By Kim McDarison
An ordinance, written to prohibit the large-scale breeding of animals by restricting the sale of cats, dogs and rabbits in retail stores within the city of Fort Atkinson, passed a first reading during Tuesday’s Fort Atkinson City Council meeting.
Ordinances within the city of Fort Atkinson are subject to three readings unless council opts to waive future readings.
Fort Atkinson City Manger Rebecca LeMire noted that Council President Mason Becker had requested that the Ordinance Committee and the council review the ordinance, which, she said, was similar to one passed recently in the neighboring city of Whitewater.
Outlining discussion points, LeMire said, recitals in the draft of the ordinance included an understanding of the following:
- Most puppies and kittens sold in pet stores are from large-scale animal breeding operations that seek to maximize profits over the health and well-being of animals.
- Puppies and kittens bred in large-scale operations are often abused and neglected and are more likely to be sick and/or have behavioral issues.
- Pet stores that sell live puppies, kittens and rabbits often mislead customers and make false health and behavior guarantees.
- Current state and federal regulations of commercial breeding is severely lacking.
- Prohibiting the sale of dogs, cats and rabbits in pet stores in Fort Atkinson may reduce the demand for such animals bred in substandard conditions.
- Pet stores and pet supply stores in the city are following and supportive of this ordinance change.
- This ordinance will not affect a consumer’s ability to obtain a dog, cat or rabbit from a shelter, rescue operation or breeder.
The ordinance would provide a penalty for violations in an amount up to $1,000 per violation plus the cost of prosecution. The penalty would apply for each day the violation exists and for each animal sold, LeMire noted.
On April 8, LeMire said, the city’s Ordinance Committee reviewed a draft of the ordinance and recommended that the city council review and adopt it.
The city has also received a letter of support regarding the codification of the ordinance dated March 12 from Jeff Okazaki, executive director of the Humane Society of Jefferson County.
“The Humane Society of Jefferson County was deeply involved in the passage of the Whitewater pet sale ordinance as the first municipality in our state to adopt this language into its municipal code. We’re very happy to hear that the Fort Atkinson City Council is taking up the same effort,” Okazaki wrote in his letter.
Responding to questions, LeMire noted that no such retail stores selling cats, dogs and rabbits currently exist within the city. The action would be proactive, she said.
The ordinance would not apply to residents and breeders within the city who might offer puppies, kittens and rabbits for sale from home, LeMire said, noting that the code was designed to apply to retail establishments.
“The ‘large-scale’ is the business of animal breeding that’s sold in pet stores. So this would not prohibit somebody from breeding a cat or dog in their home,” LeMire said.
Council asked for distinctions as defined by the ordinance between small-, medium- and large-scale breeding. LeMire pointed to the second page of the draft ordinance, where definitions of an animal care facility, a rescue organization, and breeder/broker establishment were listed.
“It basically prohibits stores from selling dogs, cats and rabbits, but, no, there is not a definition of small or large,” LeMire said.
Becker said the consideration of the draft was initiated by a resident who had been involved with passing a similar ordinance in Whitewater.
“It’s not intended to penalize a … local person who has a dog or two and they raise their own litters and sell them. This is targeted towards prohibiting the sale of animals that come from those large-scale operations where the animals typically are not especially treated well, and they can have health issues, and so on, and obviously we don’t have any pet stores currently selling any types of these animals, so it is more preemptive than anything,” Becker said.
“We did receive positive feedback from the Humane Society of Jefferson County. The ordinance in Whitewater was supported by several other related organizations. I did also speak to somebody affiliated with Paddy’s Paws (a Fort Atkinson-based rescue shelter) and they were supportive of this as well,” Becker continued.
When asked if a small pet store owner who wanted to sell animals in the city would be allowed, Becker noted that, under the ordinance, they would not.
Pet stores could still offer animals for adoption through a humane society or other similar organization, LeMire said.
City Attorney David Westrick suggested council could address their concerns by adding language into the ordinance, that might make more clear a definition, by allowing, as an example, “up to five animals or something like that, or what would be typical for a litter of dogs.”
Councilman Paul Kotz said he realized it was not an issue currently, but, he said, if a retailer who wanted to sell pets responsibly came forward, the ordinance would prohibit it.
“If someone wanted to do it responsibly, they couldn’t,” he said, adding that the restriction, “seemed a bit odd.”
The ordinance only applies to dogs, cats and rabbits, and not other creatures like tropical fish, LeMire said.
Kotz recommended the ordinance undergo a full three readings to give “people more time to think about it.”
“A big part of the concern is where the animals originate from,” Becker said.
Becker, too, advocated for three readings of the draft.
Council voted unanimously to move the draft to a second reading which would likely take place during the next council meeting.
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