Humane pet store ordinance rejected Tuesday night by Colorado Springs City Council

COLORADO SPRINGS, Colo. (KRDO) -- UPDATE, 8 P.M. TUESDAY

In a close vote after a long meeting, the City Council failed to pass a proposed pet store ordinance that would have prohibited the sale of puppies and kittens at the city's two retail pet stores.

Just before 7:30 p.m., after four hours of public comment, the Council voted 5-4 against passing the ordinance.

The Animal Humane Society and animal rights advocates believed that Pet City, located in the city's two shopping malls, obtains its dogs and cats from breeding mills known for inhumane treatment and conditions -- an accusation that Pet City owners repeatedly denied.

Some council members said that they opposed the ordinance because it singled out Pet City, risked putting the longtime family-owned stores out of business and did nothing to address the root problem of irreputable breeders in other locations.

To that end, Councilman Wayne Williams offered an amended version of the ordinance that would have included any breeder with annual sales of over $10,000, but it narrowly failed by a 5-4 vote.

"I'm relieved and overwhelmed," said Bree Maestas, owner of Pet City's Citadel Mall store. "I really listened to what the Council members said today. I think there can be better outcomes by not passing a ban against businesses."

Maestas said that a fifth of her animals come from certified breeders and is working hard to raise that percentage by ending associations with questionable breeders and seeing that more breeders earn certification.

Councilwoman Nancy Henjum, who confessed that she didn't know how she'd vote until the end, expressed hope that Pet City and animal rights activists will do better in the future at working together to end pet mill breeding.

Around 400 municipalities in 31 states, including 10 in Colorado, have ordinances regulating the sale of pets in pet stores.

On Wednesday, Council president Tom Strand -- who introduced the proposed ordinance -- said that he's not giving up on the possibility of crafting another version of it in the future.

(PREVIOUS STORY -- TUESDAY, NOV. 9, 5:45 P.M.)

The City Council is in its third hour of a public hearing on a proposed ordinance to ban the sale of dogs and cats at local pet stores

The hearing began just before 3 p.m. Tuesday and 41 people were registered to speak in both sides of the issue.

Many of the supporters of the ordinance wore red shirts with the slogan "Vote Yes For Puppies."

Council members expect to discuss the ordinance and vote on it late in the evening.

It was standing room only for the hearing, with more than 75 people packed into the Council chamber; extra chairs were brought in just beforehand.

The first two speakers were Amy Jesse of the Animal Humane Society -- who helped write the ordinance -- and animal rights activist Julia Archer.

Both support the ordinance, saying that many pet stores acquire their animals from puppy or kitten mills where they are inhumanely treated.

"We'll support you, Pet City, to support the transition to a humane business model that does no harm -- seen or unseen," Archer said.

Pet City has the only two retail pet stores in town, and the owners have repeatedly denied getting animals from irreputable providers.

"We shouldn't be controlled by special interest groups that are not willing to work with us," said Dustin Haworth, owner of Pet City in Citadel Mall. "All-or-nothing ordinances such as this, will do nothing to affect the animal welfare in Colorado Springs.

The owners said that the pets they currently obtain are from licensed breeders more reliable than getting animals from legitimate shelters and rescues, as the ordinance would require.

KRDO NewsChannel 13 has a crew attending the hearing and will provide updates.

(PREVIOUS STORY -- MONDAY, NOV. 8)

The city is getting closer to enacting an ordinance banning the sale of dogs and cats at pet stores, and a possible $500 fine for violators.

During a City Council work session Monday, president Tom Strand present the proposed ordinance that would prohibit such sales unless pets come from shelters, rescues, licensed breeders and other legitimate animal organizations.

The proposed ordinance requires stores to display that their animals come from legitimate sources and have documentation to prove it.

During a Council discussion on the matter in late February, Strand said that an ordinance is necessary because many pet stores across the country sell dogs and cats that are acquired from puppy and kitten mills, and state and federal laws don't provide enough prevention or enforcement.

However, the Colorado Legislature passed a law that took effect in September, requiring more transparency from pet stores about where they obtain their animals -- but Stand said that it doesn't go far enough.

Such mills are known for inhumane treatment of animals and living conditions that promote an infection that can be transmitted to humans.

One local pet store, Pet City -- with branches at the city's two shopping malls -- has been accused by animal rights activists and concerned citizens of selling pets from mills; they are the city's only retail stores that sell pets.

Those critics have linked Pet City to four mills or questionable breeders in Kansas, Indiana and Wisconsin.

On Monday, Pet City owners again denied the accusations and said that the ordinance would put their stores out of business.

"We've been trying to work with the City Council to get back to where we were 18 months ago, for more transparency and reasonable restrictions for the pet stores," said Dustin Haworth, owner of Pet City at Chapel Hills Mall. "We think this ordinance is too strict."

Bree Maestas, owner of the Pet City at Citadel Mall, said that both stores recently passed unannounced state inspections.

"There are responsible breeders and there are irresponsible breeders," she said. "We buy our puppies from reputable breeders. It doesn't make sense to stop doing that and rely solely on rescues and shelters where we don't know the background of the animals."

Pet City has been in Colorado Springs for 52 years.

The Council expects to vote on the ordinance at Tuesday's regular meeting, after a public hearing in which nearly 30 people have registered to speak.

In other business, the Council considered a revised version of a proposed ordinance regulating carports.

The latest version includes a focus on architectural styles to ensure that a carport isn't too obtrusive and blends in with the surrounding neighborhood.

Councilwoman Nancy Henjum expressed concern about acceptable carports being more expensive than unacceptable models, and asked city staff to return with estimated cost differences.

Some Council members believe the revised ordinance is too strict and provides no flexibility for homeowners whose existing carports may fall slightly below the new standard.

"I wouldn't recommend that we lower our standards," said Peter Wysocki, the city's director of planning and community development.

The Council will hold a public hearing about the revised ordinance on Nov. 23, and could be ready to vote that same day; the extended moratorium on citations for carport violations ends Dec. 4.

During the Council's lunch break, members discussed the process toward replacing the soon-to-be vacant seat of longtime Councilman Richard Skorman, who announced his resignation last week.

Candidates can begin applying on Wednesday, with a deadline of Nov. 23. The Council (excluding Skorman) will interview candidates on Dec. 13. The top candidate will be sworn in on Jan. 10.

Last year, the Council appointed Mike O'Malley to fill the remainder of the term of Andy Pico, who was elected to the Colorado House of Representatives. There were eight initial candidates but four dropped out along the way.

In 2006, Skorman left during his second term to work for former Colorado U.S. Senator Ken Salazar. The Council appointed Bernie Herpin from a field of 30 candidates. Herpin went on to serve as a state senator.