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HomeMy WebLinkAboutOrdinance 6587113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6587 File Number: 2022-0618 AMEND §92.04 SALE OF DISEASED ANIMALS; KENNEL AND PET SHOP REGULATION: AN ORDINANCE TO AMEND § 92.04 SALE OF DISEASED ANIMALS; KENNEL AND PET SHOP REGULATION TO PROHIBIT THE RETAIL SALE OF DOGS, CATS, PUPPIES, AND KITTENS UNLESS OBTAINED FROM AND IN COOPERATION WITH THE FAYETTEVILLE ANIMAL SHELTER OR ANOTHER ANIMAL RESCUE ORGANIZATION WHEREAS, the City of Fayetteville has an interest in maintaining the public safety and welfare of citizens and residents of Fayetteville and its visitors; and WHEREAS, Ark. Code Ann. § 14-54-103(7) provides that cities shall have the power to prevent cruelty to animals; and WHEREAS, the Humane Society of the United States estimates that there are at least 10,000 puppy mills in the United States, fewer than 3,000 of which are regulated by the United States Department of Agriculture; and WHEREAS, according to the Humane Society of the United States, puppy mills are high volume dog breeding facilities that churn out puppies for profit, ignoring the needs of the pups and their mothers; and WHEREAS, according to the Humane Society of the United States, puppy mills commonly sell through retail pet stores and the majority of puppies sold in pet stores are from puppy mills; and WHEREAS, current state and federal regulations do not adequately address the sale of puppy and kitten mill dogs and cats in retail pet shops; and Page 1 Printed on 7120122 Ordinance: 6587 File Number: 2022-0618 WHEREAS, Petco and Petsmart, the City's largest pet supply stores, have corporate mandates against the sale of dogs and cats and both work with local pet rescues and shelters to allow pet adoptions through those organizations at their store locations; and WHEREAS, it is in the interest of the City of Fayetteville to promote and ensure humane approaches and standards for animal disposition and ownership by encouraging the adoption of rescue dogs and cats. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l : That the City Council of the City of Fayetteville, Arkansas hereby amends § 92.04 by enacting a new subsection (C) as shown below: "(C) It shall be unlawful for a pet shop to offer for sale or to display any dog, cat, puppy, or kitten unless obtained from and in cooperation with the Fayetteville Animal Shelter, a government or nonprofit animal shelter approved by Fayetteville Animal Services, or a nonprofit animal rescue organization approved by Fayetteville Animal Services. Every pet shop offering for sale or displaying any dog, cat, puppy, or kitten shall display a label stating the name and address of the organization supplying said animal on the animal's cage". PASSED and APPROVED on 7/19/2022 Attest: �0R1111 Jr7R4!►r� •1-T Y' • qs�r FAYETTEVjL1_r� �2; • Kara Paxton City C er ' Treasurer wl 17"P •�S,y. !t A 64 40;- 7 ®N0','��t, Page 2 Printed on 7120122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0618 Agenda Date: 7/19/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: DA AMEND §92.04 SALE OF DISEASED ANIMALS; KENNEL AND PET SHOP REGULATION: AN ORDINANCE TO AMEND § 92.04 SALE OF DISEASED ANIMALS; KENNEL AND PET SHOP REGULATION TO PROHIBIT THE RETAIL SALE OF DOGS, CATS, PUPPIES, AND KITTENS UNLESS OBTAINED FROM AND IN COOPERATION WITH THE FAYETTEVILLE ANIMAL SHELTER OR ANOTHER ANIMAL RESCUE ORGANIZATION WHEREAS, the City of Fayetteville has an interest in maintaining the public safety and welfare of citizens and residents of Fayetteville and its visitors; and WHEREAS, Ark. Code Ann. § 14-54-103(7) provides that cities shall have the power to prevent cruelty to animals; and WHEREAS, the Humane Society of the United States estimates that there are at least 10,000 puppy mills in the United States, fewer than 3,000 of which are regulated by the United States Department of Agriculture; and WHEREAS, according to the Humane Society of the United States, puppy mills are high volume dog breeding facilities that churn out puppies for profit, ignoring the needs of the pups and their mothers; and WHEREAS, according to the Humane Society of the United States, puppy mills commonly sell through retail pet stores and the majority of puppies sold in pet stores are from puppy mills; and WHEREAS, current state and federal regulations do not adequately address the sale of puppy and kitten mill dogs and cats in retail pet shops; and WHEREAS, Petco and Petsmart, the City's largest pet supply stores, have corporate mandates against the sale of dogs and cats and both work with local pet rescues and shelters to allow pet adoptions through those organizations at their store locations; and WHEREAS, it is in the interest of the City of Fayetteville to promote and ensure humane approaches and standards for animal disposition and ownership by encouraging the adoption of rescue dogs and cats. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: City of Fayetteville, Arkansas Page 1 Printed on 712012022 File Number: 2022-0618 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 92.04 by enacting a new subsection (C) as shown below: "(C) It shall be unlawful for a pet shop to offer for sale or to display any dog, cat, puppy, or kitten unless obtained from and in cooperation with the Fayetteville Animal Shelter, a government or nonprofit animal shelter approved by Fayetteville Animal Services, or a nonprofit animal rescue organization approved by Fayetteville Animal Services. Every pet shop offering for sale or displaying any dog, cat, puppy, or kitten shall display a label stating the name and address of the organization supplying said animal on the animal's cage". City of Fayetteville, Arkansas Page 2 Printed on 712012022 Legistar ID No.: 2022-0618 AGENDA REQUEST FORM FOR: Council Meeting of July 19th, 2022 FROM: City Council Members Sarah Bunch and Holly Hertzberg ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND § 92.04 SALE OF DISEASED ANIMALS; KENNEL AND PET SHOP REGULATION TO PROHIBIT THE RETAIL SALE OF DOGS, CATS, PUPPIES, AND KITTENS UNLESS OBTAINED FROM AND IN COOPERATION WITH THE FAYETTEVILLE ANIMAL SHELTER OR ANOTHER ANIMAL RESCUE ORGANIZATION, AND TO DECLARE AN EMERGENCY APPROVED FOR AGENDA: &:�Item�ber Sarah Bunch C�J Council Member- ally Hertzberg - '4Z -, �-- Asst. City Attorney Blake Pennington Approved as to form Date Date / 11 2_ Date Pennington, Blake From: Bunch, Sarah Sent: Friday, July 8, 2022 3:00 PM To: Pennington, Blake Cc: Hertzberg, Holly; Lentz, Justine; Williams, Kit Subject: Re: Amend 92.04 - Puppy Mill and Commercial Breeding Facility Dogs and Cats Attachments: image001 jpg; image002 jpg; Agenda Request - Council Members Bunch and Hertzberg - Amend 92.04 Sale of Animals Regulations.pdf; ORD AMEND 92.04 REQUIRE SALE OF RESCUE ANIMALS AT RETAIL PET STORES - WALK ON FOR BUNCH AND HERTZBERG.pdf Blake, Please accept this email as my agreement with proposed ordinance attached to your email. I accept it as written and request no changes. Thank you very much. Sarah Bunch Sent from my iPad On Jul 8, 2022, at 11:47 AM, Pennington, Blake <bpennington@fayetteville-ar.gov> wrote: Sarah and Holly, Attached is the packet for an amendment to 92.04 that would prohibit pet stores from selling any dog or cat that wasn't from an animal shelter or rescue organization. I'm also attaching the draft ordinance. If you see anything that you would like changed please let me know. If you are ready to move forward, you can either sign and return the agenda request form or approve by responding back to this email. Thank you! Blake Blake E. Pennington Assistant City Attorney 113 W. Mountain St., Suite 302 Fayetteville, Arkansas 72701 Telephone: (479) 575-8313 l��enriin��ttnrc� Pavctteyiiic grov Facebook I Twitter I Instagram I YouTube Pennington, Blake From: Hertzberg, Holly Sent: Saturday, July 9, 2022 11:12 AM To: Pennington, Blake Cc: Bunch, Sarah; Lentz, Justine; Williams, Kit Subject: Re: Amend 92.04 - Puppy Mill and Commercial Breeding Facility Dogs and Cats Blake, This looks good, thank you! Holly Hertzberg On Jul 8, 2022 at 11:47 AM, <Blake Pennin ton> wrote: Sarah and Holly, Attached is the packet for an amendment to 92.04 that would prohibit pet stores from selling any dog or cat that wasn't from an animal shelter or rescue organization. I'm also attaching the draft ordinance. If you see anything that you would like changed please let me know. If you are ready to move forward, you can either sign and return the agenda request form or approve by responding back to this email. Thank you! Blake Blake E. Pennington Assistant City Attorney 113 W. Mountain St., Suite 302 Fayetteville, Arkansas 72701 Telephone: (479) 575-8313 1)1)t;nninutor7 ii�4lvetceville-ar. aov o� ti�rrrrF . � L r ra Ys� Facebook I Twitter I Instagram J YouTube OFFICE OF THE CITY ATTORNEY TO: FROM: DATE: DEPARTMENTAL CORRESPONDENCE Mayor Jordan City Council Blake Pennington, Assistant City July 8, 2022 Kit Williams City Attorney Blake Pennington Assistant City Attornrt, Jodi Batker Paralegal Attorne RE: Prohibit the Sale of Puppy Mill and Commercial Breeding Facility Dogs and Cats Fayetteville's largest and long-established pet supply stores, Petco and Petsmart, operate pursuant to corporate mandates prohibiting the sale of dogs and cats but they both assist the Fayetteville Animal Shelter and rescue organizations by sponsoring adoption events and delivering animals to adopting owners. The proposed amendment to the City's Sale of Diseased Animals ordinance is within the City's statutory authority to prevent cruelty to animals. Our office has included an emergency clause in the event the City Council would like the amendment to take effect immediately upon passage of the ordinance. CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 19, 2022 TO: Mayor and City Council THRU: Holly Hertzberg, Council Member Ward 4 Sarah Bunch, Council Member Ward 3 FROM: Justine Lentz, Animal Services Superintendent DATE: July 8, 2022 CITY COUNCIL MEMO SUBJECT: Amending 92.04 Sale of Diseased Animals; Kennel and Pet Shop Regulation RECOMMENDATION: City Council members Sarah Bunch and Holly Hertzberg, joined by city staff, recommend amending the current 92.04 Sale of Diseased Animals; Kennel and Pet Shop Regulation to prohibit the retail sale of dogs, cats, puppies and kittens unless obtained from and in cooperation with the Fayetteville Animal Shelter or another animal rescue organization. BACKGROUND: The Animal Services Advisory Board members researched, discussed and voted in favor of Animal Services staff bringing forward a change to the current pet sales ordinance to not allow commercial pet sales of dogs and cats. DISCUSSION: In 2019 the city of Rogers received a lot of negative media attention for allowing a Petland franchise to open at the Pinnacle Hills Promenade. Petland is a privately -owned operator and franchisor of pet stores. They are the only national pet store chain in the United States that still sells puppies and is the largest retailer of puppy mill dogs. Since the store has opened, it has also been garnering a lot of negative attention from customers who have purchased sick puppies with a wide variety of health issues from severe worms to parvo. There is an active social media group that holds regular protests against the store and there have been multiple negative local news stories. The main issue is that the puppies sold in these pet stores come from puppy mills. A puppy mill is an inhumane, commercial dog breeding facility in which the health of the dogs is disregarded in order to maintain a low overhead and maximize profits. There is very little oversight and the conditions are deplorable. When the topic was brought up at the Animal Services Advisory Board, the board recommended that staff look into our existing Fayetteville city ordinances to see if we could change the current ordinance to not allow commercial retail sales of dogs and cats unless the pets come from a municipal shelter or 501 (c) (3) animal rescue. There are many states and cities that have recently made these changes to their laws with very favorable public opinion. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Our two biggest pet supply retailers, Petco and Petsmart, have corporate mandates against the sale of dogs and cats and no other pet supply stores sell dogs or cats. They do work with local rescues/shelters and have pet adoptions at both locations. Elizabeth Oreck is the Puppy Mill Initiative director of Best Friends Society, a national non-profit that works to protect animals. Best Friends has worked in 26 other states that have enacted retail pet store bans in over 350 cities. She said that no one has ever even filed a suit in a community where passing such an ordinance didn't displace/affect any currently opened businesses. And further, only a handful of suits have been filed in communities that already had retail pet stores and none of those have been successful. Although we cannot regulate outside of our jurisdiction, we do have the power to take a stand on the end product from puppy mills and reduce the overall demand for the "product." BUDGET/STAFF IMPACT: n/a Attachments: Local media coverage https://www. nwahomepage.com/news/knwa/petland-ropers-causing-controversy/ https://www.nwahomepage.com/news/a-closer-look/a-closer-look-animal-control-discourages- buying-puppies-from-pet-store/ https://www.uatray.com/opinion/article bf1fa51e-47de-11ea-b244-2b2578167290.html s://www. kark.com/news/local-news/dozens-of-demonstrators-protest-local-Detland/ Current FB group with over 3k members protesting the Roger's Petland store and full of negative occurrences httDS://www.facebook.com/arouDs/810498439367471/ Humane Society of the United States undercover investigation https://www.humanesociety.org/sites/default/files/docs/2008-investigation-report-petland.pdf Current Fayetteville city ordinance: https://library.municode.com/ar/faVetteviIle/codes/code of ordinances?nodeld=CD ORD TITIX GERE CH92AN ARTIGEPR 92.04SADIANKEPESHRE Comprehensive list of other states and cities with bans on retail pet sales of dogs and cats, as well as their law/ordinance language: https://resources.bestfriends.org/article/states-retail-pet-sale-bans 7/8/22, 10:54 AM Petland Rogers causing controversy i KNWA FOX24 WEATHER ALERT' 1 MORE ALERTS Excessive Heat Warning: Crawford County, Franklin County, McDonald County, Sebastian County, Sequoyah County 91, WNW k Pethand Rogers causing controversy by: (Lauren Yraltau Posted: Jul 14, 2019 / 11:07 PM CDT Updated: Jul 15, 2019 / 10:35 AM CDT SHARE %F & https://www.nwahomepage.com/knwa/petland-rogers-causing-controversy/ 1/12 7/8/22, 10:54 AM Petland Rogers causing controversy I KNWA FOX24 ROGERS, Ark. (KNWA) — A pet retailer opening soon in Northwest Arkansas is causing some controversy. According to the Rogers -Lowe I[ Area Chamber of Commerce, Petland Rogers is coming soon to the Promenade. Several people took to Facebook sharing their concerns and frustrations over the welfare of the animals that will be up for sale. ADVERTISING A local veterinary technician said Petland coming to the area is very upsetting especially with people not doing research before getting a breed dog. "It makes me mad because like I said most of the public does not know what to look for in a puppy or a breeder so they think getting it from a pet store is a safe place to get it from when it is not," Vet Tech Janet Starling said. Petland claims they do not source from puppy mills and obtain puppies from United States Department of Agriculture (USDA) licenses and inspected breeders with clean records. However, a report from the Humane Society of the United States in 2009 revealed that almost every Petland store in the country is buying puppies from people who deal with puppy mills and some are continuing to buy directly from puppy mills. Others who disagree with Starling took to Facebook, "Not all breeding is evil and people need to check things out before rushing to judgment." KNWA News reached out to Petland Rogers for a comment but didn't hear back by the time this post. https://www.nwahomepage.com/knwa/petland-rogers-causing-controversy/ 2/12 7/8/22, 10:55 AM A CLOSER LOOK: Animal Control discourages buying puppies from pet store I KNWA FOX24 WEATHER ALERT ' 1 MORE ALERTS Excessive Heat Warning: Crawford County, Franklin County, McDonald County, Sebastian County, Sequoyah County as A CLOSER LOOK: Animal Control discourages buViog puppies from pet store bv: I- icham Raaghe Posted: Sul I.5, 2019 / 05::39 PM CDT Updated: Jul 15, 2019 j 06:12 PM CDT SHARE 0 V P ... https://www.nwahomepage-com/news/a-closer-look/a-closer-look-animal-control-discourages-buying-puppies-from-pet-store/ 1 /14 7/8/22, 10:55 AM A CLOSER LOOK: Animal Control discourages buying puppies from pet store I KNWA FOX24 "We don't need a store that sells puppies," said Cpl. Lori Hodges, Washington County's animal control supervisor. "The puppies, like the ones at the pet store in Rogers, people think, `Oh, they're so cute,' but people don't realize where [the puppies] are coming from." Petland Rogers will soon open up at the Pinnacle Hills Promenade in Rogers. ADVERTISING Petland has come under some fire on Facebook by people concerned about where the company acquires their puppies from. Petland has claimed in the past that the puppies they sell are purchased from United States Department of Agriculture -licensed breeders. However, a Humane Society of the United States report states almost every Petland store in the country either buys puppies directly from puppy mills or from people who deal with puppy mills. "America's largest chain of puppy -selling pet stores, Petland Inc., is also the nation's largest retail supporter of puppy mills," The Humane Society's investigation summary states. The Humane Society's blog described a wide array of deficiencies in how Petland cares forthe puppies they sell. The blog reported numerous instances of puppies being sick at Petland stores. Petland representatives issued a statement regarding the Humane Society's report on Petland practices. Here is a part of what they said: https://www.nwahomepage.com/news/a-closer-look/a-closer-look-animal-control-discourages-buying-puppies-from-pet-store/ 2/14 7/8/22, 10:55 AM A CLOSER LOOK: Animal Control discourages buying puppies from pet store I KNWA FOX24 animals that could be helped if they spent just a quarter of the energy and money they use targeting regulated sources of pets and instead, focused on true animal welfare." Hodges said while licensed breeders are more legitimate than puppy mills, acquiring pets from either is problematic. "A puppy mill is basically a slang word for what we call breeders," Hodges said. "There are two types of breeders. You have breeders who go through a broker who sells to pet stores and then you have breeders who just breed because they can." Hodges shut down a puppy mill located in the area where Lincoln city limits meets Washington County in early 2018. The woman who ran the puppy mill was arrested on dozens of animal cruelty counts. "She was a puppy mill back yard breeder," Hodges said. "She didn't use a broker. She didn't vaccinate her dogs. She did not care if the dogs were sick or unhealthy. She was the typical puppy mill breeder who did it for whatever money she could get off the pups." Hodges searched the puppy mill and found around 76 puppies — Yorkshire Terriers and other small breeds — living in miserable conditions. She also found the remains of what was determined to be eight dead dogs. RELATED CONTENT Petland Rogers causing controversy "The ones inside were in crates that were very small. The house smelled horrific. There were maggots in their food. There was [feces] and [urine] in their water. [Their cages] were stacked on top of each other. The dogs on top would [urinate] and [defecate] on the dogs beneath them," Hodges said. More legitimate breeders breed puppies and sell them to brokers. Brokers sell the puppies to pet stores such as Petland. "The ones who use a broker are inspected by the USDA, because brokers don't want dogs that come https://www.nwahomepage.com/news/a-closer-lookla-closer-look-animal-control-discourages-buying-puppies-from-pet-store/ 3/14 7/8/22, 10:55 AM A CLOSER LOOK: Animal Control discourages buying puppies from pet store I KNWA FOX24 The first legitimate breeder Hodges met in Washington County had 450 dogs. She said the breeders were a husband and wife team who employed a couple of workers. The kennels were kept clean, all the dogs were vaccinated and measures were taken to prevent the puppies and their mothers from contracting diseases. "I'm not an advocate for puppy mills. I'm not an advocate for breeders, especially when you have that many dogs. But I inspected it on several occasions and they were not breaking any laws," Hodges said. Puppies bred by legitimate breeders do not suffer in miserable conditions, but many of them are killed, though humanely, because they're not profitable, according to Hodges. Breeders show litters of puppies to brokers. The brokers purchase the puppies they think they can sell to pet stores, Hodges said. "Those other [puppies in the litter] are automatically euthanized. The breeder doesn't need them for stock. Either way a dog is euthanized," Hodges said. Hodges said the puppies places like Petland sell come from breeders who treat puppies like for -profit products. "If a breeder has a dog that has health issues or something happens and they need to see a vet, they're not going to take them to a vet. They're going to euthanize them because it's cheaper to euthanize than to treat," Hodges said. While it's not illegal to breed dogs for profit in Arkansas, the state's laws are behind the times when it comes to animal treatment and business practices involving animals, Hodges said. "We don't need a store that sells puppies," Hodges said. "They're just advocating for the type of business that Arkansas needs to change." Hodges said she believes that community members looking to buy a puppy from a chain such as Petland should instead find a dog at their local humane society. "I don't see paying $600 to $1,200 to $1,500 for a dog when you can go to a shelter and find one for much less that needs a home," she said. https://www.nwahomepage.com/news/a-closer-look/a-closer-look-animal-control-discourages-buying-puppies-from-pet-store/ 4/14 7/8/22, 10:55 AM A CLOSER LOOK: Animal Control discourages buying puppies from pet store I KNWA FOX24 "We have full time puppy care technicians whose only job is to care for the puppies under the direction of our veterinarian while waiting their forever family. Please know we will Always visit our breeders and hold them to the highest standard. There is nothing more important than the health and happiness of all of our pets." Copyright 2022 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. AROUND THE WEB Arkansas Will Cover Homeowner Cost to Install Solar and Battery Backup if You Liv Sunnyside 4 Do You Know What Plaque Psoriasis Is? (Take a Look) Sinart Lifestyle Trends Born Before 1983? Claim This Benefit Before It's Gone MoneyGurus tw- Easily Missed Signs of Plaque Psoriasis Search Plaque Psoriasis 0 The Secret Revealed: Why All Hummingbirds Go To My Neighbor's Garden Hummingbird Feeder 20 of the Coolest Defunct Auto Manufacturers Brake For It https://www.nwahomepage.com/news/a-closer-look/a-closer-look-animal-control-discourages-buying-puppies-from-pet-store/ 5/14 7/8/22. 10:56 AM Petland's Record of Animal Neglect has no Place in Northwest Arkansas I Opinion I uatray.com https://www.uatray.com/opinion/article.bf lfa5le-47de-llea-b244-2b2578167290.htmI Petland's Record of Animal Neglect has no Place in Northwest Arkansas Morgan Heflin // Staff Columnist // @meheflin Feb 5, 2020 tom 11,9j,7jo, r. ty. Rk y A* vs,klMup rTfi � t nx L R4r r fi��t11r°t15 ttW'. ASV witty CUORM, anrt-imekys�SBODON ,r*uti! CAII9RIUM 10rmrt 'UAA =wvyt Vb CUORR1'f '01`1[1010"Im�5v#Bm 1'4ly r. C6WRlW$j-t44WMro PR)t t!blkWT4f `tNt, ,rA cebt THE ARKANSAS NRAW+Spa" r4ble h e n�r� tLP6&fur- �fM1F'IW�f9.1)t�p TRAVELER ,itty CUR.6LENT FVFNT! After investigations proved several Petland stores across the nation were sites of animal neglect and abuse in recent years, there should not be a new location here in Northwest Arkansas. However, in July 2019, a Petland franchise opened at the Pinnacle Hills Promenade in Rogers, and last month, local residents took to the store to protest. On Dec. 22, 2019, with animal sales at a high for the holiday season, demonstrations were held outside the Rogers Petland store after allegations that the local Petland was selling sick, unfit puppies. On the surface, Petland is similar to other pet supply chains already in the area. The store sells everything expected from a pet supply chain: kibble, leashes, aquariums and small pets like hamsters and parakeets. But in recent years, Petland stores have received negative attention for keeping and selling sick puppies. After a visitor to the Frisco, Texas, Petland store shared a picture of an underweight boxer puppy on Facebook in 2018, backroom investigations in both 2018 and 2019 uncovered other crimes worse malnourishment. https://www.uatray.com/opinion/article_bfl fa51 e-47de-11 ea-b244-2b2578167290. html 1 /3 7/8/22, 10:56 AM Petland's Record of Animal Neglect has no Place in Northwest Arkansas I Opinion I uatray.com This wasn't Petland's first media controversy, either. The company has consistently made the news since 2009, when multiple investigations by the Humane Society confirmed that the puppies sold in Petland stores were largely sourced from puppy mills. Although puppy mills manage to operate legally in the U.S., most facilities keep dogs in nearly unlivable conditions. Adult dogs are forced to breed until they die without adequate food, water or even shelter for themselves or their puppies, according to the USDA. Tiffanies, a Missouri puppy mill and Petland supplier, was responsible for the death of 35 puppies in a six- month span lin 2019, according to a citation from the U.S. Department of Agriculture. A franchise of the national pet supply chain Petland, pictured Jan. 20, opened in Rogers this summer. The chain has been the center of much controversy regarding the wellbeing of its animals. Katherine Holitik // Staff Photographer In 2018, a Petland store in Tyler, Texas, placed a healthy, recently arrived shih tzu in an isolation crate for sick puppies when there was no room left in the store's display kennels. It seems to be common practice for unwell - looking dogs to be placed in areas away from customers' view, injected with saline solution as "hydration" or force- fed drug concoctions as a substitute for veterinary care, according to an ABC report. What sets Petland apart from other local pet supply retailers, like Petsmart or Petco, is the sale of puppies. Held in glass -walled, tank -like enclosures, Petland sells a variety of puppy breeds, from Pomskys to Basset Hounds. Petland's competitors do not sell puppies. Petco, for example, partners with rescue programs and sees the sale of puppies as unethical, according to their website. ti i? ♦ t �.► � 4 Puppies at Petland sleep Jan. 20. Katherine Holitik // Staff Photographer After a multi -state outbreak of Campylobacter, a drug -resistant infection linked to contact with pet store puppies, was traced back to Petland in January of last year, it wouldn't be unusual for more of the national chain's dogs than usual to be leaving the store sick, according to the CDC. Petland poses a threat to lives beyond the animals in their stores. When contracted by children or the elderly, Campylobacter can turn deadly. https://www.uatray.com/opinion/article—bflfa5l e-47de-11 ea-b244-2b2578167290. html 2/3 7/8/22, 10:56 AM Petland's Record of Animal Neglect has no Place in Northwest Arkansas I Opinion I uatray.com The outbreak was speculated to be a result of the constant presence of feces in the puppies' enclosures at Petland and led to 23 hospitalizations across 17 states. 2018 and 2019 investigations by the USDA revealed that not only does nearly every puppy arriving at Petland from a puppy mill suffer from health issues, the stores consistently refuse veterinary care for their animals until they are on the brink of death. The only reason a Petland puppy sees a vet is to be euthanized, and not every one of their neglected puppies is fortunate enough to go out that way. https://www.uatray.com/opinion/article_bfl fa51 e-47de-11 ea-b244-2b2578167290. html 3/3 7/8/22, 11:00 AM Dozens of demonstrators protest local Petland i KARK WEATHER ALERT 1 MORE ALERTS Excessive Heat Warning: Arkansas County, Ashley County, Baxter County, Chicot County, Clay County, Conway County, Craighead County, Crawford County, ... M LOCAL NEWS Dozens of demonstrators protest local Petland Posted: Dec 22, 2019 / 12:55 PM CST Updated: Dec 22, 2019 / 12:55 PM CST SHARE V & ••• ROGERS, Ark. (KNWA) — About 40 people participated in a peaceful protest against Petland in Rogers. The demonstrators stood outside the Pinnacle Hills Promenade Saturday afternoon. They held signs that read "adopt don't shop" and " Petland stop selling sick dogs from puppy mills." https://www.kark.com/news/iocal-news/dozens-of-demonstrators-protest-local-petland/ 1 /11 7/8/22, 11:00 AM Dozens of demonstrators protest local Petland I KARK Paige Quilan said she decided to hold the protest after hearing allegations on social media that pets sold from Petland were going to their new homes sick. She said she wants the retailer to take more responsibility in caring for the animals they have. "Most dogs have parasites or pneumonia and they aren't making enough changes to prevent these health problems and so many of them have it." Samatha Boyle is the owner of Petland in Rogers. She said their animals are current on vaccinations, have exercise schedules and have constant human interaction. She said they only work with breeders licensed by the United States Department of Agriculture and State Department of health agencies and hold them to the highest standards. "We do a really good job at sending home happy healthy puppies. I do not have outstanding claims at this time but I would encourage those customers to give me a call if they have any issues." Animals purchased at Petland are under warranty and in the event that it experiences some sort of health problem Boyle said Petland staff would step in to guide the owner on proper care. Copyright 2022 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. AROUND THE WEB rt-ril.r.r� k<__ Tim Born Before 1983? Claim This Benefit Before It's Gone MoneyGurus Arkansas: Say Bye to Your Car Insurance if You Live in These Zip Codes Smart Lifestyle Trends L449 Arkansas Launches No out of Pocket Cost Solar Program Sunnyside https://www.kark.com/news/local-news/dozens-of-demonstrators-protest-local-petland/ 2/11 2022 Pet Store Industry Trends & Leader Quotes When faced with legislation that would prohibit pet stores from selling commercially raised puppies and kittens, puppy -selling pet store owners and lobbyists argue the policy would put them out of business. Yet, their own industry repeatedly points to the fact that a products and services model is the ` key to pet retail success.' �.. A y According to the American Pet Products Association: � `�� F b 0 D • Americans spent $123 billion on their pets in 2021 with pet food, products, and services dominating. • Dog and cat sales were not tracked for the third year in a row because they are a "relatively small contributor to overall sales" and are "typically obtained outside of the retail pet channel." "The numbers don't lie: The pet industry has shown itself to be incredibly strong and resilient with a record -breaking two years... We expect continued growth." According to Per Business Magazine, of the top 30 pet retailers in North America only one (Petland) sells puppies. "Despite an ongoing pandemic, turbulent economy, supply chain disruptions, and increasing competition" many on the list achieved "impressive growth over the past year." In fact, more than half of the top retailers expanded in 2021. According to Morgan Stanley, the pet industry is "poised to nearly triple to $275 billion by 2030 thanks to a surge in new owners, favorable demographics and increased per -pet spending." Pet owners, especially younger ones, are spending incrementally more on pet products and services and that growth will likely continue. According to the World Pet Association, in 2019 pet stores that only sold dry goods reported more total revenue per square foot ($403) than those that sold animals ($246). a o a Woof Gang Bakery & Grooming, the 8th largest pet store chain, added 18 new locations in 104, 2021. On the sale of puppies, they have said: The Woof Gang Bakery company adamantly opposes the archaic and abhorrent practice of puppy mill breeding and selling puppy mill dogs. Good pet stores do not sell puppies and responsible pet breeders do not sell to stores. Pet Food Express, the 16th largest pet store chain, focuses on "products that meet rigorous quality standards" and "the very best customer service" and proudly partners shelters and rescues to adopt out homeless pets. In a letter to support California legislation to prohibit the sale of commercially raised puppies in pet stores, the owners wrote: We support AB 485 because we want to see all pet stores operate responsibly. Not only is it the right thing to do, but it's the key to a successful business. PetSmart and PetCo, the two largest chains, have never sold dogs or cats. Instead, both offer a wide range of products and services and partner with thousands of animal welfare organizations across the nation to showcase adoptable pets. This not only saves lives, but also increases profits for the stores, as adoption event days are often their busiest and most profitable with adopters buying everything they need for their new pet, often spending 5 times more than the average shopper and becoming a loyal customer. �* V THE HUMANE SOCIETY ��• OF THE UNITED STATES HUMANE PET STORE ORDINANCE Background: Selling commercially raised puppies and kittens in pet store raises serious animal welfare and consumer protection issues. By prohibiting pet stores from selling commercially raised dogs and cats but allowing them to partner with shelters and rescues to host adoption events and sell products and services, lawmakers can protect consumers and promote humane businesses. Over 400 localities across 31 states and five states have already enacted this policy. A humane pet store ordinance will reduce the demand for puppy mill puppies. • Pet stores can only fill their cages everyday with dozens of 8-week-old puppies of varying breeds by sourcing from large-scale commercial breeders that place profit over the wellbeing of their dogs. • Public records show the vast majority of puppy -selling pet stores source the majority of their puppies from large scale commercial breeders and brokers, many with egregious animal welfare records. Responsible breeders never sell to pet stores because they demand to meet prospective buyers in person and their breed clubs' codes of ethics do not allow it. A humane pet store ordinance will protect puppies from the puppy mill -pet store pipeline. Pet store puppies are born into cruel and unsanitary conditions, taken from their mothers at just 7-8 weeks old, crammed into cages and trucked across the country in close proximity to other stressed and sick puppies, and then placed in pet store cages to be handled by inexperienced staff and consumers. 0 Overcrowding, filthy conditions, and lack of basic veterinary oversight at commercial breeding facilities and during transport lead to many health issues once puppies reach pet stores. According to the CDC, 95% of pet store puppies have been pumped with antibiotics. Neither the USDA nor any state agency adequately protect breeding dogs or puppies, and USDA license does not mean a facility is not a puppy mill. A humane pet store ordinance will protect consumers from a wide range of problems. • Pet stores charge premium prices for puppies by promising consumers the puppies are from quality breeders, yet if consumers could see the conditions the puppies were born into and transported in, they would overwhelmingly refuse to support that cruelty. • Pet store puppies are often sick, costing consumers hundreds or thousands of dollars in veterinary bills, and sometimes leaving them with the heartbreak of having a new pet die or having to relinquish them. • Contact with pet store puppies has led to an antibiotic -resistant disease outbreak that sickened over 100 Americans and led one CDC official to state that "it is difficult to control a whole system that lacks hygiene at many points and seems to use antibiotics instead." • When consumers balk at the price of puppies, sales staff offer third party financing with low interest rates. Yet, pet store customers have unknowingly ended up with interest rates as high as 188%. A humane pet store ordinance supports responsible pet businesses and pet acquisition. ■ The massive retail pet industry ($103 billion and counting) is dominated by the sale of pet products and services, with dog and cat sales not even tracked anymore after steadily declining for years. • Stores that have sold puppies in the past are now thriving with a products and services model, with some adding high demand services like grooming, training, or daycare. • Residents will still be able to obtain the pet of their choice by adopting from a local shelter or rescue or seeking out a responsible breeder who sells directly to the public. 'V THE HUMANE SOCIETY OF THE UNITED STATES THE HUMANE SOCIETY Petland Investigation Report OF THE UNITED STATES INVESTIGATION SUMMARY America's largest chain of puppy -selling pet stores, Petland Inc., is also the nation's largest retail supporter of puppy mills. There are more than 200 Petland stores worldwide, with about 140 in the U.S. Collectively, these stores sell tens of thousands of puppies each year. On November 20, 2008 The Humane Society of the United States (The HSUS) revealed the results of a shocking eight -month investigation of Petland stores. The investigation reveals that Petland stores across the country have marketed puppy -mill puppies to unsuspecting consumers. About the investigation: • HSUS investigators documented the sources of puppies sold to 76 different Petland stores. They visited 21 of the stores, including stores in Florida, Indiana, Minnesota, Nevada, and Ohio. • HSUS investigators visited 35 breeders and brokers (re -sellers) linked to Petland stores, including breeders in Kansas, Oklahoma, Minnesota, and Missouri. • Investigators researched health certificate import records of 322 breeders and brokers and almost 17,000 individual puppies linked to Petland stores. a Investigators reviewed more than 100 state and federal inspection reports of breeders and brokers linked to Petland stores. INVESTIGATION RESULTS The investigation revealed that: ■ Despite assurances by staff at Petland stores visited by The HSUS and on Petland's corporate website that the company knows its breeders and deals only with those who have "the highest standards of pet care," many of the puppies sold at Petland stores come from massive commercial breeders in Missouri and other Midwestern puppy -mill states, where hundreds of breeding dogs are packed into cramped, barren cages. • When HSUS investigators visited 35 of the large-scale breeding operations linked to Petland stores, they witnessed puppy mills — places where puppies are factory farmed in large numbers. At many of the facilities, investigators saw appalling conditions: puppies living in filthy, barren cages reeking of urine, with inadequate care and socialization. • Many of the puppies for sale at stores visited by The HSUS were not even supplied directly by breeders, but were purchased from a "middle man" — large-scale "pet distributors," otherwise known as brokers. The investigation revealed that many of Petland's brokers also buy from puppy mills. ■ Some of Petland's puppies were ordered online using a pet auction website called the Pet Board of Trade (PBT), demonstrating that many Petland stores are not screening breeders as the Petland corporate website claims — in fact, in some cases they may not even know the breeder's name until after the purchase is complete. C The Humane Society of the United States, November 2008 1 1 P a g e t Y THE HUMANE SOCIETY Petland Investigation Report OF THE UNITED STATES • One of the most common sales pitches made by staff at Petland stores visited by The HSUS is that they use "USDA licensed" breeders. However, HSUS investigators reviewed USDA and state inspection reports for more than 100 of Petland's breeders, and found that more than 60 percent of the reports listed serious violations of basic animal care regulations. It is clear that Petland isn't reviewing these publicly -available records to ensure that their breeders employ "the highest standards of pet care." • Documented USDA violations at some of Petland's breeders and suppliers included: dirty, broken- down enclosures; inadequate shelter from the cold; dogs kept in too -small cages; and inadequate veterinary care. Some of the breeders were found with sick or dead dogs left in their cages. The investigation also uncovered dubious aspects of Petland's "Adopt -a -Pet" program, proving that many of their "Adopt -a -Pet" animals are actually Petland's own puppies who did not sell at full price. During the investigation, The HSUS called all 133 Petland stores operating at that time in the U.S. We asked each store if they participated in the "Adopt -A -Pet" program — and if so, where the adoptable dogs come from. Fifty-six of the stores said they didn't participate in the Adopt -a -Pet program at all, 23 stores said they offered cut-rate "adoption" prices on older puppies that had not sold yet, 16 said they offered puppies for adoption when the animals were returned by previous customers, and 7 stores said they wanted to offer homeless dogs for adoption but they couldn't get a supply of pups from local shelters. PETLAND BACKGROUND Petland is a privately held corporation with a corporate headquarters in Chillicothe, Ohio. The business was started in by Edward R. Kunzelman (now the current CEO) in 1967. In the 1970s, Petland began franchising stores. Today more than 90% of Petland stores are franchised. Petland corporate -owned stores are located in: Amherst, Chillicothe, Cincinnati/Fairfield, Hilliard, Cleveland Heights, Lewis Center, and Columbus Town & Country, all in Ohio. Currently there are 200 Petland stores open worldwide, though this number changes frequently as stores shut down and others open. Up-to-date information can be found at: http://www.pettand.com/ (click on "Find Petland Stores"). During the investigation, the Petland chain (as of 10-9-2008) included 137 U.S. stores in 29 states: AL: 1 LA: 1 NV: 3 WV: 3 AZ: 2 ME: 1 NY: 1 CA: 1 MI: 4 OH: 28 FL: 21 MN: 2 PA: S GA: 9 MO: 4 SC: 1 IA: 2 MS: 1 TN: 1 © The Humane Society of the United States, November 2008 2 1 P a g e `. THE HUMANE SOCIETY Petland Investigation Report OF THE UNITED STATES IL: 16 NC: 1 TX: 12 IN: 3 NE: 1 VA: 3 KS: 3 NH: 1 WA: 1 KY: 1 NM: 1 WI: 3 The HSUS investigated only Petland puppies bought and sold in the U.S. During the time of the investigation, Petland had 43 stores outside of the U.S: Canada: 31 Chile: 4 Japan: 5 South Africa: 2 China: 1 PETLAND "ADOPT -A -PET" INVESTIGATION The Petland website states the following about the "Adopt -A -Pet" program: What is Adopt -A -Pet? Petland Pet Counselors work with staff at local animal shelters, pet rescue groups and with members of the local community to place homeless pets - puppies, dogs, kittens, cats and a variety of small animals. As part of this cooperative program, Petland store operators make available their highly visible Petland display windows to aid in the placement of homeless pets in local communities. To determine how and where Petland gets dogs for its "Adopt —A-Pet" program, HSUS investigators called every U.S. Petland store (those open for business on 9-10-2008) and asked whether the store participates. If we were told the store does participate, we asked where the "Adopt -A -Pet" dogs come from. Of 133 stores, 56 (42%) stated they do not participate in the program at all. Many stores who said they do have adoptable dogs told us their "Ado pt-A-Pets" come from a combination of sources. For example, the Tampa North store told us it occasionally sells pups from accidental litters that are brought in, and that occasionally they will get a dog from a local shelter or sell dogs given to them by people in the local community. The breakdown of responses is as follows, and again, some stores listed more than one source for "Adopt —A-Pet" dogs: 0 56 stores: do not participate at all 0 23 stores: older pups that don't sell within a few weeks are marked down in price and considered "adoptions" • 25 stores: local litters, sometimes accidental, brought in from the local community 0 16 stores: returns to store — pups given back to the store where purchased and sold again • 24 stores: give -ups to Petland rather than shelter — dogs brought in by local people © The Humane Society of the United States, November 2008 3 1 P a g e ! 'y'Ag I> THE HUMANE SOCIETY Petland Investigation Report OF THE UNITED STATES • 7 stores: local shelter declined to work with Petland store —the store says it tried, but local shelters don't want to give them dogs. [Note: Some shelters have declined to work with Petland because they feel that Petland's practices conflict with their mission of reducing pet overpopulation and that the public can still visit their shelter to adopt the animals.] • 25 stores: say they do acquire dogs from local shelter(s) or rescue • 10 stores: say they do occasionally refer customers to local shelter/rescue KENNEL INSPECTION REPORTS HSUS investigators reviewed USDA and/or state kennel inspection reports on over 100 of Petland's breeders, and found that more than 60 percent of the reports listed serious violations of basic animal care regulations. Many USDA licensed breeders exhibit a long history of substandard care and yet remain licensed. It is clear that Petland isn't reviewing these publicly -available records to ensure that their breeders employ "the highest standards of pet care." USDA inspectors follow regulations outlined in the Animal Welfare Act. The specific regulations can be found on the USDA website at www.aphis.usda.gp . The most common problems noted on the USDA reports that The HSUS received are roughly in the following categories: • FILTH: accumulation of feces, grime, dirty, disease -fostering conditions ■ INCORRECT/NON-EXISTENT RECORDS: dog inventory incorrect, no written program of vet care, no certification for dogs bought from unlicensed sources • FACILITY DAMAGE: Rusting, broken, damaged, chewed, or sagging cages; or sharp, dangerous points in pens and cages • SICK/INJURED DOGS in need of vet care • LACK OF PROTECTION FROM THE ELEMENTS: Inadequate bedding or means of warmth, lack of shelter or shade ■ TOO -SMALL CAGES do not meet the USDA's formula for cage space ■ INSPECTOR HAD NO ACCESS; inspection not done because no one let the inspector in • PAWS THROUGH WIRE: wide wire flooring allowing paws to slip through wires in cage floor, creating an injury potential • EXPIRED VETERINARY MEDICATIONS ■ SHIPPING UNDERAGE PUPPIES: Underdeveloped immune systems are more vulnerable to disease (NOTE: puppies must be eight weeks of age before shipping) Many of the USDA reports acquired as part of the investigation are available for public viewing online at humanesociety.org/puppymills. © The Humane Society of the United States, November 2008 4 1 P a g e THE HUMANE SOCIETY Petland Investigation Report OF THE UNITED STATES CONCLUSIONS Petland stores investigated by The HSUS have been misleading customers about where their puppies come frnm. Petland claims it knows its breeders and deals only with those who have "the highest standards of pet care," and that they NEVER deal with puppy mills. Our investigation revealed that the stores investigated DO buy puppy mill puppies. That is why we are asking Petland to get out of the puppy mill support business and to stop selling puppies. The tales told by Petland are typical of pet store sales. The HSUS has heard similar claims from other pet stores across the U.S. The greatest victims are the breeding parents. Mother and father dogs will spend their lifetimes locked in cages, churning out puppies for pet store sales. Puppy mills sell their puppies through pet stores, fancy internet sites and even newspaper classified ads. Puppy buyers MUST go and visit where their puppy was born and see how the parents are treated before handing over any money. Puppy mills thrive because people buy the puppies. The dog loving, puppy -buying public has it in its power to stop puppy mills for good simply by making sure they never buy a puppy mill puppy. HOW YOU CAN HELP While most of the puppies from puppy mills are eventually sold through pet stores or over the Internet, the unseen victims are the mother and father dogs, who are forced to live their entire lives behind bars without hope of ever being part of a family or even seeing the outside of their cages. Here is how dog lovers can help: Call or write a letter to Petland expressing your concern about puppy mills and asking Petland to stop selling puppies. Petland Corporate Office 250 Riverside Street Chillicothe, Ohio 45601 (740)775-2464 www.petland.com • Consumers who purchased a puppy from Petland should contact The HSUS directly by filling out the Share Your Story form on our website, humanesocietv_.org/puppymills. • Never purchase a puppy from a pet store, over the Internet, or from anyone you haven't screened in person; consider adoption first. • Find out more about how you can take action at humanesociety.org/puppvmills. • For tips on finding a compassionate breeder, visit humanesociety.org/puppy. © The Humane Society of the United States, November 2008 5 1 P a g e DEPARTMENTAL CORRESPONDENCE , OFFICE OF THE CITY ATTORNEY Kit Williams TO: Mayor Jordan City Attorney City Council Blake Pennington Kara Paxton, City Clerk/Treasurer Assistant City Attorney lodi Batker CC: Susan Norton, Chief of Staff Paralegal Justine Lentz, Animal Services Manager FROM: Kit Williams, City Attorney DATE: July 19, 2022 RE: Ordinance to prohibit the retail sale of dogs and cats from pet stores I would like to propose a minor amendment to the proposed ordinance to prohibit the retail sale of dogs and cats from pet stores because these for -sale animals are often provided by puppy mills or kitten mills which should not be encouraged. I would suggest the following wording to better explain the regulation of pet stores and where permissible animals may be obtained for display. Some current pet stores already work with the Fayetteville Animal Shelter to display adoptable dogs and cats. I believe we should expand that to "a government animal shelter approved by Fayetteville Animal Services." Secondly, I believe it would also be an improvement if any nonprofit rescue organization that might wish to display their recited dogs and cats at a pet store also be preapproved by Fayetteville Animal Services to ensure it is a reputable animal rescue organization. My new language to substitute for §94.04 (C) would be as follows: "(C) It shall be unlawful for a pet shop to offer for sale or to display any dog, cat, puppy, or kitten unless obtained from and in cooperation with the Fayetteville Animal Shelter, a government or nonprofit animal shelter approved by Fayetteville Animal Services, or a nonprofit animal rescue organization approved by Fayetteville Animal Services. Every pet shop offering for sale or displaying any dog, cat, puppy, or kitten shall display a label stating the name and address of the organization supplying said animal on the animal's cage." If this new language is acceptable, please move to amend the ordinance's Section 1 to this language.