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Puppy mill ordinances still intact after Indiana statehouse bills fail to move forward

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The 16 Indiana municipalities that prohibit so-called “puppy mills” from supplying dogs and cats to pet stores are breathing a sigh of relief after two bills — Senate Bill 134 and House Bill 1121 — won’t be moving forward to become law.

HB 1121, which was authored by State Rep. Michael Aylesworth, R-Hebron, would have blocked municipalities from banning the retail sale of dogs. Aylesworth told the Indiana Capital Chronicle that there were concerns about enforcing oversight, among other issues.

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The Post-Tribune contacted Aylesworth’s spokesperson for comment but none was offered.

Crown Point City Councilwoman Dawn Stokes, D-2nd, who testified in Indianapolis in opposition to the legislation, announced at an April 3 City Council meeting that communities like Crown Point would have been be grandfathered in. Stokes had joined in the Humane Society’s stance against the bill during a hearing in Indianapolis.

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“I am not an activist and not someone that knows all the ins and outs of dog breeding, but I was down there (in Indianapolis) not just for my love of dogs but because I don’t believe the state should be deciding what we can and cannot have in our communities,” she said.

Pet stores selling from disreputable breeders have not been a problem in Crown Point, Stokes said, believing the 2021 ordinance she sponsored headed off any potential issues. While there are many reputable breeders, some operate in cramped and unsanitary conditions, she explained. And although the animals may be pure-bred dogs and bring a hefty price, they can be overbred, experiencing medical and behavioral issues.

A national pet store chain lobbied state legislators to bar communities from passing humane pet shop ordinances, according to Stokes, but she believes it is no longer operating in Northwest Indiana.

“Our ordinance does nothing that affects legitimate breeders,” Stokes said. “But I have a problem with the way puppy mills treat the animals.”

The Valparaiso City Council unanimously passed a puppy mill ordinance on Feb. 27, despite concerns about the pending bills downstate.

Samantha Morton, Indiana State Director for the Humane Society of the United States, said that pet store lobbyists have been shopping around similar legislation in other states, including Missouri, Kansas, Arkansas, Florida and Texas. The potential legislation would have constituted an unfunded state mandate, she said.

“There is no state funding for animal control; they are funded by localities,” Morton said. “The state has no oversight related to inspecting pet stores, yet the state would be saying to localities that they can’t pass a law regulating the sale of dogs and cats and pet stories, even as a mechanism to help manage animal overpopulation.”

Morton helped to draft Valparaiso’s ordinance, comparing it to those in Highland, Munster and Crown Point.

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Indiana’s growing pet population is “hugely concerning,” said Morton, as many animal shelters are “overwhelmed and over capacity.” She believes that prohibiting the retail sale of puppies and kittens will likely reduce pet overpopulation and thus the burden on animal shelters along with the financial costs on local taxpayers.

Under Indianapolis’ ordinance, for example, it’s illegal for a pet shop to sell cats, dogs and rabbits unless they were obtained from an animal services shelter or animal rescue organization. And no animal can be sold for more than $500. Stokes noted that people have gone to the lengths of financing the purchase of their pet from a store.

“It seems like this legislation is not moving forward, but there’s still some caution,” she said. “It’s not over until it’s over.”

Jim Masters is a freelance reporter for the Post-Tribune.

Phil Potempa contributed.

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