County seizes 36 dogs, cites owner

According to a news release from the Preston County coordinator, on July 27, a Preston County Animal Shelter employee encountered a dog walking along the road between Lenox and Cuzzart. The employee went to a nearby residence on Ralph Livengood Road in an attempt to find the dog’s owner. At the home, the employee reported finding multiple dog pens with animals in muddy conditions, and some with no water or unclean water. Two litters of puppies were observed in pens. A Preston County Sheriff’s deputy was then sent to the scene to investigate.

The criminal complaint against Marstiller says that the deputy saw multiple, muddy dog pens. All but one pen held Springer spaniels. There was a litter of puppies in one pen, another litter under a shed and what appeared to be a third mother dog “roaming the backyard frantically.”

“Some kennels had unclean water and some were without water, although it was obvious by the strewn about water hoses that the dogs get regular water,” according to the complaint.

“The dogs were covered in mud, and those not in the open yard had no way of exiting the mud. The mud was beginning to make matting in the fur of the dogs,” the officer said in the complaint.

More dogs were inside the house and “at least 15” unsterilized dogs on the property outside and an unknown number inside the house.

At least 30 dogs were present, and tax office records showed that only three were registered to this address with taxes paid, according to the complaint. None of the dogs had rabies tags visible.

The officers said he found information that Marstiller was at the Ralph Livengood Road address in September 2020.

The deputy was unable to find a state business license for Marstiller, and there was no records that a breeder license had been applied for in the county. On Friday, Preston County sheriff’s deputies and animal shelter employees from Preston and Garrett counties went to the property to remove 35 Springer spaniels and one Cane Corso dog due to the lack of a commercial breeder permit.

The dogs included 20 adults and 16 puppies from three litters. Three dogs were taken to a veterinarian for immediate examination, and the others will be checked as soon as possible, according to the county’s news release. All of the dogs currently are under the care of the Preston County Animal Shelter.

Under West Virginia Code 19-20-26, a breeder is to obtain a commercial dog breeder permit from the county commission and a business license. Preston County’s permit is required when 11 to 30 unsterilized dogs over the age of 1 year at any one time for the exclusive purpose of breeding are kept.

Certification requires the breeder to provide the animals with adequate housing facilities and primary enclosures. The person must be able to show annual certification from a veterinarian that a dog is in suitable health for breeding, and that all dogs have access to veterinary care without delay.

Inspections of the facility are to be conducted by an animal control official.

The permit requires that breeders provide dogs easy access to adequate amounts of clean water and food, keep enclosures free of debris and provide veterinarian care without delay when needed. Among other things, housing facilities must be kept in a sanitary condition and in good repair and enable dogs to remain dry and clean, they must provide protection from extreme temperatures and weather conditions, must have solid floors and be cleaned daily, as well as having minimal odors.