Why wasn't puppy mill found sooner?

LOCKPORT, N.Y. (WIVB) - Neighbors say they complained for years about barking and a strong odor at a home where 64 Pomeranians were living under one roof before authorities finally stepped in.

The charges against the dogs' former owner Elly Magrum are now more serious. Magrum has been charged with cruelty to animals and two counts of endangering the welfare of a child. A 12-year-old and 14-year-old were sharing the home with the 64 dogs.

But why did this alleged puppy mill continue for so long? In the Town of Lockport, residents are allowed three dogs per household and no one is allowed to have a kennel license in a residential area.

Dog Control Officer Barry Kobrin says Magrum had 64 Pomeranians in her home on Royal Parkway, and was selling them without a kennel license.

"If I lived next to a home with that many dogs in it, I think I would be having a problem also," Kobrin said.

Town officials said Magrum was able to avoid getting caught for several years by legally licensing three of her dogs. That way, moderate barking noise could be explained. Kobrin heard it himself. No one came to the door when he knocked to inform them one license had expired.

"I did hear the dogs barking. But it did not sound outrageous because of the way the house was set up," Kobrin said.

Kobrin has been on the job for just a month but says his predecessor knew of the house. She was even allowed inside to inspect it once within the last couple years. On that day, all the dogs were gone.

"We don't know why there were no dogs in the home. Did she know Joan was coming and remove them, then bring them back? We don't know. It's a game she was playing," Kobrin said.

Without probable cause, Kobrin says he can't get a search warrant. His biggest frustration in enforcing ordinances and preventing puppy mills is being denied access to the homes.

"But everyone has to understand, the laws are hard to deal with. This takes time to put together," Kobrin said.

Kobrin is hopeful that soon could change. He said this case has a lot of local officials talking, brainstorming ways current laws and ordinances could be tweaked to make it easier to prevent and bust suspected puppy mills.

All day Tuesday, every phone call at the SPCA of Niagara was the same - someone would be calling, interested in adopting one of the 64 adorable Pomeranians rescued from the suspected puppy mill. The waiting list didn't last long.

"Within two hours of opening yesterday we had a complete list double of the number of dogs we have in the facility," Shelter Director Amy Lewis said.

The SPCA has received puppy pads and hundreds of pounds of food. This case has really touched the community's heart.

"It tugs at their heartstrings and they want to do their part and help out," Lewis said.

The 64 dogs included five litters of puppies. Five of the adult dogs are pregnant. The SPCA is evaluating each animal. Forty-four of them need dental cleanings and a couple will need surgery for a common knee problem.

But considering they were living all under one roof in pens lined with days worth of feces, according to the dog control officer, they are healthy dogs. And that, argues Magrum's attorney, shows his client is not a dog hoarder but a legitimate breeder.

"This is a person that raised beautiful dogs. My understanding is that they've all been adopted, within a very short period of time," said Attorney George Muscato. "If these dogs were sick or ill, this wouldn't be happening. Should they have had 64 dogs in their home? Probably not. But the bottom line is that they were all properly cared for."

SPCA Director Lewis acknowledged, "Any time we get a big case like this, we always anticipate health issues. So we prepare for the worst and hope for the best and this was pretty good. Most of the animals are relatively healthy. Just a couple of issues."

The SPCA is adopting out the animals on a sliding scale from $175 to $450. They say Magrum was charging between $450 and $900 for the puppies. They found a receipt for one she sold as recently as Saturday.

Town officials are now looking for ways to change ordinances to close the loopholes that allowed Magrum to allegedly run this illegal operation.