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Naperville might start enforcing state pet stores law

Naperville soon could allow local enforcement of a state law regulating the sources of dogs and cats sold in pet stores.

The state's Animal Welfare Act was amended last year, and now the city could give its animal control officers the jurisdiction to make sure stores are following it.

The state update forbids pet stores from selling dogs or cats from commercial breeders with five or more breeding dogs who have been issued citations or violations during facility inspections by the U.S. Department of Agriculture.

An ordinance update the Naperville City Council is set to consider Tuesday could put the state law on the books at the municipal level and give animal control officers the ability to enforce it.

"This is a safety measure we can use to make sure pet stores are following the state law," council member Kevin Coyne said. "It does a lot to protect Naperville cats and dogs in a lot of different ways."

Local enforcement will be a plus, Coyne said, because the Illinois Department of Agriculture, which is tasked with enforcing the state regulation, is "not well staffed" to do frequent compliance checks.

The rule affects Happiness is Pets and Petland, two shops that get animals from commercial breeders, according to a memo from Senior Assistant City Attorney Kristen Foley. On average, animal control receives six to eight complaints each year about dogs bought from the stores.

The city is not planning to impose a regulation stronger than the state law by requiring pet stores to disclose more information about breeders. Coyne said a stronger ordinance could be open to legal challenge, and the city needs to learn about the pet industry before further regulating it.

The proposed changes would forbid dogs and cats from being left outside - or in cars - during dangerous hot or cold weather and from causing a nuisance by making constant noise. Pet owners would be in violation if they left their animals outside until they show signs of hypothermia, frostbite or dehydration, or if they allow their animals to make consistent noise outside for more than 20 minutes from 7 a.m. to 10 p.m. or for more than 10 minutes from 10:01 p.m. to 6:59 a.m.

The proposed changes also would require shelters, rescues, the Naperville Area Humane Society and pet stores to insert microchips before selling or adopting dogs and cats to make it easier to return lost pets to owners.

If the council approves the changes, the rules would be called the Animal Protection Act. The council is scheduled to consider the act during a meeting at 7 p.m. Tuesday in the municipal center at 400 S. Eagle St. A vote is not expected until Dec. 5.

Consideration of stronger pet rules comes three years after animal advocates spoke to the city council en masse, seeking a ban on pets sold from so-called puppy mills, which they described as breeders that don't provide good living conditions for animals.

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