Council gives final approval to municipal code prohibiting sale of cats, dogs, rabbits in pet stores

By Kim McDarison 

An ordinance — written to slow the large-scale commercial breeding of animals by prohibiting the sale of cats, dogs and rabbits in retail stores within the city of Fort Atkinson — passed a final 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. 

During Tuesday’s meeting, council voted to suspend the rules and waive a third reading, making approval of the new language final after the second reading. 

A community member and several representatives from various animal humane and rescue societies spoke in favor of the new ordinance before it was approved. 

Among those speaking in favor of Fort Atkinson adopting restrictions for the sale of cats, dogs and rabbits in pet stores during the “public comment” portion of the meeting were Peggy Race, who described herself as a member of “Bailing Out Benji,” a nonprofit dog rescue organization begun in 2011, which focuses on education about large-scale commercial puppy breeders often called “puppy mills,” and Fort Atkinson resident Paula Brown, who said she also was a member of Bailing Out Benji and identified herself as the person who brought the need for the new ordinance to the attention of then-council president Mason Becker. 

Also in attendance and in support of the language was Jefferson County Humane Society Executive Director Jeff Okazaki and The Humane Society of the United Sates – Wisconsin Director Megan Nicholson. 

Those speaking in favor of the ordinance pointed to what they said were poor conditions in which large-scale commercial breeding can take place, overuse of animals used for commercial breeding, birth defects and other health issues that often go undetected by those who purchase the animals that result from commercial large-scale breeding and often result in large and unplanned expenses for new owners, and, in some cases, predatory lending practices associated with facilities that sell animals procured through large-scale breeding operations.  

Council approved a first reading of the language during its previously held meeting on April 20. 

Fort Atkinson City Manger Rebecca LeMire noted that Becker had, in advance of the April 20 meeting, requested that the city’s Ordinance Committee and the council review the ordinance, which, she said, was similar to one passed recently in the neighboring city of Whitewater. 

During the April 20 meeting, council learned 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. 

With the passage of the new language, the ordinance will provide a penalty for violations in an amount up to $1,000 per violation plus the cost of prosecution. The penalty will apply for each day the violation exists and for each animal sold, LeMire noted. 

The city’s Ordinance Committee reviewed a draft of the ordinance on April 8, and recommended that the city council review and adopt it, LeMire said.  

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