Fayetteville rescinds city’s pet store prohibition

FAYETTEVILLE — The Fayetteville City Council unanimously rescinded its ordinance banning retail sale of pets with little discussion Tuesday.

The move came after a recent change to state law that prohibits cities from adopting such a rule.

The council voted 8-0 in July to ban the retail sale of cats and dogs, unless from or in cooperation with the city’s animal shelter, another shelter or a nonprofit organization approved by the city’s Animal Services Division. It never went into effect, however, because a judge issued a temporary restraining order on the ordinance.

At the time of the original vote, Petland was weeks away from opening its store southeast of Joyce Boulevard and Mall Avenue.

Petland subsequently sued the city over the ordinance, leading Benton County Circuit Court Judge Doug Schrantz to issue the restraining order while the proceedings play out in court.

Animal Services staff and members of the public told the council in July that pet stores selling animals, rather than putting them up for adoption, often get them from mass breeding facilities, commonly known as “puppy mills.” Although mass breeders can be licensed by the U.S. Department of Agriculture, they go largely unchecked, and animals are kept in deplorable conditions, the council heard.

The Petland lawsuit has a Jan. 17 trial date scheduled. Petland has argued its civil rights were violated by the city’s adoption of the ordinance.

The ordinance will be rewritten to say a pet store can only sell pets if the animals were acquired from a federally regulated facility and in compliance with state law. A retail pet store could still display adoptable shelter animals if it wants, Williams said.

Act 730, originally House Bill 1591 sponsored by state Rep. David Ray, R-Maumelle, prohibits cities from regulating pet stores acquiring or selling animals from kennels, catteries or dealers licensed by the Agriculture Department. Its intent is to clarify the applicability of the Arkansas Retail Pet Store Act of 1991.

Council member Sonia Harvey said she hoped the city would continue to advocate for the health and safety of animals in whatever capacity it can moving forward.

“I’m sorry it’s all getting undone so quickly,” she said. “At the end of the day, it’s about the welfare of the animals. That’s really what we care about.”