 20 minutes per day. Dogs with a vicious disposition that were housed in the basement or the small dog and cat room were not walked at all and did not have access to an exercise run.

AHS-Newark left several ill and injured dogs in enclosures without providing veterinary care. Two dogs appeared to have blood in their urine, one dog had diarrhea and vomited, and a third dog had an open wound on its paw. Even several dogs in the so-called basement isolation area did not receive veterinary care.

1.9 (d)1. Two dogs housed in the main dog kennel area appeared to have blood in their urine (pictures 3098 and 3099) and a shepherd type dog, ID number 23882, housed in the general housing area of the basement had diarrhea and had vomited its food. A white bully type dog had an open wound on its paw and there was no evidence that this dog was provided with medical care (picture 3157). Several animals that were housed in the basement isolation room were exhibiting signs of illness but the manager stated that these dogs had not yet been seen by a veterinarian and were not receiving medical treatment. Examples include ID numbers 23694, 23090, and 23572. Numerous animals housed in the medical ward holding room were prescribed medication, but the medical treatment logs were incomplete. Examples include, but were not limited to, ID numbers 23063, 22870, and 23378.

3098 pt 2

3099

3157

AHS-Newark’s housing facilities were deplorable. According to the inspection report, “there were holes in walls in numerous rooms large enough for rodents to traverse.” Additionally, the inspection report noted “concrete flooring and block walls were in severe disrepair throughout the entire facility, with large cracks and chunks of missing concrete.” AHS-Newark even left “a large chain-link gate balanced on top of the outdoor dog enclosures; a strip of welded wire hardware cloth with exposed sharp pointed wires” hanging over the outdoor dog enclosures with a bowl, a bottle and other debris on top of these kennels. Simply put, AHS allowed its Newark facility to fall apart despite taking in around $8 million of revenue on average each year for the last decade.

1.3 (a) The housing facilities for animals were in disrepair. There were holes in the walls in numerous rooms that were large enough for rodents to traverse. Concrete flooring and block walls were in severe disrepair throughout the entire facility, with large cracks and chunks of missing concrete. The concrete flooring was peeling off in sheets. There was a large chain-link gate balanced on top of the outdoor dog enclosures; a strip of welded wire hardware cloth with exposed sharp pointed wires was hanging over the outdoor enclosures; and a bowl, a bottle with unknown contents and other items and debris were found on top of these animal enclosures. There were screws protruding from the wall in the “feral” cat enclosure where the original hiding boxes had been removed.

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In fact, the inspectors appeared concerned that a wall located at the door to the exterior kennels could collapse.

There was a large structural crack near the upper portion of the wall located at the door to the exterior kennels, where the concrete blocks or cinder blocks had separated and moved away from the inside wall. The attendant stated that this wall had not been evaluated by a qualified engineer and it was not determined if the wall would collapse.

The inspection report noted numerous facility problems that could injure animals. In the following example, AHS-Newark left damaged dog beds in enclosures that had exposed screws and sharp edges.

1.6 (a) 7. Many of the raised dog beds had damaged metal and plastic hardware that join the legs to the frame and support the beds. This hardware had exposed screws and sharp edges that could cause injury to the dogs. Some of these beds had damaged areas with sharp points from broken plastic legs and other chewed areas that could cause injury to the dogs.

Similarly, another dog enclosure contained a drainage pipe with no cover that could injure a dog’s legs:

1.6 (a) 2. There was a large, round, open drainage pipe in an outdoor dog enclosure that was missing a cover, which left an opening in the floor. This hole could cause leg injuries to the dogs housed in this enclosure.

The shelter’s main and outdoor dog kennels were exposed to water. HVAC vents were leaking water in the main dog kennel area. Water leaked from an air handling unit in the basement into an animal enclosure. Runoff from clogged gutters overflowed into the outside dog area. Therefore, dogs were housed in areas exposed to leaking water.

The air conditioning system was not being properly maintained or had not been properly installed to control water runoff from the various units. Water was leaking from the inside of the HVAC vents in the main dog kennel area; water was leaking from the air handling unit in the basement into an animal enclosure; and there was a heavy stream of water from an unknown source that was flowing off the roof into the gutter. The gutter was clogged with debris and this runoff was overflowing into the outside dog kennel area.

AHS-Newark’s ventilation systems had systemic problems. Despite the inspection taking place in August, AHS-Newark provided insufficient ventilation to dogs housed in the basement. Ventilation systems in other areas were filthy and/or in disrepair.

1.4 (c) The ventilation in the basement was insufficient to provide for the health and comfort of the animals housed in these rooms. The large exhaust fan in the general animal housing area of the basement was not being used at the time of this inspection, and the ventilation that was previously installed had been disconnected. The vent cover in the isolation room was cracked and contained an accumulation of dirt and debris. The ventilation covers in the general housing areas and other rooms throughout the facility also contained an accumulation of dirt and debris and needed to be cleaned. The plastic ventilation duct connected to the portable ventilation unit in the isolation room was improperly installed and was hooked to a piece of welded wire hardware cloth that was covering what appeared to be an obscured basement window opening. There was a piece of plexiglass type of plastic partially covering this window opening on the inside, in front of the hardware cloth.

The shelter’s basement, which houses dogs, had debris with “a long, roundworm like appearance” and other debris that had “the appearance of soaked rodent droppings.”

There was an accumulation of unrecognizable debris, some of which had a long, roundworm like appearance (possibly fibers of some sort), intertwined with small oblong pieces of debris that had the appearance of soaked rodent droppings. This debris had accumulated in the far corner under the utility sink located against the front wall in the basement.

If that was not bad enough, the upper storage area above the inside dogs kennels had “an excessive accumulation of rodent droppings.” Not only did AHS-Newark dogs have to live in poor conditions, but they had large amounts of rodent feces nearby.

There was an accumulation of rodent droppings in an upper storage area over the inside dog kennels and an excessive accumulation of rodent droppings in the long florescent light fixture in this same area.

Why did the shelter harbor so many rodents? The inspection report notes pet food was spilled all over the facility. Furthermore, AHS-Newark kept bags of donated food in a “haphazard” pile 3 to 4 feet high against a wall that facilitated rodent infestations.

1.3 (c) Food was spilled on top of food bags and on the floor between the wooden pallets in the food storage area located in the basement. Pieces of kibble were also found spilled in numerous locations throughout the facility, including in rooms that were not being used. Kibble was found between the fins of the baseboard radiators and under these radiators, under cages, in corners, behind storage items, inside cages that were said to have been cleaned, and there were pieces of kibble found next to rodent bait stations.

Bags of dry food that were said to have been recently donated were stored haphazardly in a pile approximately 3 to 4 feet high and touching the wall in the basement food storage room. Bags of purchased food were also stored against the wall. Food should be stored away from the wall and in a manner to facilitate cleaning in and around the bags of food, to prevent rodent harborage and infestation and to allow for sufficient ventilation to prevent moisture accumulation and molding of food.

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Improper Intake and Disposition Records Raise Concerns of More Killing

The inspection report noted AHS-Newark failed to include the ultimate disposition of a number of animals in its records. In other words, we don’t know what happened to these creatures. If AHS-Newark failed to record what happens to all of its animals, its kill rate may be higher than it reports.

1.13 (a) Computer records were being maintained, but staff was unable to access certain disposition records, including the required euthanasia documentation, and the paper records were incomplete. Inspectors were provided with a stack of paper intake records for animals received at the facility for the past month, but these records did not include the disposition records for these animals, and the inspectors were not provided computer access to review the records for these animals. A few records were selected by inspectors and the office staff could provide the disposition information for a small number of animals, but most of this information and the details were not readily available and the euthanasia information was inaccessible to the staff at the front desk.

NJ SPCA Must File Large Numbers of Animal Cruelty Charges

AHS-Newark committed atrocities against its animals on a massive scale. Frankly, I’ve never seen any New Jersey animal shelter treat animals this badly. Given this blog reported heinous conditions at many other state shelters, this says a lot. From leaving a skunk in a covered carrier during a hot August day next to dead animals and an incinerator, to leaving ill and injured animals to suffer, to allowing highly contagious diseases to spread, to illegally killing animals during the seven day protection period, to possibly killing animals inhumanely, to having dead bodies in bags and a shopping cart for apparently long periods of time near an area housing live dogs, to leaving animals in conditions where they could injure themselves, AHS-Newark proved over and over again that it must be brought to justice.

Most troubling, the inspection report found the same problems, and even some new ones, documented in the 2003 SCI report and the horrific 2009 and 2011 New Jersey Department of Health inspection reports. Roseann Trezza was the Executive Director during the 2009 and 2011 inspections and was Assistant Executive Director when the SCI issued their report. Simply put, the NJ SPCA must throw the book at Roseann Trezza. This woman should not work with animals let alone lead the state’s largest animal sheltering organization. In the past, the NJ SPCA never went after AHS. Perhaps, this was due to former NJ SPCA Deputy Chief and Board President, Terrence Clark, also being Assistant Executive Director of AHS at the time? Whatever the reason, the NJ SPCA must act strongly if it wants to keep what little credibility it has left.

Municipalities Must Terminate Contracts with AHS

AHS-Newark contracting cities and towns can no longer fund this out of control house of horrors. While taxpayers should not support a high kill shelter, they should never pay an entity repeatedly violating state law on a massive scale. If the elected officials do not terminate their contracts with AHS-Newark, their political opponents should make this a campaign issue by running ads with the elected officials’ photos and pictures and language from this inspection report. Simply put, taxpayers should not have to tolerate spending their money on an organization treating animals like literal garbage over and over.

While some people may worry about shelter capacity issues if these municipalities leave AHS-Newark, this is not a significant problem. As I’ve documented in other blogs here and here, the state’s animal shelter system has more than enough space to absorb AHS-Newark’s animals if shelters’ use their full capacity and move animals into safe outcomes as quickly as other good animal control shelters. Specifically, all the municipalities, other than the City of Newark, are not large and do not have too many homeless animals. In the case of the City of Newark, it could request the New Jersey Department of Health to allow Newark to send its animals to several facilities in order to not overwhelm any single one.

At the same time, Newark Mayor Ras Baraka must re-start former Mayor Booker’s project to build a new no kill shelter in the city. While the City of Newark whould never have been in this position if it started building the shelter as planned in 2013, it now has all the justification it needs to take on this initiative.

Residents in the following municipalities should contact their mayors using the information below and demand they terminate their arrangements with AHS-Newark.

Belleville: (973) 450-3345
Carteret: (732) 541-3801
Clark: (732) 388-3600
Fanwood: (908)-322-8236, ext. 124; mayor@fanwoodnj.org
Hillside:(973) 926-3000
Newark: (973) 733-6400; https://www.newarknj.gov/contact-us
Irvington: (973) 399-8111
Linden: (908) 474-8493; darmstead@linden-nj.org
Fairfield: (973) 882-2700; jgasparini@fairfieldnj.org
Orange: (973) 266-4005
Plainfield: (908) 753-3000; adrian.mapp@plainfieldnj.gov
Roselle: (908) 956-5557; cdansereau@boroughofroselle.com
Rahway: 732-827-2009; mayor@cityofrahway.com
Winfield Park: (908) 925-3850

New Jersey Department of Health Must Inspect AHS-Tinton Falls and AHS-Popcorn Park

Given the massive problems at AHS-Newark, one has to also wonder how AHS-Tinton Falls and AHS-Popcorn Park operate. The New Jersey Department of Health has not inspected these other facilities in recent years. As a result, we need to know if AHS-Newark’s problems also occur at its sister shelters.

State Agencies Must Replace the Entire AHS Board and Executive Leadership

The AHS Board of Directors allowed Roseann Trezza to operate her facility without effective oversight. Roseann Trezza is the President of the Board of Directors. Furthermore, many of the AHS board members are employees/former employees or have other potential conflicts of interest that seriously question their ability to oversee this failing organization. Thus, the AHS board failed over and over to fix their organization’s catastrophic problems.

After the SCI released its 2003 report on AHS, AHS Executive Director Lee Bernstein resigned and Roseann Trezza took over. However, as we’ve seen over and over during the last 14 years, all of the awful AHS leadership needed to go.

As such, the various state agencies overseeing AHS should do everything in their power to force AHS to replace its entire leadership team and Board of Directors. Despite these massive issues, including significant structural issues potentially requiring a new facility, AHS has made statement to the press giving lame excuses and portraying that its well on its way to solving the catastrophic problems. Clearly, this organization is not serious about improving itself to any significant degree. If AHS wants to continue operating animal shelters, it must change its entire organization and not make a few minor tweaks as its recent Facebook post about the inspection implied. Creating a commission with no kill leaders and other innovative figures in the animal welfare movement can help put the right people in charge of the state’s largest animal sheltering organization. As a result, we can transform AHS-Newark from a house of horrors into a temporary home that provides love, elite care, and new lives to all healthy and treatable animals.

Passaic’s Pitiful Animal Shelter

In 2004, Passaic Animal Shelter banned its volunteer group for allegedly “violating a number of policies.” However, the volunteers, who were also known as Helping Hands Passaic, also complained about the facility’s poor conditions and unnecessary killing. Therefore, Passaic Animal Shelter, like many regressive facilities, banned the volunteers in order to protect themselves at the expense of the animals.

The New Jersey Department of Health vindicated the volunteers after it issued a scathing inspection report later that year. The inspection report’s key findings were as follows:

  1. Illegal killing of stray cats during the seven day hold period
  2. Inadequate isolation of a kitten with ringworm
  3. Several cats and dogs did not have access to water
  4. Two outdoor dog runs had metal pipes with rusty and sharp edges that could cause serious injuries
  5. Improper food storage, including cleaning solution spilled on dog food bags
  6. Improper record keeping
  7. No required inspection performed by the Passaic Health Department
  8. An animal control officer left an opossum in a vehicle for two hours in 107 degree temperatures

After the inspection, the NJ SPCA issued three summonses to shelter staff for needlessly killing the stray cats during the seven day hold period and leaving the opossum in the hot vehicle. Despite this horrific treatment of animals, one of the charged staff, Marilyn Comerford, stayed on as the Animal Control Officer for 10 more years until she retired in 2014. Even worse, the City of Passaic honored Ms. Comerford, who also was the shelter manager, “for her years of dedication and service.”

How does the Passaic Animal Shelter perform today? Is the shelter a refuge for homeless animals or a place where they go to die?

Passaic Runs a High Kill Shelter

Passaic Animal Shelter killed many dogs at its shelter in 2016.  You can view the actual records here. Overall, 22% of all dogs who were impounded in 2016 lost their lives at the Passaic Animal Shelter. If we just count the dogs not reclaimed by owners (i.e. dogs the shelter had to find new homes for), 39% of all the dogs Passaic Animal Shelter took in during 2016 were killed or died. In other words, more than one out of three dogs Passaic Animal Shelter had to find new homes for lost their lives.

Passaic Animal Shelter killed large numbers of pit bulls. Of the 86 pit bulls arriving at Passaic Animal Shelter in 2016, 33 or 39% of these animals lost their lives. If we just count pit bulls Passaic Animal Shelter had to find new homes for, 58% of these dogs lost their lives. Thus, Passaic Animal Shelter operated more like a pit bull killing factory than a shelter for pit bulls.

While Passaic Animal Shelter’s live release rate appeared good for small dogs and other non-pit bull like dogs, it still killed too many of these animals. 10% of small dogs and 13% of other non-pit bull like dogs impounded during 2016 and not reclaimed by owners lost their lives. As a comparison, the Elizabeth Animal Shelter, which is not a role model shelter, only euthanized 2% of nonreclaimed small dogs and 6% of nonreclaimed medium-large sized breeds other than pit bulls in 2016. Thus, Passaic Animal Shelter killed too many small dogs and medium to large sized non-pit bull like dogs.

Passaic Animal Shelter adopted out hardly any dogs. Of the 170 dogs arriving at Passaic Animal Shelter in 2016, the facility adopted out just 8 dogs or 5% of the dogs it took in. To put it another way, the shelter adopted out just 1 dog every 1.5 months. Frankly, a single person could foster and adopt out more dogs than the Passaic Animal Shelter did last year. Given this tiny number of dog adoptions, is it any wonder why the shelter kills so many dogs?

Passaic Animal Shelter 2016 Dog Statistics

Passaic Animal Shelter also killed large numbers of cats. You can read the actual records here. Overall, 48% of the 292 cats who were impounded during 2016 lost their lives. 45% of neonatal kittens (under 6 weeks old), 43% of older kittens (6 weeks to under 1 year) and 58% of adult cats (1 year and older) failed to leave the shelter alive. Simply put, Passaic Animal Shelter performed terribly for all types of cats.

Austin Animal Center in Texas proves Passaic Animal Shelter can save all of its healthy and treatable cats. Only 5% of all cats, 7% of cats 1 year and older, 3% of kittens aged 6 weeks to just under 1 year and 5% of kittens under 6 weeks lost their lives or went missing at Austin Animal Center in 2016. In other words, the death rate at Passaic Animal Shelter was 8 to 14 times greater for cats of various ages. Therefore, despite Passaic Animal Shelter impounding far fewer cats than Austin Animal Center in total and on a per capita basis, Passaic Animal Shelter killed a much higher percentage of these animals.

Passaic Animal Shelter also hardly adopted out any cats. Of the 292 cats entering the shelter in 2016, only 32 cats or 11% were adopted out. In fact, Passaic Animal Shelter only adopted out 1 cat every week and a half. To put it bluntly, the shelter seemed to make little to no effort to adopt out its cats.

Passaic Animal Shelter 2016 Cat Statistics

Austin Animal Center 2016 Cat Statistics

Passaic Animal Shelter’s length of stay data reveals it quickly killed dogs. On average, Passaic Animal Shelter killed all dogs after 18.9 days, pit bulls after 41.9 days, and small dogs after 10.7 days. Only one dog from other breeds was killed making its 103 day length of stay irrelevant.

To make matters worse, Passaic Animal Shelter killed dogs with empty kennels. Based on an equation for determining a shelter’s population, we can estimate the Passaic Animal Shelter’s average dog population during the year. Using the 170 annual dog intake figure and the 19.3 day average length of stay for all dogs, we can estimate Passaic Animal Shelter had on average 9 dogs in its shelter during 2016. The Passaic Department of Health’s June 7, 2016 inspection report (10 dogs at facility) and Passaic Animal Shelter’s 2016 Shelter/Pound Annual Report (7 dogs and 10 dogs at facility on 1/1/16 and 12/31/16) indicate this estimate was reasonable. 9 dogs only represents 3/4 of the shelter’s 12 dog capacity per its 2016 Shelter/Pound Annual Report. Thus, Passaic Animal Shelter killed dogs while other kennels remained empty during the year.

Passaic Animal Shelter 2016 Dogs Length of Stay

Passaic Animal Shelter quickly killed cats and took too long to safely place the other cats. On average, the shelter killed all cats after 23.3 days, neonatal kittens after 20.5 days, older kittens after 29.0 days and adult cats after just 19.5 days. With Passaic Animal Shelter killing so many cats, one would expect the facility to have an easy time adopting out the remainder who should have exhibited few behavioral or medical issues. On average, Passaic Animal Shelter adopted out all cats after 56.9 days, neonatal kittens after 71.7 days, older kittens after 40.0 days and adult cats after 71.8 days. Similarly, Passaic Animal Shelter took 43.4 days to send cats of all ages to rescues with adult cats taking nearly 2 months. As a comparison, Colorado’s Longmont Humane Society, which serves as an animal control shelter, achieved a live release rate of 91% for cats over 4 months of age as well as for kittens 4 months and under with average lengths of stay of just 23 days for the older cats and 27 days for the younger cats in 2016. In other words, cats at Passaic Animal Shelter lost their lives at 5 times the rate as Longmont Humane Society despite Longmont Humane Society impounding more cats and having a 30% lower average length of stay than Passaic Animal Shelter (24.4 days verses 34.6 days).

The shelter also killed cats when empty cages existed. Based on the same equation used for dogs above, Passaic Animal Shelter only had an average population of 28 cats in 2016 compared to a capacity of 35 cats. The Passaic Department of Health’s June 7, 2016 inspection report (25 cats at facility) and Passaic Animal Shelter’s 2016 Shelter/Pound Annual Report (13 cats and 17 cats at facility on 1/1/16 and 12/31/16) indicate this estimate was not too low. While the shelter may have been full during certain kitten season months, the shelter clearly killed cats while empty cages existed in many other parts of the year.

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Passaic Animal Shelter Fails to Provide Good Reasons for Killing

Passaic Animal Shelter killed most of its dogs for no reason. Overall, Passaic Animal Shelter listed no documented reason in the records provided to me for 69% of the dogs it killed. In other words, the shelter could not even explain why it took these animals’ lives. The shelter listed “aggressive” and “unpredictable” as reasons for 11% of the dogs it killed. Of the remaining reasons for killing dogs, Passaic Animal Shelter reported 8% were for bite cases, 6% were for serious injuries, 3% were for being nervous and 3% had an undisclosed illness.

Passaic Animal Shelter Dogs Killed Reasons

Hazel was an adult pit bull surrendered by her owner to the Passaic Animal Shelter on May 22, 2016. According to the shelter, Hazel had a “good” temperament, was not “aggressive” and had not bitten anyone. Despite this dog being clearly adoptable, Passaic Animal Shelter killed her for no documented reason 12 days later.

D69 Surrender Form

D69 Kennel Card

D69 Euthanasia Record

Kahloua was a 4 year old pit bull surrendered to the Passaic Animal Shelter by her owner on August 1, 2016. Her owner wrote a letter stating the dog was “not aggressive”, was “friendly”, was “happy”, “likes attention”, has “a good appetite” and “likes to play.” The owner also informed the shelter that Kahloua barked a little bit at people at first, but stopped once she got to know them. Despite the owner’s obvious plea to not kill her dog, Passaic Animal Shelter killed Kahloua 18 days later for no documented reason.

D112 Owner Letter to Shelter

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D112 Kennel Card

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King was a stray adult pit bull picked up at a Burger King on December 21, 2016. Passaic Animal Shelter stated King had a “good” temperament, was not aggressive and was not involved in a bite incident. Despite King being obviously adoptable and arriving at a time of the year when few animals come into animal shelters, Passaic Animal Shelter killed King just 8 days later.

D173 pt 2

D173 Euthanasia Record

Passaic Animal Shelter Kills Cats for No Reasons and Preventable Conditions

Passaic Animal Shelter killed cats using the reasons in the table below. Overall, the shelter most commonly killed cats for no documented rationale. Additionally, the facility often killed cats for exhibiting illnesses, such as Feline Panleukopenia and upper respiratory infections, that it could significantly reduce by vaccinating cats upon intake to the facility, using volunteers to provide enrichment (improves immune response to disease), cleaning the shelter properly, and reducing the animals’ length of stay in a good way. Also, many of the cats with undisclosed illnesses likely had one of these preventable diseases. Thus, Passaic Animal Shelter killed numerous cats for no reasons and preventable causes.

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Cat C66 was a 1 year old cat surrendered to the Passaic Animal Shelter by its owner on May 23, 2016. After just 11 days, Passaic Animal Shelter killed this cat for no documented reason.

C66 Surrender Form

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Cat C188 was a 4 month old cat picked up a stray on August 25, 2016. Subsequently, the cat was surrendered to the Passaic Animal Shelter by his owner on September 6, 2016. After 21 days, Passaic Animal Shelter killed him and 3 other cats he came in with for having Feline Panleukopenia. Given the 14 day incubation period and the many other cases at Passaic Animal Shelter, it is likely Cat C188 and the other cats he came in with contracted the disease at the shelter.

C188 Intake Record

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C188 Euthanasia Record.jpg

Frankly, the large number of Feline Panleukopenia cases at Passaic Animal Shelter are disturbing. Shelter medicine experts state shelters can greatly reduce the instances of this disease by vaccinating animals upon intake, housing cats appropriately, and cleaning effectively:

Although a scary and potentially devastating disease in a shelter, reliable vaccination on intake, effective routine cleaning with a parvocidal disinfectant, and housing that minimizes fomite transmission will greatly reduce the risk of spread. With new tools for diagnosis and risk assessment, even outbreaks can generally be managed without resorting to depopulation.

Furthermore, if Passaic Animal Shelter welcomed volunteers, it could treat cats with Feline Panleukopenia by sending these animals to specially trained fosters (technically the shelter has a foster program, but the facility does not promote fostering and few people would be willing to return fostered kittens to a high kill shelter). At these homes, the cats would receive anti-nausea drugs, antibiotics and fluid therapy in an safe environment where they would not infect other animals.

Cat C175 was a stray adult cat taken to the Passaic Animal Shelter on August 17, 2016. After 27 days, Passaic Animal Shelter killed her for being dehydrated, underweight and being icteric (i.e. having jaundice). Since this cat was at the Passaic Animal Shelter for nearly a month, she likely contracted the disease causing these symptoms at the facility.

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C175 Euthanasia Record.jpg

Veterinarian Contracts Support Killing

Passaic Animal Shelter contracts with Rutherford Animal Hospital to provide veterinary care. On the surface, Rutherford Animal Hospital looks like an excellent choice given it is a large and modern veterinary facility. However, when one looks at the specifics in the contracts, major concerns arise.

Passaic Animal Shelter rarely vaccinates animals upon intake. While Rutherford Animal Hospital vaccinates the shelter’s animals, it visits the shelter as little as twice a week. Since Rutherford Animal Hospital, and not anyone who works at the shelter, vaccinates animals, many dogs and cats, including ones carrying highly contagious diseases, will sit in the facility spreading disease until the outside veterinarian comes to the shelter. The UC Davis Koret Shelter Medicine Program clearly explains why shelters must immediately vaccinate animals to control diseases in their facilities:

When should the vaccine be given?

Immediately upon intake, if not sooner! In almost all cases, shelter animals should be vaccinated immediately upon intake. A delay of even a day or two will significantly compromise the vaccine’s ability to provide protection. In a cost saving effort, some shelters delay vaccination until the animal is made available for adoption, or even until it is adopted. While this does provide a service to adopters, the protective effect of the vaccine within the shelter is greatly reduced or eliminated. (In some cases, the chance of the vaccine preventing disease may be 90% or better if given the day before exposure, but will drop to less than 1% if given the day after exposure.) When possible, vaccination prior to intake is ideal (e.g. for owner surrendered animals or those returning from foster care).

Therefore, Passaic Animal Shelter’s vaccination program is ineffective and this may partially explain why the facility killed so many cats for illnesses and had so many other cats die.

Passaic Animal Shelter’s contract provides details on the veterinary funding it provides. In the City of Passaic’s contract with Rutherford Animal Hospital, Passaic only pays $1,516 per month for veterinary services and $70.82 per month to test the cats it adopts out for FIV testing. Based on the details of the arrangement outlined in Rutherford Animal Hospital’s response to Passaic’s request for proposal, the city will only pay $850 per year for the FIV testing. Therefore, Passaic could pay Rutherford Animal Hospital a maximum of $19,150 per year ($20,000 total fee cap – $850 FIV fee) to provide veterinary care (excluding FIV testing and spay/neuter which adopters pay for) or $41.45 per dog and cat the shelter impounded in 2016.

The City of Passaic’s veterinary funding is inadequate. After we back out the cost of vaccines of approximately $15.53 per animal (based on $21.25 per adult dog, $27.25 per puppy, $9.25 per adult cat and $13.25 per kitten according the Maddie’s Fund’s Financial Management Tool) from the average $41.45 veterinary care fee per animal, Passaic Animal Shelter would have just $25.92 to treat each animal for all other illnesses and injuries. Clearly, that is not nearly enough to treat sick or injured animals. Given this fee also must cover the cost of killing, the city and Rutherford Animal Hospital have strong incentives to kill any animal where veterinary treatment may be costly or might not work. Thus, the contract’s financial terms encourage killing.

Passaic Animal Shelter Veterinary Care Funding.jpg

Rutherford Animal Hospital plays a major role in Passaic Animal Shelter’s high kill operation. Specifically, Rutherford Animal Hospital “makes the final determination of status of animal for adoption, fostering or euthanasia.” In other words, Rutherford Animal Hospital approves all the absurd reasons for killing animals documented in this blog. Sadly, Rutherford Animal Hospital apparently chooses to kill for financial reasons rather than treat the shelter animals like valued clients from its private practice.

Passaic Animal Shelter’s contract with Rutherford Animal Hospital seems to indirectly cap adoptions at a low number. According to the City of Passaic’s contract for spay/neuter services with Rutherford Animal Hospital, it only pays a maximum of $6,000 per year with $80, $55 and $130 fees to spay/neuter each female cat, male cat and dog of either sex. Assuming the shelter used its spay/neuter fees based on the proportions of dogs and cats it took in (i.e. 37% dogs, 63% cats) and altered equal numbers of each sex, it could only spay/neuter 17 dogs and 56 cats. Based on the shelter’s Petfinder web site indicating the adoption fees include spay/neuter and the shelter’s policy and procedure manual indicating all adopted animals must be altered, this suggests the shelter could only adopt out 17 dogs and 56 cats for the entire year. However, Passaic Animal Shelter would need to have adopted out 39 dogs and 148 cats last year to achieve 95% dog and 92% cat live release rates. Thus, Passaic Animal Shelter cannot come close to achieving no kill status based on its contract.

Passaic Animal Shelter Spay & Neuter Contractual Cap.jpg

Despite Rutherford Animal Hospital being required under its contract to maintain legally required euthanasia records, an unusually large number of dogs had weights ending in convenient numbers such as 0 or 5. Under state law, the shelter must weigh each animal prior to killing/euthanizing. If Passaic Animal Shelter only estimated weights, the shelter could have provided the wrong amount of tranquilizing and killing agents to these dogs. Thus, the shelter’s dog euthanasia records raise questions as to whether the facility actually humanely killed/euthanized dogs.

Passaic Animal Shelter Veterinary Records.jpg

Passaic Must Take a New Path

Clearly, Passaic Animal Shelter took action to protect itself at the expense of the city’s homeless animals after volunteers exposed its dirty little secrets more than a decade ago. After banning volunteers, the shelter no longer had anyone to make sure they tried to save lives. Instead, the shelter used its unilateral control to take the easy way out and kill animals needlessly. Why? The shelter’s leadership, within the facility, the Passaic Health Department, and its elected officials, simply found it easier to save a few animals and kill the rest. In fact, Passaic Animal Shelter’s “Animal Control Policy and Procedure Manual” explicitly states it will not run a no kill shelter.

Passaic Animal Shelter has more than enough resources to run a no kill facility where it only euthanizes hopelessly suffering animals. In 2016, Passaic Animal Shelter received $384 of city funding per each of the 462 dogs and cats it impounded. As a comparison, Michigan’s Chippewa County Animal Shelter only received $253 of funding per dog and cat and saved 99.5% of the 398 dogs and 99.2% the 471 cats who had outcomes in 2016. Furthermore, Chippewa County Animal Shelter impounded more animals in total (851 dogs and cats at Chippewa County Animal Shelter verses 462 dogs and cats at Passaic Animal Shelter) and on a per capita basis (22.4 dogs and cats per person at Chippewa County Animal Shelter verses 6.5 dogs and cats per resident at Passaic Animal Shelter). Unlike Passaic Animal Shelter, Chippewa County Animal Shelter welcomes volunteers and operates its facility using no kill methods. Thus, Passaic Animal Shelter has no excuse for running a high kill shelter.

Passaic residents must call newly elected Mayor Hector Lora at 973-365-5510 and make sure the mayor keeps the following promise he made:

This was about leaving a legacy for our children and (setting) an example for all.

Clearly, Passaic must set an example that taking the easy way out and killing homeless animals for convenience is unacceptable. Mayor Lora can leave a legacy for Passaic’s children by turning his shelter around and allowing his constituents and others to help him do so. Teaching children the value of life and hard work is priceless. Let’s help Mayor Lora understand this.

Elizabeth Animal Shelter Shows Improvement, But Serious Problems Remain: Part 2

Update: 8/4/17: Subsequent to writing this blog, the Elizabeth Health Department “located” its 2016 inspection report performed by the Linden Health Department. This report noted several problems. I updated the inspection section of this blog to discuss this report.

My last blog discussed several changes the Elizabeth Animal Shelter made in 2016 after animal advocates raised concerns about the facility. Elizabeth Animal Shelter stopped illegally killing owner surrendered animals during the seven day protection period in 2016. As a result, the shelter’s live release rate significantly increased, but the shelter almost entirely relied on rescues and appeared to limit the number of animals it took in. You can read that blog here.

This blog will examine whether Elizabeth Animal Shelter still kills healthy and treatable animals. Additionally, this blog will answer the question as to whether the shelter still violates state law.

Shelter Continues to Illegally Transfer Stray Animals During the Seven Day Hold Period

Elizabeth Animal Shelter transferred and adopted out 73 dogs and cats during the seven day stray hold period in 2016. 64 of the 73 animals were cats which often have very low owner reclaim rates. Of the 64 cats, 52 were kittens which are highly susceptible to catching deadly illnesses in animal shelters. Additionally, the shelter sent a number of animals to rescue groups that provided much needed medical care. Thus, Elizabeth Animal Shelter appeared to release many of these animals during the seven day hold period with good intentions.

Elizabeth Animal Shelter should retain ownership of the animals it releases during the seven day hold period. In other words, Elizabeth Animal Shelter should have the rescues and adopters “foster” these animals during this time. After seven days, the rescuers and adopters should then take ownership of the pet. While the animal is being fostered, the shelter should keep photos and other records as well as the rescue’s/adopter’s contact information to allow someone to redeem their pet. Similarly, the individual or group fostering the animal must return the pet back to the owner during the stray hold period. Thus, Elizabeth Animal Shelter can easily comply with state law, give owners a chance to reclaim their lost pets, and create much needed space to save lives.

Shelter Still Kills Healthy and Treatable Animals

Overall, Elizabeth Animal Shelter’s most commonly killed dogs for “aggression” and “severe behavior issues.” If we also add related problems, such as dog aggression, food aggression, leash behavior and bite cases, the shelter killed almost all dogs for some form of alleged aggression. In fact, Elizabeth Animal Shelter killed 19 of 22 dogs or 86% of these animals for aggression related problems.

Elizabeth Animal Shelter’s classified too many dogs with aggression and related behavioral issues. The shelter killed 6% of all dogs for aggression and similar reasons. On the one hand, Elizabeth Animal Shelter killed a much lower percentage of dogs for so-called aggression than the regressive Bergen County Animal Shelter (21% of all dogs in 2015; 29% of dogs from Kearny in 2016). However, Elizabeth Animal Shelter killed a significantly larger percentage of dogs for aggression/behavior issues than Austin Animal Center (0.5% of all dogs killed for aggression related reasons in the last quarter of of fiscal year 2016). Furthermore, Elizabeth Animal Shelter killed 18% of all pit bulls for aggression related behavioral issues in 2016 compared to just 2% of all pit bulls at Austin Animal Center during fiscal year 2016 (that number may have dropped to as low as 1% by the last quarter of the year). In other words, Elizabeth Animal Shelter killed pit bulls for aggression related problems at a rate of 9-18 times higher than Austin Animal Center.

2016 Elizabeth Animal Shelter Dogs Killed ReasonsAs I mentioned in my blog last year, Elizabeth Animal Shelter brought in a former volunteer from Associated Humane Societies-Newark as a response to public outcry about the shelter illegally killing two dogs immediately upon intake in 2014. In her role, this contractor evaluates dogs, makes recommendations about whether a dog is suitable for adoption, and networks with rescues and donors to increase lifesaving and improve animal care. Clearly, this person has done an excellent job coordinating with rescues. Thus, I believe this part time contractor has done good work.

Elizabeth Animal Shelter may be misusing its part time contractor’s behavioral evaluations to justify killing dogs. Despite some concerns from other animal advocates, the part time contractor’s written evaluations did not call for the shelter to kill dogs. In fact, many of the evaluations concluded the dogs were very good. However, the shelter performed evaluations for 16 of the 19 dogs it killed for alleged aggression related issues. Based on my review of these 16 evaluations, all of them had some negative findings. In some cases, the evaluations recommended a special home, but it seems to me as if the shelter leadership used these evaluations as an excuse to kill.

Elizabeth Animal Shelter’s continued reliance on discredited temperament testing methods is concerning. Recently, a study found behavioral evaluations were scientifically invalid and recommended shelters should instead socialize dogs to truly determine behavior. Even the proponents of temperament testing, such as the ASPCA, state shelters should use evaluations to identify a behavioral rehabilitation plan to try and make the animal adoptable. I found no evidence of the shelter attempting to seriously rehabilitate alleged problem behaviors in dogs. Thus, Elizabeth Animal Shelter used scientifically invalid temperament testing methods and may have failed to use these evaluations to fix supposed behavioral problems.

Elizabeth Animal Shelter killed several dogs for alleged aggression related issues despite owners reporting no such issues. Shelter temperament testing methods are inherently flawed as the testing conditions (i.e. in a stressful shelter) do not replicate conditions a dog experiences in a home. Carez was a 7-9 year old gray pit bull surrendered to the Elizabeth Animal Shelter on December 29, 2016. The owner reported no behavior or aggression issues and stated Carez was good with dogs, kids, adults and was house trained. On January 9, 2017, Elizabeth Animal Shelter evaluated Carez, who they renamed as Cupcake, and stated she “refused handling”, attempted to bite when handled, and was fearful and timid. In other words, Carez/Cupcake was afraid after going to a scary shelter environment. Ten days later Elizabeth Animal Shelter killed Carez/Cupcake for human and dog aggression despite the owner reporting she was good with both people and dogs. Furthermore, no records provided to me indicated the shelter tried to rehabilitate this dog’s alleged behavior problems. Thus, Elizabeth Animal Shelter appeared to use its behavioral evaluation as a justification to kill Carez/Cupcake and did not seem to make any effort to fix those claimed behavior problems.

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Dog 16-L Kill Record

Ghost was a two year old pit bull-boxer mix that was surrendered to the Elizabeth Animal Shelter along with his house mate, Blackie, on July 7, 2016. Ghost’s owner reported he had no behavioral or health issues. Elizabeth Animal Shelter’s evaluation stated he snapped, growled with teeth, attempted to bite and darted away when handled, had “higher energy”, but was controllable, was “dominant”, “does not like other people”, was not good with other dogs except Blackie, and requires an “adult only home.” Despite Ghost’s owner surrender form contradicting this evaluation and him being at the shelter a mere nine days, Elizabeth Animal Shelter killed Ghost for having a “Severe Behavior Issue.” No records I received indicated any effort to fix these alleged behavior problems.

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Dog 8-G Kill Record

Ghost’s companion, Blackie, was a five year old pit bull-Labrador retriever mix that was surrendered to the Elizabeth Animal Shelter on the same day. Blackie’s owner also stated on the dog’s surrender form that Blackie had no behavioral or medical issues. Elizabeth Animal Shelter’s evaluation of Blackie was almost identical to Ghost’s temperament test except the shelter concluded Blackie was “hyper” rather than “high energy” and controllable, and grabbed treats roughly. Additionally, the evaluation made no reference to Blackie not liking people. Once again, despite the owner surrender form contradicting the Elizabeth Animal Shelter’s evaluation, the facility killed Blackie just nine days after he arrived at the shelter and on the very same day as his house mate, Ghost. No records I received indicated any effort to fix these alleged behavior problems.

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Dog 9-G Kill Record

Elizabeth Animal Shelter’s reasons for killing cats are listed below. Overall, the shelter still killed a significant number of cats it deemed feral or having a behavior issue. Frankly, a shelter should never kill a cat for any behavioral reason given such cats can be neutered and released or go to a barn/warehouse. Additionally, the shelter killed many cats for no disclosed reason. If Elizabeth Animal Shelter did not kill healthy and treatable feral and other cats (presumably cats killed for no reason were not hopelessly suffering), the shelter’s euthanasia rate would be 8% or the rate I target for animal control facilities. While a good number of the other cats may have been hopelessly suffering, the shelter failed to provide a specific veterinary diagnosis for a substantial portion (i.e. 13 cats with undisclosed severe injuries/illnesses and other undisclosed injuries and illnesses) of these animals. As a result, no one can say for sure how many of these animals were truly hopelessly suffering.

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Elizabeth Animal Shelter killed several cats for absurd or no reasons. Cat 31-J’s owner died and she was surrendered to the Elizabeth Animal Shelter on October 24, 2016. Despite having a home previously, the shelter concluded she had a “Severe Behavior Issue” and killed her just 11 days later. Furthemore, the shelter’s euthanasia record erroneously stated she was killed on October 20 (four days before she arrived at the facility).

Cat 31-J Killed

Cat 31-J Intake Plus Disposition Record

Cat 31-J Kill FormCat 12-L was a 10 year old cat taken to the Elizabeth Animal Shelter on December 14, 2016 by the property managers of an apartment complex. Presumably, this cat lived in a home, perhaps in one of the apartments in this building, since the property managers noted the cat was house trained. Despite this fact, the Elizabeth Animal Shelter killed this older cat for being feral and aggressive a little after a month later.

Cat 12-L Surrender Form.jpg

Cat 12-L Kill Record

Cat 21-F was surrendered with three other cats on June 16, 2016. According to the owner, none of these cats, including 21-F, had any behavioral or health issues. Two weeks later, Elizabeth Animal Shelter killed 21-F for no reason other than the animal being at the shelter for more than seven days.

Cat 21-F Surrender Form

Cat 21-F Kill Record.jpg

Shelter Provides More Veterinary Care, But Must Make Further Improvements

Elizabeth Animal Shelter provided veterinary care to some animals during the year. In 2015, the shelter essentially provided no veterinary care other than killing based on the records provided to me. Several animal advocates, including myself, raised these concerns last year. In 2016, Elizabeth Animal Shelter’s veterinarian treated a number of animals at the shelter. Therefore, the pressure put on the shelter by animal advocates improved the care provided to the animals.

Elizabeth Animal Shelter must provide better veterinary care. While the shelter did treat some animals, I saw no evidence of the facility vaccinating animals upon intake. Shelter medicine experts strongly recommend facilities immediately vaccinate animals upon intake to reduce disease among the animal population. Elizabeth Animal Shelter should start doing this as its clearly better for the animals and will ultimately reduce the cost of treating sick animals. Additionally, the veterinary records I reviewed were often not very detailed and frequently illegible. Furthermore, many of the records I examined failed to fully meet the New Jersey Department of Health’s requirements. Thus, the Elizabeth Animal Shelter should vaccinate all animals immediately upon intake and improve its veterinary record keeping.

Shelter Has No Disease Control Program and Does Not Keep All Required Records

Elizabeth Animal Shelter currently has no disease control program. While the city’s Health Officer, assured me a draft program is currently under review by the Elizabeth Dog Control Committee, this is unacceptable. Under state law, a shelter must have a disease control program in order to operate. Last year, the New Jersey Department of Health made this explicitly clear:

If a facility does not have a disease control program established and maintained by a licensed veterinarian, the facility cannot be licensed to operate in New Jersey.

Therefore, Elizabeth Animal Shelter must put an appropriate disease control program into place as soon as possible.

Elizabeth Animal Shelter also failed to document the breed on many cats it took in as required by state law. The shelter should start doing so especially since it does not require much effort.

Local Health Department Inspections Reveal Problems

Under N.J.A.C. 8.23A-1.2, local health authorities must inspect licensed animal shelters each year to ensure compliance with state laws. In other words, an animal shelter cannot legally operate without an inspection showing the facility is following the law.

The Linden Health Department conducted a poor quality inspection of Elizabeth Animal Shelter in 2014. This inspection found no serious issues, but animal advocates, including myself, documented numerous shelter law violations at that time. Linden Health Department is the same health department that ran Linden Animal Control’s facility. Not only did Linden fail to inspect its own shelter for seven years, but the New Jersey Department of Health forced Linden to close its house of horrors later on in 2014. Thus, this positive 2014 inspection report lacked credibility.

To make matters worse, Elizabeth Animal Shelter provided no 2015 inspection report. In 2014, the Elizabeth Animal Shelter inspected Linden Animal Control’s dreadful facility after the City of Linden failed to inspect its shelter for seven years. Despite knowing about this law, the City of Elizabeth apparently did not have its own shelter inspected in 2015. Thus, Elizabeth Animal Shelter should not have had a license to operate in 2015.

The Linden Health Department’s 2016 inspection of Elizabeth Animal Shelter found several concerning issues. Specifically, the inspection report noted the following

  1. Shelter did not have a required fire inspection
  2. The exhaust fan in the isolation area did not work (i.e. could result in infectious diseases spreading)
  3. Shelter had structural problems with the facility’s flooring
  4. Several damaged enclosures had wires used as a repair, but those wires could injure animals
  5. Cat enclosures were not adequate to house these animals
  6. Outside dog cages needed repairs
  7. Outside dog enclosures barriers not effective and might not prevent dogs from fighting
  8. Large stones used to block outside dog enclosures’ trough did not allow staff to clean properly

Despite these issues, the Linden Health Department gave Elizabeth Animal Shelter a “Conditional A” instead of an “Unsatisfactory” grade on the inspection. If the Linden Health Department found this many problems, one must wonder what the more competent New Jersey Department of Health would find.

Currently, Elizabeth Animal Shelter has not had a 2017 inspection performed despite 15 months passing since the last required annual inspection.

Records Continue to Raise Concerns as to Whether Elizabeth Animal Shelter Humanely Euthanizes Animals 

Elizabeth Animal Shelter’s records did not specify the euthanasia drug it used (the records state “Euth.” which could mean Euthasol or just an unnamed euthanasia drug) and the method of euthanasia again in 2016. As a result, we cannot determine whether the shelter euthanized animals humanely as I discussed in last year’s blog.

Elizabeth Animal Shelter use of pure Ketamine as a sedative is not humane. The Humane Society of United State Euthanasia Reference Manual states shelters should not use Ketamine alone to sedate an animal for killing as it makes the animal’s muscles rigid and the injection stings so much that the animal reacts very negatively to it. If that was not bad enough, large doses can cause convulsions and seizures. To make matters worse, Elizabeth Animal Shelter’s records indicate the facility used excessive doses as they did in 2015 of Ketamine making such horrific side effects more likely.

Elizabeth Animal Shelter also purchased a massive supply of Ketamine at the end of 2015. Specifically, the shelter purchased 600 milliliters of the branded Ketamine drug, Ketathesia, which would provide recommended sedative doses for 1,500 cats weighing 8 pounds or 240 dogs weighing 50 pounds. Clearly, this purchase greatly exceeds the 41 cats and 22 dogs killed in 2016. In fact, this amount of Ketamine is also much more than would be needed for the number of animals the shelter would kill at this rate over the five year shelf life of the drug. To make matters worse, I did not see the legally required listing of inventory of both Ketamine and Fatal Plus (Sodium pentobarbital) or whatever killing agent the facility used on hand at the beginning and end of the year. One has to wonder what the shelter is doing with this huge supply of Ketamine? Given this is a widely abused drug, it certainly raises questions in my mind.

Elizabeth Animal Shelter 2016 Ketamine Invoice.jpg

Elizabeth Animal Shelter’s euthanasia logs list questionable weights for the animals and raise questions as to whether the shelter actually weighed the animals. Under N.J.A.C. 8:23A-1.11 (f) 3 and 4, shelters must weigh each animal and keep a log of those body weights as well as the drugs used to immobilize and euthanize the animals. Almost all the adult cats weighed exactly 8 pounds. Additionally, most of the weights listed for dogs were convenient numbers, such as 60, 65, and 80 pounds. Frankly, I find it highly unlikely that many dogs just happened to weigh in at these user friendly amounts.

Elizabeth Animal Shelter Proves Shelter Reform Bill S3019 Will Save Lives

S3019 requires shelters to notify rescues at least two business days before killing an animal. While this bill should mandate shelters give animals to rescues the shelters would otherwise kill, existing animal cruelty laws (i.e. “needlessly killing an animal”) likely would also bar shelters from killing such pets. When this provision of S3019 is combined with the state’s existing ban on killing animals, whether stray or surrendered, for seven days, shelters will have a strong incentive to send animals, particularly owner surrenders, to rescues. Furthermore, rescues will have more time to save animals from shelters.

Elizabeth Animal Shelter’s compliance with the seven day protection period in 2016 and its significantly higher live release rate show how successful S3019 would be. As mentioned above, Elizabeth Animal Shelter does not really follow 10 of the 11 No Kill Equation programs. Despite this, the shelter nearly achieved a 90% live release rate once it stopped illegally killing animals during the seven day protection period. Why? The Elizabeth Animal Shelter is extremely rescue friendly and these rescues had the time to save many pets. Thus, S3019 would significantly increase live release rates at many of New Jersey’s high kill shelters.

S3019’s other requirements would further increase live release rates. Under the bill, shelters must stay open five hours every weekday, including one day until at least 7 pm, and one weekend day. Additionally, the bill requires shelters to take numerous steps to reunite lost pets with their families that most facilities do not currently do. Furthermore, it requires shelters to use web sites and social media to promote animals for adoption. Finally, the bill mandates shelters provide improved veterinary and behavioral care that will make pets more adoptable. Thus, S3019’s requirements would clearly increase Elizabeth Animal Shelter’s live release rate and allow the shelter to save more homeless animals.

Elizabeth Animal Shelter’s Unsustainable Path

Clearly, Elizabeth Animal Shelter must fix many basic sheltering issues. Specifically, the shelter must pass rigorous inspections every year, create and implement a robust disease control program, keep proper records, comply with the stray/hold law, and only euthanize animals humanely. Simply put, Elizabeth Animal Shelter must follow the law.

While the shelter’s apparent decision to impound fewer cats is preferable to killing these animals, the shelter is allowing problems to grow. Elizabeth Animal Shelter does not practice TNR to any significant degree. Therefore, the stray cats the shelter does not neuter and release remain intact and will continue to breed on the streets. Ultimately, residents will complain and either force the shelter to catch and kill these animals or potentially take matters into their own hands. Clearly, Elizabeth needs to practice TNR or better yet, Return to Field, preferably with the help of cat advocates, to limit the community cat population and resolve conflicts with people.

Elizabeth Animal Shelter’s complete reliance on a part time contractor to network with the rescue community is not sustainable. While this person has done an admirable job networking with rescues, it is unrealistic to expect this person to remain long-term at the shelter with the city paying her no more than $16,000 a year. Furthermore, the person will have difficulty performing all her duties with her just working 20 hours a week. In other words, Elizabeth should hire this contractor on a full time basis and adequately compensate her.

At a minimum, the city should reallocate the time this contractor spends conducting scientifically invalid behavioral evaluations to activities that would improve live release rates and care provided to animals. For example, this person could help design an enrichment program in conjunction with the shelter veterinarian, and help carry it out. Similarly, the part-time contractor could use this time to take engaging photos and videos of animals and write excellent adoption profiles.

Last year, this house of cards nearly collapsed. At the time, postings on social media suggested the city might part ways with this contractor. Thankfully, the rescue community protested and the part-time contractor remained with the shelter. However, this incident reveals how easily the shelter could regress.

Ultimately, a shelter must comprehensively adopt the 11 step No Kill Equation if it truly wants to succeed. Clearly, the Elizabeth Animal Shelter significantly improved after following the state’s seven day owner surrender protection period and using one No Kill Equation program, rescue partnerships. However, if the Elizabeth Animal Shelter wants to consistently provide a refuge for all the city’s homeless animals, it must enact most, if not all, of these programs.

Why New Jersey Residents Must Support Animal Shelter Reform Bill S3019

Over the last three years I’ve documented New Jersey animal shelters routinely violating state law, abusing animals and killing pets for ridiculous reasons. During this time, I learned our state’s animal shelter system is broken and desperately needs reform. Recently, Senator Linda Greenstein introduced a bill, S3019, to “establish additional requirements for operation and oversight of animal shelters, pounds, kennels operating as shelters or pounds, and veterinary holding facilities.” Will S3019 improve New Jersey’s animal shelter system? Will more animals make it out of our shelters alive? Will shelters treat animals more humanely?

Bill Requires Shelters to Make Efforts to Save Lives

S3019 requires shelters and municipalities to conduct “community outreach” efforts to increase adoptions. Such efforts include using web sites and social media pages to promote adoptable animals. Furthermore, shelters must notify people who surrender animals, such as a good Samaritan who finds a stray animal and brings the pet to the shelter, prior to killing the animal if the person wants the shelter to contact them. In addition, the municipality where each shelter is located must post information about adoptable animals that is easily accessible to the public.

The bill makes shelters notify rescues, other shelters and interested individuals before killing an animal. Specifically, shelters must contact these organizations in writing or through electronic communication at least two business days before killing an animal. Unfortunately, the law allows shelter directors to still kill animals rescues and other shelters are willing to take if the shelter director determines an organization is “incapable of proper care for the animal.” While shelter directors should have that power when it comes to individuals, this provision provides regressive shelters a big loophole to kill animals other reputable groups want to save. Instead, the law should allow any 501(c)(3) rescue/other animal shelter to save an animal the shelter intends to kill unless the rescuing organization has pending animal cruelty charges, animal cruelty convictions, had its 501(c)(3) status revoked or seriously violated any rescue/shelter regulation.

S3019 also requires shelter directors to attest they made efforts to save an animal before killing the creature. Shelter directors must certify the following conditions apply:

  1. Animal was offered to rescues, other shelters and interested individuals and no suitable one wanted to save the animal.
  2. No cage space, whether permanent or temporary, exists (i.e. prevents killing with empty kennels)
  3. Animal cannot be housed with another animal
  4. No suitable foster homes exist
  5. No TNR programs in the state are willing to take a cat the shelter intends to kill

The bill also requires shelters to consider, study, and if possible, implement a TNR program. In addition, S3019 requires ACOs, NJ SPCA agents and officers and other law enforcement personnel to try and bring cats with no apparent owner to a shelter with a TNR program rather than a catch and kill facility.

Finally, the bill mandates animal shelters be open at least five hours on each weekday and one weekend day and stay open until at least 7 pm on one weekday. Given many New Jersey animal shelters are hardly open to the public, particularly when people are not working, this will greatly increase owner reclaims, adoptions, and transfers to rescues.

S3019 Requires Shelters to Try and Reunite Lost Pets with Families

The bill requires shelters to do three significant things to reunite more families with their lost pets. First, shelters must maintain continuously updated lost pet lists maintained by local law enforcement or other community groups (e.g. various lost pet Facebook pages covering each part of the state) and match the shelter’s animals with these lost pet listings. Once the shelter identifies an owner, the shelter must contact the owner. Second, shelters must post photographs and descriptions of stray animals with no identified owners on the internet (or in the local municipal clerk’s office if a shelter has no web site) along with the facility’s location, hours and contact information. Third, shelters must use universal microchip scanners, which can read all microchips, to identify and contact owners of lost pets. Thus, these required actions will increase the chances owners find their lost pets.

Bill Requires Humane Care

S3019 mandates shelters provide the following to their animals:

  1. Fresh water
  2. Appropriate food
  3. Environmental enrichment, such as socialization with staff or volunteers, toys and healthy treats
  4. Exercise outside of kennels at least once a day and more if required to maintain good condition and health and support recovery from diseases and injuries
  5. Prompt cage cleaning at least twice a day to prevent disease
  6. Not expose animals to spray from hoses and toxic cleaning agents
  7. Prompt and necessary veterinary care, including antibiotics, vaccines, fluid therapy, pain management and cage rest
  8. Specialized care for vulnerable animals, such as nursing females, infant animals, sick and injured animals, scared and reactive animals, older animals, and animals requiring therapeutic exercise
  9. Isolation of sick and diseased animals away from healthy ones
  10. Age appropriate vaccines that cover specific diseases upon intake to shelter
  11. Sick or diseased and injured animals must see a licensed veterinarian immediately and licensed veterinarian must document the animals’ condition, health and any health concerns

Thus, these provisions will make shelter animals healthier and more adoptable.

S3019 Requires Humane Euthanasia Techniques

The bill requires shelters do the following among other things when euthanizing animals:

  1. Only use licensed veterinarians or veterinarian technicians who are certified by the New Jersey Department of Health in humane euthanasia
  2. Use a properly ventilated and disinfected room
  3. No animal can see other animals, whether dead or alive, when sedated and euthanized
  4. Must lower animal after he or she is given the euthanasia drug onto a flat surface where the animal can lie or be held
  5. Shelter personnel must be with animal at all times during euthanasia

Shelters must verify an animal’s death by confirming no heartbeat, no respiration, pale bluish gums and tongue and no eye response to stimuli

Furthermore, S3019 allows shelters to immediately euthanize hopelessly suffering animals when a licensed veterinarian documents this diagnosis. Specifically, the veterinarian must document “the physical condition of the animal indicates that the animal cannot continue to live without severe, unremitting pain even with prompt, necessary, and comprehensive veterinary care, or the animal has an illness that cannot be remediated with prompt, necessary, and comprehensive veterinary care and will cause the animal continuing, unremitting pain.”

Animal Shelters Must Share Animal Intake and Outcome Statistics

Currently, New Jersey Animal Shelters voluntarily submit animal intake and outcome statistics annually to the New Jersey Department of Health. These statistics detail how animals arrived at the shelter (i.e. stray, owner surrender, confiscated by authorities, etc.) and how they left the shelter (returned to owner, adopted, euthanized, rescued, etc.). In addition, shelters report the population of dogs and cats and the facility’s capacity at the beginning and end of the year as well as the municipalities the shelter provides animal control and shelter services to. Based on my review of underlying records of several New Jersey animal shelters, these summary statistics are sometimes inaccurate.

S3019 requires shelters to report most of these statistics each year to the New Jersey Department of Health. This mandate would make these reports subject to inspection and could result in more accurate statistics. In addition, the bill requires the New Jersey Department of Health to publish these statistics, in total and broken out by shelter, on its web site. Furthermore, the New Jersey Department of Health must post other information it gathers under this bill on its web site.

The bill should provide some additional data to improve transparency. Specifically, it should require the additional data shelters currently voluntarily report, such as the population of dogs and cats and the facility’s capacity at the beginning and end of the year as well as the municipalities the facility provides animal control and shelter services to. Additionally, in order to provide more transparency on how shelters handle local animals, the bill should require shelters to report the following:

  1. Number of animals broken out by species impounded from New York and Pennsylvania during the year
  2. Number of animals broken out by species impounded from other states during the year
  3. Number of New Jersey animals broken out by species euthanized during the year

S3019 also should add the required data in the Shelter Animal Count project. The Shelter Animal Count project is led by several major national animal welfare organizations, such as Maddie’s Fund, HSUS, ASPCA and Best Friends, as well as a number of other animal welfare organizations. Shelters voluntarily provide this data and the goal is to use these statistics to analyze national and regional animal sheltering trends. S3019 should add the following data reporting requirements from the Shelter Animal Count project:

  1. Break out data to show dogs and cats 5 months and younger and over 5 months of age
  2. Number of cats placed into barn cat and warehouse cats homes during the year
  3. Number of cats released through TNR programs if such cats were impounded for reasons other than TNR (i.e. strays, owner surrenders, etc.) during the year
  4. Number of animals broken out by species that died during the year
  5. Number of animals broken out by species that were lost during the year

Mandating the sharing of animal shelter statistics with the public will increase transparency and allow people to pressure animal shelters to save more lives.

New Jersey Department of Health Must Increase Oversight of Animal Shelters

Under the bill, the New Jersey Department of Health must educate shelter directors and certify these individuals are properly trained. The New Jersey Department of Health is required to use Rutgers University to provide this training. The training would cover state shelter and animal cruelty laws as well as shelter operations.

While this sounds good in practice, Senator Greenstein should amend the bill to make clear that this curriculum must emphasize life saving. If the training requires traditional animal sheltering practices, such as killing dogs and cats for silly “behavioral issues” or to reduce disease outbreaks (e.g. killing cats with ringworm), then this feature in the bill will increase rather than reduce shelter killing.

New Jersey animal shelters regularly violate state law due to the lack of regular high quality inspections. Currently, local health departments must inspect an animal shelter each year. Unfortunately, local health departments routinely perform poor quality inspections, and in some cases do not even perform the required inspections. While the New Jersey Department of Health has the right to inspect animal shelters and does an excellent job, it rarely inspects animal shelters. Over the last decade, the number of New Jersey Department of Health inspectors decreased from five to one and the state essentially stopped inspecting animal shelters. Thus, New Jersey desperately needs high quality inspections at its animal shelters.

S3019 requires at least three unannounced inspections each year. Unfortunately, the bill allows the New Jersey Department of Health to delegate these inspections to local health departments if the local health department inspectors complete a New Jersey Department of Health/Rutgers University training. While this training may educate these inspectors, local inspectors will not deal with enough shelters to gain the practical experience they need to conduct high quality inspections. Furthermore, local health departments typically either run a shelter or report to local governments that run or contract with animal shelters. In other words, these inspectors have an inherent conflict of interest that often results in poor quality inspections and shelters routinely violating state law. Thus, Senator Greenstein should amend the bill to require at least a majority, if not all three annual required inspections, be performed by the New Jersey Department of Health.

The bill also increases penalties for noncompliance with state shelter laws. Individuals and organizations that violate the law are subject to a fine of $100-$200 for the first violation, $200-$400 for the second violation, and $300-$800 for any subsequent violations. In addition, shelters having a third violation may have their license to operate suspended or revoked. Also, individuals and organizations conducting inhumane euthanasia face increased fines of $125 ($25 previously) for the first offense and $250 ($50 previously) for the second offense. Thus, shelters and employees would have a much greater incentive to comply with state law.

S3019 also provides funding mechanisms to help shelters comply with its provisions. All collected fines except those for illegal euthanasia would go towards the bill’s training programs and grants to animal control shelters for spay/neuter and other veterinary care. In addition, New Jersey taxpayers will have an option to voluntarily contribute money for these programs on their tax returns.

Animal Lovers Must Call and Write their State Senator and Assemblyman to Support S3019

While I think Senator Greenstein should make some changes to this bill, S3019 still is a game changer in its current form. Clearly, this bill will cause shelters to improve, save more lives and treat animals more humanely. In other words, animal lovers should support this bill wholeheartedly.

Unfortunately, regressive shelters will try and kill this bill behind closed doors. Based on the history of similar legislation in other states, poorly performing shelters will contact elected officials to stop this bill. Many will not do so publicly since their positions are clearly unpopular. For example, many people believe Gloucester County Animal Shelter was behind Senator Sweeney’s recent quick kill bill. Given S3019 would force shelters to do more work and no major New Jersey shelters have publicly supported this bill to the best of my knowledge, many more regressive organizations will oppose this bill.

To make matters worse, some national animal welfare organizations will also likely oppose S3019. While Alley Cat Allies urged New Jersey residents to support S3019, other powerful animal welfare organizations will not do the same. For example, HSUS fought to stop similar bills in other states. In addition, HSUS has not made any public statements on S3019 despite urging New Jersey residents to support other animal bills in the state legislature. Simply put, HSUS should step up and support this bill or at least have the courage to make its position public.

Despite these influential adversaries, we have a secret weapon. The public overwhelmingly supports this bill. For example, 7 out of 10 Americans think shelters should not kill animals and only take the lives of hopelessly suffering animals or those that are too aggressive to place. In an animal friendly state like New Jersey, more people probably oppose shelter killing. Last month, the animal loving public stood up and forced Senator Sweeney to remove language from a bill allowing shelters to kill owner surrenders during the 7 day protection period. In fact, the public outrage was so strong that the change was made just two days after I posted about that bill.

So how can you make sure S3019 becomes state law? Call and/or write your local State Senator and Assemblyman and demand they support S3019, preferably with the changes outlined in this blog. Each municipality’s State Senator and Assemblyman are listed in the link below along with additional links containing their phone numbers.

http://www.njleg.state.nj.us/districts/districtnumbers.asp

Also, you can write your local State Senator and Assemblyman using the link below:

http://www.njleg.state.nj.us/members/abcroster.asp

If there was ever a time for you to step up for the animals, this is it. Thousands of animals lives will be saved in the future if you make a quick call and/or write a short note to your elected representatives. Be on the right side of history and tell others to do the same.

Why I Think the New Jersey Department of Health Should Inspect Associated Humane Societies-Newark

Associated Humane Societies-Newark has a history of doing the wrong things for its animals. In 2003, the State of New Jersey Commission of Investigation (“SCI”) issued a scathing report on AHS and concluded:

The history of AHS’s shelter operation has been dominated by deplorable kennel conditions, inhumane treatment of animals by workers, mismanagement and nonexistent or inadequate medical care. The problems were neither singular nor occasional. The accounts and descriptions provided by members of the public and former and current staff members, including veterinarians, paint a bleak picture of shelter life. The reality for the animals belied AHS’s propaganda that its “sole purpose” has been “the care and welfare of animals” and that it has “a high adoption rate.”

In 2009 and 2011, the New Jersey Department of Health detailed extensive violations of New Jersey animal shelter laws. Animals lived in filthy kennels and were covered in feces. Dogs were housed in kennels with a collapsed roof and workers were throwing damaged roof material directly over these dogs. Additionally outdoor drains were in severe disrepair, no isolation areas for sick large dogs existed, automatic dog feeders were filthy, dogs were exposed to contaminated water and chemicals during the cleaning process, and some animals were not receiving prompt medical care.

In recent years, I’ve heard several people state AHS-Newark no longer is a house of horrors. While I certainly believe the shelter is better than it was under Lee Bernstein, the organization’s current Executive Director, Roseann Trezza, has been in charge when many of these problems occurred. Is AHS-Newark just hunky dory or does it still have tremendous problems?

As described in a prior blog, I obtained a large number of intake and disposition records for animals AHS-Newark primarily impounded from animal control in the City of Newark during 2014. These records included 1,615 dogs and cats. Unfortunately, I don’t have access to other types of AHS-Newark records. Ultimately, we would need a proper inspection, which would involve reviewing additional types of records, to determine whether AHS Newark violated state shelter laws. Therefore, people should not conclude AHS-Newark violated any laws unless a New Jersey Department of Health inspection makes this determination. However, I think there are reasonable grounds to suspect AHS-Newark might not have complied with state shelter laws at times based on my review of a large sample of AHS-Newark’s 2014 intake and disposition records.

Animals Killed During 7 Day Hold Period

New Jersey animal shelter law clearly states shelters must not kill animals, whether they are strays or owner surrenders, for at least 7 days. Furthermore, the New Jersey Department of Health recently issued guidance summarizing the law’s requirements:

Pursuant to State law (N.J.S.A. 4:19-15.16 a. through l.) all municipalities must have a licensed animal impoundment facility (pound) designated where stray and potentially vicious animals can be safely impounded. Impounded stray animals shall be held at the pound for at least seven days (i.e., 168 hours) from the time impounded before the animal is offered for adoption or euthanized, relocated or sterilized, regardless of the animal’s temperament or medical condition.

Animals that are voluntarily surrendered by their owners to licensed pounds or shelters shall be offered for adoption for at least seven days prior to euthanasia or shelter/pound management may transfer the animal to an animal rescue organization facility or a foster home prior to offering it for adoption if such a transfer is determined to be in the best interest of the animal.

In practice, the New Jersey Department of Health allows shelters to euthanize animals during the 7 day hold period if both of the following conditions are met:

  1. If a veterinarian deems euthanasia necessary for humane reasons to prevent excessive suffering when illness and injury is severe and the prognosis for recovery is extremely poor
  2. Only a licensed veterinarian should perform euthanasia in the above situation and they must clearly document the humane rationale in the animal’s medical record

The New Jersey Department of Health’s July 30, 2009 inspection report detailed AHS-Newark’s killing of animals during the 7 day stray/hold period:

Killed Prior to 7 Day Hold 2009

AHS-Newark killed a number of animals in 2014 during the 7 day hold period according to the records I reviewed. Many of the intake and disposition records did not clearly document a justifiable reason for the killing in my view and/or appeared to indicate a vet tech rather than a veterinarian killed the animals. While I do not have the related medical files on these animals, the shelter does have “health records” listed and AHS-Newark did document appropriate reasons for euthanizing animals during the 7 day hold period in other records I examined. That being said, I would have to review the related medical records on these animals to say for sure that AHS-Newark didn’t have a legitimate humane reason to kill these animals during the 7 day hold period.

AHS-Newark killed dozens of dogs and cats with ringworm during the 7 day hold period. AHS-Newark stated they needed to “protect the shelter” in some of the records. However, AHS-Newark cannot kill animals during the 7 day hold period unless “a veterinarian deems euthanasia necessary for humane reasons to prevent excessive suffering when illness and injury is severe and the prognosis for recovery is extremely poor.” Frankly, ringworm is a highly treatable fungus and killing these animals for ringworm does not meet this standard in my opinion. If AHS-Newark does not have large enough isolation areas, they should contract with fewer municipalities or enact progressive programs to place animals more quickly to create room and reduce disease rates.

Cat ID# 126803 was just 13 months old and AHS-Newark killed this kitten after just 3 days of arriving at the shelter for having ringworm. The intake and dispostion record did not disclose any other health issues. Futhermore, AHS-Newark vet tech, Danya, appeared to kill this cat and not a licensed veterinarian according to the record below.

126803

AHS-Newark killed Cat ID# 129321 on the day he or she arrived at the shelter for having ringworm on the tail and right hind paw. Once again, one of AHS-Newark’s vet techs and not a licensed veterinarian appeared to kill this cat according to the following record.

129321

Furthermore, this record did not include all of the information required by N.J.A.C. 8.23A-1.13(a). Specifically, AHS-Newark did not include the cat’s age, sex or breed on this record.

There shall be kept at each kennel, pet shop, shelter or pound a record of all animals received and/or disposed of. Such record shall state the date each animal was received, description of animal, license number, breed, age and sex; name and address of person from whom acquired; date euthanized and method, or name and address of person to whom sold or otherwise transferred.

AHS-Newark also killed Cat ID# 130709 for ringworm on the day he or she arrived at the shelter. Once again, an AHS-Newark vet tech rather than a licensed veterinarian appeared to kill the cat according to this record. Also, AHS-Newark did not document the cat’s age and sex on this record as required by N.J.A.C. 8.23A-1.13(a).

130709

AHS-Newark killed a dog named Leydi during the 7 day hold period for having ringworm. Leydi was almost 4 years old and surrendered by her owner (I removed names of owners and finders of animals from records in this blog unless the case was publicized). The record states she came in on June 30, 2014 and was killed on that date. However, the record also states Leydi was at the shelter for 3 days. According to the record, “sc”, who I presume is former AHS Assistant Executive Director, Scott Crawford, approved the killing of this dog “to protect the shelter.” Once again, I fail to see how this constitutes a hopelessly suffering animal with a poor prognosis for recovery. Once again, an AHS-Newark vet tech and not a licensed veterinarian appeared to kill Leydi according to this record.

126404

AHS-Newark killed Dog ID# 130241 on the day he or she arrived at the shelter for having ringworm (“Rounded spot without hair”). Once again, one of AHS-Newark’s vet techs and not a licensed veterinarian appeared to kill this dog according to this record. Additionally, this record did not include required information, such as age and sex. Even worse, this record stated AHS-Newark killed the dog at 5:27, but then gave various vaccinations, a deworming, and Frontline flea and tick medicine 7-8 minutes later? Either AHS-Newark applies treatment to dead dogs or can’t keep proper records.

130241

 

ID 130241 Pt 2

AHS-Newark killed Dog ID# 129618 one day after she arrived at the shelter. The 4 and half year old dog was a stray that was found in a yard of a vacant home. Once again, Scott Crawford approved the killing “due to dog having ringworm on the left side of hip and under neck.” Also, one of the shelter’s vet techs and not a licensed veterinarian appeared to kill this dog during the 7 day stray/hold period according to this record.

129618

AHS-Newark also killed a number of animals during the 7 day hold period for no reasons according to the records I reviewed. Cat ID# 127278 was a nearly 11 year old cat that AHS-Newark killed within 2 days of arriving at the shelter. The record below revealed he was was given an FVCRP vaccine, a deworming, and frontline flea and tick medicine the day after he arrived at AHS-Newark. AHS-Newark killed him the next day and the record I reviewed stated no reason for his killing. Additionally, one of AHS-Newark’s vet techs and not a licensed veterinarian appeared to kill this cat according to this record.

127278 pt 1

127278 pt 2

Cat ID# 130535 was a 2 year and 5 month old stray cat. AHS-Newark killed her 6 days after she arrived at the shelter for being “aggressive” and “unable to socialize.” Once again, I fail to see how this was a hopelessly suffering animal that AHS-Newark could possibly justify killing during the 7 day hold period. Additionally, AHS-Newark appeared to use one of its vet techs and not a licensed veterinarian to kill this animal according to this record.

130535

Cat ID# 123355 was a 22 month old cat surrendered by her owner. In this case, AHS-Newark’s vet approved the killing 5 days after the cat arrived at the facility. However, the record stated this animal was “getting sick and too aggressive to be handled for treatment.” The record does not disclose what the illness was, but if it was an upper respiratory infection (URI) I don’t see how this illness would be “severe and the prognosis for recovery is poor.” If this was a URI, AHS-Newark should make sure it has enough space in its isolation area to treat animals or at least let the animals rest in a calm environment if they can’t be handled for treatment during their 7 day hold period. Even if AHS-Newark could kill/euthanize this cat during the 7 day hold period, AHS-Newark should have had a licensed veterinarian and not a vet tech euthanize the animal. According to this record, a vet tech appeared to kill/euthanize Cat ID# 123355.

123355

Separate Records Not Kept for All Animals

The New Jersey Department of Health’s August, 26, 2009 inspection report found AHS-Newark did not keep certain records in accordance with N.J.A.C. 8.23A-1.13(a). The inspectors noted AHS-Newark improperly included multiple animals on the same ID number. As a result, AHS-Newark did not keep all the required information on these animals.

Multiple Animals on Same ID#

On May 16, 2014 AHS-Newark impounded 26 cats from one person. AHS-Newark killed 25 of these cats for having ringworm on the day these cats arrived at the shelter according to the record below. While I think killing these cats only for ringworm may violate the 7 day hold period provision, I also think this record may not comply with the record keeping requirements of N.J.A.C. 8.23A-1.13(a). Specifically, the provision states:

There shall be kept at each kennel, pet shop, shelter or pound a record of all animals received and/or disposed of. Such record shall state the date each animal was received, description of animal, license number, breed, age and sex; name and address of person from whom acquired; date euthanized and method, or name and address of person to whom sold or otherwise transferred.

Given AHS-Newark included all of the animals under the same ID# on this record, we don’t know the age, sex or breed of each of these cats (except for 1 of the 26 cats).

124999

On July 30, 2014 AHS-Newark impounded 223 animals from a Newark pet shop. Unfortunately, the records I reviewed indicated AHS-Newark may have failed to comply with N.J.A.C. 8.23A-1.13(a) by including many animals on the same ID number. One example is the following record where the shelter included 45 cockatiels on the same ID number.

127408

Stray Animals Transferred and Sent to Rescues During the 7 Day Hold Period

The New Jersey Department of Health’s recent summary of the state’s shelter laws says a municipality’s designated shelter or pound must hold stray animals for seven days prior to “relocating” these animals.

Pursuant to State law (N.J.S.A. 4:19-15.16 a. through l.) all municipalities must have a licensed animal impoundment facility (pound) designated where stray and potentially vicious animals can be safely impounded. Impounded stray animals shall be held at the pound for at least seven days (i.e., 168 hours) from the time impounded before the animal is offered for adoption or euthanized, relocated or sterilized, regardless of the animal’s temperament or medical condition.

N.J.A.C. 8.23A-1.10 (b)(7) states a pound can accept a stray from a municipality it does not contract with, but it must notify the ACO in the contracting town and return the animal if the contracting municipality’s facility demands it. If that provision applied here, AHS could transfer animals between AHS-Newark and its other shelters during the 7 day hold period. However, I interpret this provision to only apply to animals initially impounded by the shelter not contracting with the municipality. Thus, I think the law requires the contracting shelter to hold stray animals for 7 days prior to transferring animals to any shelter in order to facilitate owner reclaims.

AHS-Newark appeared to transfer a number of stray animals, which included many highly adoptable dogs, to its Tinton Falls and Popcorn Park facilities during the 7 day hold period. None of the records I reviewed indicated an owner signed the dogs over to AHS-Newark. The Newark Police Department picked up a nearly 5 year old shih tzu on May 26, 2014. After 3 days, AHS-Newark transferred this dog 44 miles away to AHS-Tinton Falls according to the following record.

125293

The Newark Police Department took a 15 month old Labrador retriever mix to AHS-Newark on April 25, 2014. Less than a week later, AHS-Newark sent this dog 72 miles away to AHS-Popcorn Park according to the record. Furthermore, AHS put “Humane News – June 2014” on the record and apparently intended to promote this dog for adoption and/or fundraising.

124421

Newark Animal Control took a stray 3 year and 9 month old German Shepherd to AHS-Newark on July 10, 2014. One day later, AHS-Newark sent the dog 72 miles away to AHS-Popcorn Park according to the following record.

126764

While the New Jersey Department of Health’s interpretation of N.J.S.A. 4:19-15.16 seems clear to me, AHS-Newark’s actions are unethical to me even if they were legal. Many Newark residents do not own cars or even know where the Tinton Falls and Popcorn Park facilities are. Making these owners travel over 40 and 70 miles away decreases the chance these dogs can return to their families. Frankly, the fact that these dogs were highly adoptable breeds makes me think AHS was more concerned with earning adoption fees and/or fundraising off these animals.

AHS-Newark also appeared to send some stray animals to rescues during the 7 day hold period. While the frequency of this practice was nowhere near as common as I found at the nearby Elizabeth Animal Shelter, this would violate the 7 day stray hold period if true. On November 28, 2014, AHS-Newark impounded Cat ID# 130941 as a stray. According to AHS-Newark’s intake and disposition record, this cat, which had ear mites, spent 4 days at AHS-Newark and was sent to Mt. Pleasant Animal Shelter (record states “rescue”, but I think they meant animal shelter).

Cat 130941.jpg

On December 11, 2014 AHS-Newark took in Cat ID# 131175 as a stray. According to the AHS-Newark record below, the shelter transferred the cat to Perfect Pals rescue five days later on December 16, 2014. Thus, according to this record, AHS-Newark did not hold this stray cat the required 7 days.

Cat ID 131175 rescued during 7 day hold

On December 29, 2014 someone left a stray 6 month old pit bull named Goldie at AHS-Newark. The record below does not indicate that the owner surrendered the animal to AHS-Newark. According to this record, AHS-Newark transferred the dog to Coming Home Rescue 6 days later. Thus, if this record is accurate, AHS-Newark would have transferred this dog prior to the end of the 7 day stray hold period.

ID 131452 Rescued During 7 Day Hold

Newark Department of Health and Community Wellness Fails to Conduct Proper Inspections

Under N.J.A.C. 8.23A-1.2, local health authorities must inspect licensed animal shelters each year to ensure compliance with state laws. The City of Newark’s Department of Health and Community Wellness is the agency responsible for inspecting AHS-Newark.

Newark’s Department of Health and Community Wellness performed inadequate inspections for many years. On December 5, 2008, the City of Newark inspected AHS-Newark and issued a “Satisfactory” rating. While the inspection report noted some violations, the virtually illegible comments in the report were very limited. In July 2009, the New Jersey Department of Health inspected AHS-Newark and found shocking violations. While I could write a series of blogs on this inspection, the following photos show the horrific conditions at the shelter:

6 Puppy with wounded ears

13 Dogs in feces

15 Dogs in dirty kennel

24 Closeup of Mange Dog

The City of Newark also failed to properly inspect AHS-Newark in 2011. On January 18, 2011, the City of Newark stated AHS-Newark fixed all the violations from a November 2010 inspection and issued a satisfactory rating. However, a New Jersey Department of Health inspection less than two months later found terrible problems. The state inspection report noted dogs housed in kennels with a collapsed roof and workers throwing damaged roof material directly over these dogs. Additionally the report stated outdoor drains were in severe disrepair, no isolation areas for sick large dogs existed, automatic dog feeders were filthy, dogs were exposed to contaminated water and chemicals during the cleaning process, and some animals were not receiving prompt medical care.

The following photos were taken during the 2011 inspection:

AHS 2011 Insepction Sick Rottie

AHS 2011 Inspection Cakes on Food 2

AHS 2011 Inspection Dog Near Feces in Drain

AHS 2011 Inspection Dog Under Roof Construction

The New Jersey Department of Health has not issued any additional AHS-Newark inspection reports since 2011 to the best of my knowledge.

The City of Newark’s inspection reports since 2011 do not inspire confidence. On January 7, 2012, the City of Newark inspected AHS-Newark and did not use a proper shelter inspection form. In fact, the City of Newark appeared to use a restaurant inspection form and barely wrote anything in the report. The City of Newark inspected AHS-Newark on March 6, 2013 and again barely wrote anything in its report with a “Satisfactory” rating. Similarly, the City of Newark inspected AHS-Newark on April 9, 2014 and hardly wrote anything in its report. Specifically, the comments stated the shelter used an exterminator, “checked all facilities” and “conditions are satisfactory.” In 2015, the City of Newark issued a single page report with “Satisfactory” checked off. After I began posting AHS-Newark records in 2015 and someone else obtained a number of these inspection reports during that year, the City of Newark issued a marginally better report in 2016. The City of Newark wrote several very short bullet points about the inspection and then checked off a number of items on a checklist. Given AHS-Newark is New Jersey’s largest animal shelter and the history of issues at this facility, I’d expect the City of Newark’s inspector to provide detailed comments on the shelter’s compliance with each provision of applicable state law.

Frankly, these inspections are a joke and the City of Newark has dropped the ball. The City of Newark clearly missed huge problems found in subsequent state inspections in 2009 and 2011. Furthermore, the City of Newark’s Health and Wellness Department’s subsequent inspection reports lacked any real detail to demonstrate they properly inspected AHS-Newark. Thus, I place no value on AHS-Newark’s favorable inspection reports since the 2011 New Jersey Department of Health inspection.

New Jersey Department of Health Must Perform Routine and Robust Inspections

Ultimately, only a competent inspector can determine if AHS-Newark complied with New Jersey shelter laws in the past and current does so. While I did see fewer problems in the records I reviewed for Irvington animals arriving at AHS-Newark in 2015, this was a much smaller data set. As such, I’m asking the New Jersey Department of Health to inspect AHS-Newark.

Clearly, the New Jersey Department of Health must inspect AHS-Newark on a regular basis. Unfortunately, local health departments lack the expertise and the will to properly inspect animal shelters. In fact, I’ve long called for the New Jersey Department of Health to perform legally required inspections. Sadly, the New Jersey Department of Health has only one person, Linda Frese, to inspect all of the state’s shelters, pet shops and boarding facilities. Furthermore, Ms. Frese also is responsible for rabies control in the state as well. Obviously, the Christie administration needs to add inspectors. However, in the meantime, the New Jersey Department of Health should prioritize its time and regularly inspect large shelters with a history of problems like AHS-Newark. Simply put, the stakes are much higher at the state’s largest animal shelters. Thus, the New Jersey Department of Health should inspect AHS-Newark on a quarterly basis until it can demonstrate that the shelter complies with all of the state’s shelter laws.

City of Newark Needs to Carry Out Cory Booker’s Plan for a New No Kill Shelter in Newark

Mayor Ras Baraka must complete former Mayor Booker’s project to build a new no kill shelter. In 2011, the former Mayor announced his intention to build a new no kill shelter in Newark. Unfortunately, I’ve heard nothing about this project since Mr. Booker became a senator. Even if AHS-Newark is in fact complying with state shelter laws, the shelter kills astronomical numbers of animals. Many large cities, such as Kansas City, Missouri, Austin, Texas, Jacksonville, Florida, and Salt Lake City, Utah reached no kill status (i.e. 90% or higher live release rate). In fact, urban shelters with old and outdated facilities can quickly achieve no kill status. For example, Lifeline Animal Project took over Atlanta’s animal control shelters and reached 90% live release rates at its two facilities in just three years. All these shelters take in far more animals than AHS-Newark in total and around the same or more on a per capita basis. AHS Executive Director, Roseann Trezza, has held leadership position in the organization for more than four decades and has led AHS for 13 years. Clearly, Ms. Trezza and her dysfunctional organization cannot end the killing at AHS-Newark. Thus, the City of Newark must take on sheltering its own animals as the city’s contractor has failed Newark’s and other municipalities’ animals time and time again.

Will Mr. Baraka step up for the voiceless or continue to fund the killing of many of his city’s homeless animals?

Gloucester County’s God Awful Animal Shelter

Gloucester County Animal Shelter reports some of the highest kill rates and body counts every year. In 2014, 31% of dogs and and 76% of cats were killed, died, went missing or were unaccounted for. Furthermore, 52% of dogs not reclaimed by their owners lost their lives at Gloucester County Animal Shelter in 2014. In total, 366 dogs and 2,017 cats were killed, died, went missing or were unaccounted for at Gloucester County Animal Shelter last year. To put it another way, 7 dogs and cats lose their lives at Gloucester County Animal Shelter on average each day of the year at this so-called shelter. Thus, Gloucester County Animal Shelter operates more like a death camp than an animal shelter.

Regressive kill shelter defenders often claim these facilities only kill out of necessity and provide humane and loving care to the animals. For example, PETA wrote an article on how no kill shelters are cruel and kill shelters are humane. One key excerpt was as follows:

Not all animal shelters are the same. Fortunate homeless and unwanted animals end up in the hundreds of open-admission animal shelters that are staffed by professional, caring people.

At these facilities, frightened animals are reassured, sick and injured animals receive treatment or a peaceful end to their suffering, and the animals’ living quarters are kept clean and dry. Workers at these facilities never turn away needy animals and give careful consideration to each animal’s special emotional and physical needs.

Gloucester County Animal Shelter made headlines in October after illegally killing an owned cat. On September 30, 2015, Gloucester County Animal Shelter impounded a stray cat named Moe. According to news stories, the owner’s ex-fiance’s contact information was with the microchip company and he went went to the shelter the next day. Despite this person not owning the cat, the shelter ordered him to take the cat back, surrender the animal to the facility or face neglect charges. Ultimately, he surrendered Moe to the shelter thinking it would be easier for his ex-fiance to get her cat back. After Moe’s owner found out that Moe was at the shelter later that day, she was told she had to pay $85 to adopt her own cat back. However, the owner found out that Gloucester County Animal Shelter killed Moe earlier that day for aggression. Under New Jersey law, shelters cannot kill any stray or owner surrendered animal prior to a 7 day hold period. As a result of this travesty, a Justice for Moe movement started.

At the time, a Gloucester County spokeswoman stated Moe’s death was a “sensitive subject”, but did not admit the shelter broke the law. However, this spokeswoman stated the shelter would review its procedures.

The New Jersey Department of Health (“NJ DOH”) conducted a five hour inspection three weeks after Moe arrived at Gloucester County Animal Shelter. You can read the full inspection report at this link.

Was Gloucester County Animal Shelter’s illegal killing of Moe an aberration? Is Gloucester County Animal Shelter complying with all New Jersey animal shelter laws?

Does Gloucester County Animal Shelter provide humane care to animals and a “peaceful end” to their life as PETA argues kill shelters do?

Gloucester County Animal Shelter Allows Disease to Spread Like Wildfire

The NJ DOH inspector found the shelter placed cats “one after another” inside the same enclosure without disinfecting the cage while the permanent cat housing areas were cleaned. As a result, the shelter exposed each cat to serious diseases.

1.6 (d) Repeat Deficiency- Animals shall not be placed in empty primary enclosures previously inhabited by other animals unless the enclosure has first been cleaned and disinfected.

Cats at the facility were housed in various rooms. All the cats in these rooms, other than the cats housed in the “feral” cat room, were each placed inside the same enclosure, one after the other, during the daily cleaning process. This enclosure was not cleaned and disinfected between inhabitants as required and, therefore, each cat was potentially exposed to infectious agents of every other cat housed within that room. During the cleaning process in the cat isolation room, the inspector witnessed one of the cats being removed from a holding enclosure and carried back to its primary enclosure; another cat was removed from its primary enclosure, carried over to the same holding enclosure and placed inside. When questioned, the cleaning attended confirmed that the holding enclosure is not cleaned or disinfected at any time between animals during the cleaning process.

During this cleaning process, the shelter failed to apply disinfectant solutions long enough and in the proper concentration to prevent the spread of deadly diseases, such as rabies and the canine parvovirus.

1.8 (c) Cages, floors, and hard surfaced pens or runs shall be disinfected at least once per day by washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant.

Animal enclosures were not being sufficiently disinfected at least once daily as required. The disinfectant used at the facility was not being used as instructed on the manufacture’s product label and manufacturer’s website for animal contact surfaces and the disinfecting solution was not being applied to surfaces for the required contact time. Surfaces are required to be cleaned with a detergent and rinsed to remove excess contaminants, and then the disinfectant is required to be applied to surfaces and allowed to remain wet for a 10 minute contact time. When questioned, the cleaning attendant stated that the product is not applied to surfaces for the required 10 minute contact time because they are short staffed and they do not have time to allow for the full contact time.

All animal contact surfaces are required to be mechanically scrubbed to remove greasy residue and organic matter and wiped or rinsed, taking care to avoid redepositing of soil. The product is required to be used at 4 ounces per gallon of water and applied to pre-cleaned surfaces with a 10 minute contact time on hard, nonporous surfaces to be effective against canine parvovirus and rabies virus in accordance with the manufacturer’s website. The product was being used at one ounce per gallon at the time of this inspection, which would be effective against some bacteria and viruses after a 10 minute contact time, but is not effective against canine parvovirus and rabies virus.

The inspection report also noted feeding dishpans were not correctly disinfected and air from the isolation area with sick animals potentially mixed with air in locations with healthy animals.

When animals inevitably became ill, shelter staff failed to provide treatment and isolate the sick animals from healthy ones. Apparently, a “lethargic” animal suffering with “thick purulent nasal discharge” that is “lying with its face on the bottom of the enclosure” and is “reluctant to fully open its eyes” doesn’t warrant treatment at Gloucester County Animal Shelter.

1.6 (e) Animals showing signs of contagious illness shall be removed from rooms and enclosures containing healthy animals and housed in a separate isolation room, in accordance with N.J.A.C. 8:23A-1.9 (b) through (f).

A kitten housed in the “feral” cat room and located in the same cage with another kitten, was showing signs of contagious illness, which included a thick purulent nasal discharge, lethargy, lying with its face on the bottom of the enclosure, and reluctance to fully open its eyes. This cat was not removed from its enclosure as required and housed in the isolation room at the time of this inspection.

To make matters worse, the NJ DOH inspector noted shelter staff had just cleaned this sick and suffering kitten’s enclosure and left the animal alongside a healthy kitten without contacting a veterinarian or vet tech.

1.9 (d) Repeat Deficiency- Each animal shall be observed daily by the animal caretaker in charge, or by someone under his or her direct supervision for clinical signs of communicable disease or stress. 1. Sick, diseased, injured or lame animals shall be provided with at least prompt, basic veterinary care.

The kitten described under section 1.6 was not provided with at least prompt, basic veterinary care at the time of this inspection. This kitten’s enclosure had been cleaned prior to the inspector entering this room. The person that cleaned the enclosure placed the kitten back into the same enclosure with the healthy kitten and there was no indication at the time of this inspection that the clinical signs this kitten was displaying were reported to or observed by the animal caretaker in charge, or by someone under his or her direct supervision.

The NJ DOH inspector also reported the supervising veterinarian did not establish a disease control and health care program as required by state law. In fact, the supervising veterinarian “had not visited the facility for quite some time.” Furthermore, the shelter appeared to provide prescription medicine to animals without a veterinarian observing animals and prescribing these drugs.

1.9 (a) Repeat Deficiency- Facilities shall establish and maintain a program of disease control and adequate health care (program) under the supervision and assistance of a doctor of veterinary medicine.

The facility had a VPH-20, Certification of Veterinary Supervision form posted at the facility, but there was no evidence provided at the time of this inspection that indicated that the supervising veterinarian had visited the facility and established a disease control and adequate health care program as required. The facility had a large stock of assorted medications and other pharmaceutical agents that were not licensed for over-the-counter use and that did not contain prescription labels or other written prescribed instructions established by and under the supervision of the supervising veterinarian.

The inspector was told at the time of this inspection that the veterinarian had not visited the facility for quite some time and the veterinarian had not established a written disease control and health care program. The inspector was told that animals in need of veterinary care were routinely transported to the supervising veterinarian’s office or to other veterinary establishments when the supervising veterinarian’s office was closed. The veterinarian was said to provide consultation over the phone at times, but some animals were administered prescription medications without an examination by a licensed veterinarian or a consultation and written instructions from the supervising veterinarian as required.

There were no written directives available from the supervising veterinarian including, but not limited to, proper cleaning and disinfection protocols; animal isolation procedures; procedures for the appropriate care of animals displaying signs of illness, injury, disease or stress; and protocols to prevent the transmission of disease throughout the facility, including disease transmission through fomite contamination by animal handlers and caretakers as observed at the time of this inspection. There were also no written and established feeding protocols for the animals at the facility established by the supervising veterinarian.

Gloucester County Animal Shelter Illegally Slaughters Animals Like a Serial Killer

The NJ DOH inspector confirmed that Gloucester County Animal Shelter illegally killed Moe via an intraperitoneal injection. Furthermore, the inspector found Gloucester County Animal Shelter illegally killed 384 animals prior to the 7 day hold period during the first 9 or so months of 2015. Thus, Moe’s illegal killing was not an aberration, it was normal operating procedure.

1.10 (a)1. Impounded animals must be kept alive for seven days to give opportunity for rabies disease surveillance and opportunity for owners to reclaim. (N.J.S.A. 4:19-15.16 d, e, and f.)

A stray cat that had been impounded at the facility on September 30, 2015 at 5:20 PM was euthanized the following morning on October 1, 2015 at 11:00 AM by intraperitoneal injection. Documents indicated that this cat was euthanized due to “behavioral issues.” This cat had a microchip that was registered to a previous owner, but documents show that the name and contact phone number for the current owner was provided to the facility. The current owner was not given the opportunity to reclaim the cat.

Disposition records received at the New Jersey Department of Health indicated that 312 cats and 71 dogs and one domestic rabbit were euthanized before the required seven day holding period between January 2, 2015 and October 9, 2015.

Furthermore, the inspector noted Gloucester County Animal Shelter had to keep Moe alive for at least 7 days after the shelter found out who Moe’s actual owner was on October 1.

N.J.S.A. 4:19-15.32-c. If either scan required reveals information concerning the owner of the cat or dog, the shelter or pound shall immediately seek to contact and notify the owner of the whereabouts of the cat or dog. Furthermore, if microchip identification is found, the shelter, pound shall hold the animal for at least seven days after notification to the owner.

A stray cat that was impounded at the facility on September 30, 2015 was scanned for a microchip and the person listed in the microchip database was contacted. The person listed in the database notified the facility that he was not the current owner of the cat and he was able to provide the contact information for the current owner. The cat was euthanized the following day and the current owner, whose name and phone number were written on the animal’s record, was not afforded the opportunity to reclaim her cat. The cat was not held for at least seven days after the facility was supplied with the current owner’s contact information.

The inspection report also stated Gloucester County Animal Shelter routinely broke New Jersey laws for failing to scan animals for microchips upon intake and prior to killing, adopting or transferring animals.

N.J.S.A. 4:19-15.32-a. When a cat or dog is put in the custody of and impounded with a shelter or pound, the shelter or pound shall scan the animal for microchip identification.

Records available at the time of this inspection showed that many animals were not being scanned for a microchip on intake to the facility. There were a total of 38 cats that were held in the feral cat room at the time of this inspection, but only 6 of these cats had been scanned for a microchip upon intake into the facility. There were 18 cats housed in the isolation room at the time of this inspection, but records indicated that 7 of these cats had not been scanned for a microchip upon intake to the facility. There were additional animals throughout the facility, including two dogs and a main coon type cat that had not been scanned upon intake.

N.J.S.A. 4:19-15.32-b. Prior to release of any cat or dog for adoption, transfer to another facility or foster home, or euthanasia of the cat or dog, the shelter or pound shall scan the cat or dog for microchip identification.

The inspector was told that animals were not being scanned for a microchip before being euthanized at the facility. There were no documents available at the facility that showed that animals had been scanned again prior to release, transfer, or euthanasia as required.

Gloucester County Animal Shelter Illegally and Cruelly Kills Animals

Gloucester County Animal Shelter illegally used intraperitoneal injections of Fatal Plus to kill cats. Per New Jersey law, shelters can only use intraperitoneal injections on comatose animals and neonatal kittens. Under this method, animals are injected in the abdominal cavity and can take up to 30 minutes to die. Sadly, Moe needlessly lost his life from this barbaric killing method.

1.11 (c) The acceptable methods of euthanasia include the following: 1. The primary recommended method is an intravenous injection of a barbiturate; however, an intraperitoneal or intracardiac injection may be made where intravenous injection is impractical, as in the very small animal, or in the comatose animal with depressed vascular function.

Cats and kittens were not euthanized by intravenous injection as required. Documents indicated and the inspector was told at the time of this inspection that the primary method of euthanasia for cats at the facility was an intraperitoneal injection of sodium pentobarbital. All cats and kittens were euthanized by this method, including healthy adult cats and larger kittens over 4 weeks of age rather than cats that were comatose and had depressed vascular function or very small neonate kittens where intravenous injection may be impractical. Intraperitoneal and intracardiac injections are not to be used as the primary method of euthanasia for animals at the facility and these methods of euthanasia are only acceptable with documented justification.

To make matters worse, Gloucester County Animal Shelter did not weigh animals prior to administering pre-killing sedatives and Fatal Plus poison. 87 cats and kittens were given low dosages of Fatal Plus and no dosage records existed for 1,204 other cats and kittens killed during the year. As a result, animals may have experienced great pain due to receiving incorrect dosages of these drugs.

1.11 (f) 3. Weigh all animals prior to administration of euthanasia, immobilizing, or tranquilizing agents.

The inspector was told that animals were not weighed prior to administration of euthanasia, immobilizing, or tranquilizing agents and that all cats received one milliliter (ml) of euthanasia solution and all kittens received .5 ml of solution. One of the euthanasia technicians stated that if a cat looks big, they would give a little more.

The label instructions on the bottle of Fatal Plus euthanasia solution stated that the required volume of solution is 1 ml per 10 lbs. of body weight and intravenous injection is preferred. The calculated dosage should be given in a single injection. Intraperitoneal or intracardiac injection may be made when intravenous injection is impractical, as in very small or comatose animals with impaired vascular functions. Since animals were not weighed before administration of euthanasia and tranquilizing agents, the dosages for these agents were not calculated as required for each individual animal.

A review of euthanasia log records received at the New Jersey Department of Health confirmed that most adult cats were given 1 ml of Fatal Plus euthanasia solution regardless of their actual weight, and kittens were given .5 ml without determining their weight before the administration of euthanasia solution. The euthanasia logs show that 1291 cats and kittens were euthanized between January 3, 2015 and October 20, 2015. Eighty of these cats were given more than 1 ml of euthanasia solution and 7 kittens were given .3 ml rather than .5 ml. There were no documents available to indicate that rabbits, ferrets, a pig, and various other domestic and wildlife species were weighed prior to the administration of euthanasia, immobilizing, or tranquilizing agents. There were no documents available to determine if the 1204 cats and kittens that were administered 1 ml or .5 ml sodium pentobarbital, as well as the additional animals that were not weighed prior to administration of euthanasia solution, were give a sufficient dosage as indicated on the product label to produce humane euthanasia as quickly and painlessly as possible in these animals.

Even more frightening, the shelter had no records indicating anyone confirmed animals were actually dead after the killing. In a worst case scenario, animals receiving dosages that were too low may have been still alive when disposed of.

Note: There were no documents available at the facility to indicate that each animal was being assessed after the administration of euthanasia agents as required to ensure that the animal was deceased prior to disposal. There were no instructions posted in the euthanasia area indicating the procedures for animal assessment after the animals were euthanized. During the inspection, there was a concern that section 1.11 (g) may not have been followed; therefore it is recommended that records be amended to include this information. The requirements for the section are as follows:

1.11 (g) After the administration of euthanasia agents to an animal, the person administering euthanasia shall assess each animal for the absence of a heartbeat by auscultation of the heart utilizing a stethoscope, establishment of the absence of a pulse and respiration, the absence of movement of the eyelid when the cornea is touched (corneal reflex) and checking for presence of maximum dilation of the pupils of the eyes. 1. The person administering euthanasia shall perform these assessments in combination at least 5 minutes apart until the person can definitively determine that the heart is no longer beating, to ensure that the animal is deceased prior to disposal.

High Kill Shelters View Animals as Trash

Animal extermination operations like Gloucester County Animal Shelter place little value on the lives of animals. After all, when you kill most of your animals, and nearly all of your cats, that seems like the logical view to take. If you are going to kill an animal in a week anyway, not treating a medical illness or taking the creature to a veterinarian doesn’t seem like a big deal. Sadly, organizations like PETA ignore countless examples of cruel operations like Gloucester County Animal Shelter and instead vilify even well-run no kill shelters. Unfortunately, PETA believes pets should not exist and their silence in these situations indicates killing pets by any means necessary is worth the cost to achieve their nefarious goal.

New Jersey Department of Health and the NJ SPCA Must Severely Punish Gloucester County Animal Shelter and Local Health Inspectors

Gloucester County Animal Shelter’s problems go far beyond minor code infractions. Frankly, the wholesale and institutionalized cruelty mandates the NJ SPCA focus on this case. Simply put, the consequences of inaction mean thousands of other animals each year will experience the same level of cruelty unless the NJ SPCA takes serious and drastic action, particularly against Shelter Director, Bill Lombardi. Sadly, the NJ SPCA’s record in pressing charges and winning cases against abusive shelters is poor.

The New Jersey Department of Health should fine Gloucester County Animal Shelter the maximum $50 fine for each infraction, including separate fines for each animal. Additionally, the New Jersey Department of Health should reinspect the shelter every month and assess new fines for each shelter law violation not corrected. Gloucester County officials must face a steep monetary penalty for allowing these blatant law-breaking activities to go on. Furthermore, the New Jersey Department of Health should recommend that the New Jersey Public Health Licensing and Examination Board revoke the local Health Officer’s license and take any other necessary disciplinary action. Simply put, the local health department allowed the shelter to operate in this illegal manner for years and needs to face serious consequences for its inaction.

Gloucester County Freeholders Must Respond to Local Shelter Reform Activists

Based on my conversation with a local activist, the shelter has ignored reformers for years. These dedicated people tried hard to work with the shelter, but were rebuffed countless times. Poor policies, such as aggressively cracking down on people practicing TNR and not adopting animals out at the shelter during weekends, leads to killing. Clearly, Gloucester County officials must fire Shelter Director, Bill Lombardi, and much of the staff and replace them with compassionate and competent people.

The shelter only takes in 13 dogs and cats per 1,000 people in Gloucester County, which is below the national average. In fact, animal control shelters take in far more animals in total and per capita and achieve no kill level live release rates. For example, the Reno, Nevada area’s open admission shelter takes in around 15,000 animals a year or around 36 dogs and cats per 1,000 people, and still saves 90% or more of these animals year after year. Clearly, we can shelter animals far better than what Gloucester County Animal Shelter is doing. People should contact Gloucester County Freeholders Robert Damminger and Daniel Christy and demand Gloucester County run a no kill shelter. It is time Gloucester County elected officials take this horrific situation and turn it into something positive.