Dispute over kennel license heading to court

• City says no kennels in zone B residential

• Woman says she was denied due process

• Court order halts city’s suspension of license

• A district court hearing is set for March 14

 

by Philip A. Janquart

Editor’s note: This is a breaking story that leaves some questions unanswered. However, more information will be provided as it becomes available.

 The owner of a local animal shelter has filed a lawsuit against the City of Weiser, claiming her non-commercial kennel license was unfairly suspended.

 Charlene “Charlie” Prentiss owns Canines and Special Pet Rehoming (CASPR), a nonprofit organization that rescues abandoned and abused dogs, which operates from Prentiss’ home at 540 E. Hanthorn Ave. in Weiser.

 On one side is Prentiss who is doing her best to find loving and supportive homes for animals, some of them deemed “special needs,” that might otherwise be euthanized. 

On the other, neighbors who, while sympathetic to Prentiss’ passion, say they are tired of dogs allegedly barking at all hours of the day and night, vicious fights between the animals, aggressive dogs allegedly causing public safety issues, the smell of feces said to thicken once the summer heat sets in, and flies.

 In the middle is an apparent question of interpretation of city zoning regarding kennels within city limits.

 The issues underpinning the dispute are not immediately relevant according to Charlie Prentiss’ complaint, filed with the Third Judicial District Court in Washington County Feb. 17, which claims she was denied due process before the license was suspended.

 “The fundamental fairness issue here is not that Charlie is right, and the neighbors are wrong. That is a separate issue. The problem here is procedure – that is the problem; first, by denying her a license and then the attempted revocation,” Boise-based attorney, Peter Wood, told the Weiser Signal American on Feb. 18, just one day after Prentiss received a letter signed by Mayor Randy Hibberd, dated Feb. 16, notifying her of the temporary suspension.

 In the letter, Mayor Hibberd explained that kennels are not a permitted use in the residential B zone and that Prentiss’ kennel at its current location is in violation of Weiser City code sections 10-4-1, 10-8-1, and 10-8-2.

 The letter further stated that it would suspend her license beginning Feb. 22, 2022, followed by a March 3 hearing before the mayor and city council to decide whether to revoke the license.

 Prior to the mayor’s Feb. 16 letter and the City’s subsequent license suspension, Prentiss alleges that on Jan. 17 the City refused to renew the $25 non-commercial license based on complaints filed by several neighbors with the Weiser Police Department.

 The district court, however, granted Prentiss’ writ of mandamus compelling the City to issue the license. The City issued the license on Jan. 19 and Mayor Hibberd’s letter explaining the City’s intended actions was received by Prentiss Feb. 17.

 Attorneys for the City of Weiser provided the Weiser Signal American with a prepared statement on Monday, Feb. 28:

 “Over the course of 2021 and into 2022, City officials have received numerous complaints regarding Ms. Prentiss’s property stemming from noise (barking dogs) and odor (feces) emanating from her property. Largely based upon these complaints, the City declined to issue Ms. Prentiss a noncommercial kennel license for 2022. Ms. Prentiss’s attorney was informed on or about January 13, 2022, that the license was not going to be issued for several reasons, including that Ms. Prentiss’s operation was, upon review, in violation of the City’s zoning code. Her property is located in the B residence zone, and a kennel is not a permitted use in that zone. Ms. Prentiss’ attorney filed for and obtained a writ of mandamus compelling the Clerk to issue the license. 

 “Subsequently, the City complied with the Judge’s order and issued her a license; however, following City code, the City has temporarily suspended that license pending a hearing before the mayor because a kennel is not a permitted use in the residential zone where she resides.

 “The City of Weiser does not doubt that Ms. Prentiss has her heart in the right place and that she cares deeply for animals. But currently, Ms. Prentiss has represented that she has nine dogs on her property in a residential zone. The City also has an obligation to uphold the City Code, and the desires of one citizen, regardless of how well-intended those desires may be, do not take precedence over the rights of other citizens to enjoy their own property.”

 On Monday, Feb. 28, the court granted Prentiss a motion requesting that it “deem null and void the respondents’ attempt to suspend/revoke her non-commercial kennel license.”

 The March 3 hearing with Mayor Hibberd and the city council has subsequently been cancelled as a result of the court’s order staying the suspension of the license, with a scheduled March 14 district court hearing where attorney Pete Wood said he anticipates extending the Feb. 28 order until another hearing addressing the question of interpretation of city code can be scheduled.