An ordinance prohibiting sales of dogs or cats by retail pet stores in Valparaiso unanimously passed a first reading by the Valparaiso City Council Feb. 13, with the second reading and final vote scheduled for the Feb. 27.
Pending state legislation countering the intent of the city ordinance, however, could render any ban moot.
“Earlier this year, a business selling puppies opened in Valparaiso named The Puppy Emporium, raising some concerns by the public primarily about the concept of selling puppies,” said Valparaiso City Attorney Patrick Lyp, explaining the origin of the drafted ordinance.
“I know some of you on the council had the opportunity to meet with the owners of the business, and I’ve had interaction with them too and there hasn’t been anything negative necessarily associated with that particular business operation. The owner was not willing to supply us with the names of the breeders who supply the puppies, and I want to make it clear there was no obligation for them to do that.”
Lyp said he was directed by the council to draft an ordinance to address potential concerns about future pet stores “to look prospectively at any such future type of businesses wishing to come to our community.”
Lyp emphasized The Puppy Emporium, 1101 Calumet Ave. in Valparaiso would be exempt from the ordinance, “essentially grandfathered in,” as would animal shelters and animal rescue organizations.
When reached for comment, the owners of The Puppy Emporium referred all question to their attorney who did not respond.
The council also discussed what impact any pending legislation in Indianapolis might have to negate the proposed ordinance if it passes with council approval later this month.
“There are two pieces of legislation pending in the statehouse, which would strip local cities and towns of the ability to regulate the sale of cats and dogs in the community,” Lyp said.
“I don’t know where (in the process) those pieces of legislation are right now, and even if I did, we never know two or three weeks from now that they have possibility of passing. So I recommend you adopt this ordinance, if that’s what the council would like to do, and we will continue to monitor what’s happening with these state bills.”
Lyp said he worked closely with Samantha Chapman, state director of the Humane Society of Indiana, to draft the council ordinance.
“Our surrounding communities have comparable ordinances, including Highland, Munster and Crown Point as examples, and they, as well as Samantha served as great resources when creating this ordinance,” Lyp said.
Senate Bill 134, which passed the Senate on Monday, would grandfather in communities that banned the sale of dogs from puppy mills prior to Jan. 1, but any future bans would be prohibited.
More than a decade ago, Valparaiso Pet and Hobby Store, a longtime downtown business for more than 40 years, closed after the owners retired. In later years, those owners concentrated on sales of smaller animals like birds, fish and reptiles and well as pet food and supplies.
“I’m not saying I desire a proliferation of this type of business (pet stores),” explained Valparaiso City Councilman Robert Cotton, weighing the need for the ordinance.
“But I also do not want to impugn or to witch hunt things in a capitalist free market society that might bother me personally.”
Phil Potempa is a freelance reporter for the Post-Tribune.
