Owner allowed to keep one of 23 seized dogs

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South Bend Animal Control is caring for the 23 dogs seized from a California Street garage. A hearing on Monday, July 21, 2008 determined the owner will be allowed to keep one of the dogs. (WSBT photo)

By Beth Boehne

Story Created: Jul 21, 2008 at 11:06 AM EST

Story Updated: Jul 21, 2008 at 11:13 AM EST

SOUTH BEND — A local man caught with 23 dogs in his garage will pay thousands of dollars in fines and will only be allowed to keep one of the dogs.

Animal Control took the 23 dogs from Bernard Turner's California Street garage last month. Police found them after reports of a foul smell. They found the dogs in cages inside the garage, some with skin conditions and eye problems.

The owner wanted at least some of the dogs returned; the city said he shouldn't get them back.

“We do not feel they were being properly cared for,” Gary Libbey from South Bend Animal Control told WSBT News last week. “So we would like to obtain custody of the animals and find proper homes where they will be housed and cared for the rest of their lives properly.”

The hearing was postponed last week when Turner's attorney asked the judge for more time to formulate his case.

Monday, a judge decided Turner will be allowed to keep one animal of his choosing, however has to pay the city more than $10,000 in fines. He also has to have the dog licensed, sterilized and vaccinated before Animal Control will give it back.

The prosecutor's office did not file charges against Turner because they say he wasn't doing anything wrong in the eyes of the law.

But in the eyes of the city he was, by violating city code for the number of animals you can have on your property.

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