Valparaiso City Council Passes Anti-Pet Mill Ordinance As State Laws Preempt Local Ban Moves Forward

VALPARAISO — Valparaiso City Council has unanimously passed an ordinance banning the sale of cats and dogs, but looming state legislation could preempt local restrictions.

The ordinance was first introduced by City Attorney Patrick Lipp at the February 13 City Council meeting. Lyp said after the opening of The Puppy Emporium at 1101 Calumet Ave last year, residents began expressing concerns about pet stores selling cats and dogs. The proposed ordinance would ban the sale of cats and dogs in retail pet stores, but would not apply to shelters or rescue organizations.

Puppy Emporium is excluded and not subject to bans. However, if the store voluntarily abandons business for 180 consecutive days, it will no longer be exempt. Originally, the ordinance said that if a store closed for his 30 days, it would no longer be exempt, but the ordinance was amended to extend the timeline to 180 days.

At Monday night’s meeting, Lyp noted that Senate Bill 134 preempts city ordinances.

The bill was approved by the Senate on February 20 and was referred to the House Agriculture and Rural Development Committee on Tuesday. SB 134 authorizes local governments in Indiana that did not ban the sale of dogs in retail pet stores prior to January 1, 2023, to permit the sale of dogs in pet stores under the terms of the proposal. I am requesting. If this measure is eventually enacted without change, the pet store dog sale ordinance adopted in Valparaiso will be superseded by retroactive provisions of state law and rendered unenforceable.

Valparaiso worked with the American Humanitarian Society to draft the ordinance. Lyp said Humane Society representatives were “optimistic” that state law would not become law.

“If we are preempted, we will be preempted, but if we are not, we will be adopting ordinances within the local government code,” Lyp told the council.

Senate Bill 134 faces an uncertain fate in the House, and similar proposals House Bill 1121failed to advance from the Agriculture and Rural Development Commission, sponsored by MP Mike Aylesworth of R-Hebron.

At this time, bans on the sale of dogs in pet stores previously adopted by Crown Point, Dyer, East Chicago, Hebron, Highlands, Lake Station, Lowell, Munster, Schererville and Whiting as a means to combat animal cruelty is not invalidated by this law.

After Illinois passed a statewide ban on the sale of dogs and cats by puppy mills and pet stores in August 2021, local communities began adopting humane pet store ordinances. Of the 13 her Hoosier municipalities that have passed humane pet store ordinances, all but three are in northwestern Indiana.

Both Hammond and Hobart are discussing the possibility of passing a humane pet shop ordinance, but the bill has not moved forward.