By Sam Borsato - @BorsatoSam on Twitter

23 dogs being returned to owner after more than 100 seized from Vulcan County property

Jun 27, 2017 | 1:25 PM

MILO – A Vulcan County man is facing two charges from the Alberta SPCA (Society for the Prevention of Cruelty to Animals) after hundreds of animals were taken from his property.

On April 24, the SPCA seized 131 dogs, 62 rabbits, eight cats and three tortoises from a property near Milo, and placed them in protective custody. According to Roland Lines, SPCA communications manager, two of the dogs had to be euthanized after contracting parvo and a number of puppies were also born. 
 
“Our initial investigation began because of a report from a member of the public who had concerns for the health of animals at the property,” Lines told Lethbridge News Now, adding that officers found problems with space, sanitation and ventilation on the property.
 
“[Our officer] returned with a veterinarian, assessing the animals individually. The animals that we removed from the property were the ones that were deemed to be in immediate distress at the time. There were additional animals that remained at the property. They were not in distress at the time, and therefore we didn’t have authority to remove them.”
 
All 129 dogs that were seized have been split between the Calgary Humane Society and Alberta Animal Rescue Crew Society (AARCS) for care, some of which are now available for adoption.

However, Lines noted that 23 of the dogs, 17 rabbits, eight cats and two tortoises will have to be returned to the owner, Ty Marshal, due to a legal complication.
 
“He prevented us from dispersing the dogs as we normally would after the hold period… There ended up being a legally binding consent order that we were required to follow, which established — through a third party independent assessment of the property — how many animals he could care for there,” Lines went on to explain. An SPCA media release states that the property assessment was completed on June 14.
 
According to Vulcan County Bylaw 2013-003, no one is allowed to have more than three dogs on their property unless they hold a valid commercial kennel development permit. Lines said that Marshal did apply for a kennel permit, but was denied by the county.
 
The consent order is now being used to specify how many animals Marshal can care for at this time, and also includes provisions for him to make changes to the property, have a certain number of staff on hand and to prove that vet care is being provided.
 
“We’re not happy about having to return animals to him. We ask people to remember that he has not yet been found guilty of an offence,” Lines continued.
 
“The legislation as it exists now, there is no direct provision for us to prevent him from having the animals until such time as he’s found guilty [and] if a judge decides to sign a prohibition order against animal ownership.”

Marshal is charged with causing or allowing animals to be in distress, as well as failing to provide care for sick or injured animals. He was expected to make his first court appearance in Lethbridge on Monday (June 26). Marshal’s second appearance is scheduled for July 24.