CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Conduct the First Reading of the Ordinance Amending Chapter 4 (Animal Control) of Title 10 (Police Regulations)
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DEPARTMENT: Legal Department
SUBMITTED BY: Kristen Foley, Senior Assistant City Attorney
BACKGROUND: At the August 15, 2017 City Council meeting under New Business, Councilman Coyne, with the consensus of Council, directed staff to propose an ordinance for the protection of companion animals, considering the recent state legislation on sourcing of pets for pet stores, recent caselaw involving pet stores, and other similar suburban ordinances.
The City has been monitoring issues surrounding the sale of animals in pet stores sourced from commercial breeders since June of 2014 when numerous people spoke in Public Forum urging Council to ban the sale of puppies sourced from commercial breeders. Currently two pet stores, Happiness is Pets and Petland, source their animals from commercial breeders. At that time, due to several legal challenges to ordinances in Illinois restricting pet stores from selling puppies sourced from commercial breeders, and proposed legislation creating further restrictions on pet stores, it was recommended that Council take no action.
Legal Challenges
The last legal challenge was resolved on September 21, 2017, when the 7th Circuit Court of Appeals affirmed the dismissal of the challenge to the City of Chicago ordinance requiring pet stores obtain animals for sale from shelters and rescue organizations. The lawsuit challenging a similar Cook County ordinance was dismissed on appeal in 2015 when the City of Arlington Heights opted out of the Cook County ordinance and specifically allowed pet stores to sell puppies from breeders.
New Legislation
Just recently, the Illinois Animal Welfare Act, was amended to prohibit pet shop operators from obtaining dogs and cats from commercial breeders (5 or more breeding dogs) who have been issued citations or violations b...
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