New city ordinance requires a license if you want to breed dogs
There are a lot of people breaking the law in Wichita right now. They have litters of puppies.
This new law is a perfect example of what happens when laws are passed which may (or may not) be aimed at one kind of breeder. They almost invariably affect ALL breeders, even people who don't consider themselves breeders at all. Anyone who even has one litter of puppies can be impacted.
As someone in the article below says, the answer to reducing the number of dogs in shelters is not breeder limits. It's to enforce the laws that communities already have regarding leash laws, which will stop random breeding. Go a little farther and introduce classes and education for pet owners so they can deal with behavioral issues that lead to owners turning their dogs in to shelters and you will greatly reduce the number of pets turned in to shelters.
Many laws that sound great have unintended consequences. Before you jump on the bandwagon to promote something like breeder licensing or mandatory spaying and neutering, find out what the downside can be in your community.
From the Wichita Eagle.
New city ordinance requires a license if you want to breed dogs
BY FRED MANN
The Wichita Eagle
A new city ordinance requiring dog breeders to purchase a license has some of them snarling. The ordinance says people have to buy a $50 annual license to breed dogs, but it doesn't define what a breeder is. As a result, the ordinance applies to anyone whose dog has puppies in the city of Wichita.
Failure to get a breeder's license is punishable by a $100 fine.
"If you got a dog with a litter of puppies in Wichita, you've just broken the law," said Hank Price, a Wichita Kennel Club board member.
The city acknowledges the ordinance needs tweaking because it wasn't intended to be so sweeping.
The ordinance, which went into effect in December, also says it is unlawful for anybody to sell, exchange, give away or accept any animal on property not owned or rented by the seller or buyer, unless the property is owned by a pet shop, a state-licensed animal shelter, or the property is licensed for breeding or sale.
"If you have a litter of puppies and you're going to do anything like give one away, you're violating the law," said Kim Jenning, who owns champion dalmatians. "It's inexplicable to me."
The ordinance was aimed at puppy mills and pit bulls, said Kay Johnson, director of the city's department of environmental services.
Johnson has been working with the city's law department on some of the language in the ordinance, and to better define some of its terms, including what constitutes a "breeder."
"Often, ordinances have unintended consequences," she said. "We know we're going to come back before the council, and if we see what those are, we want to make changes."
The ordinance will return to the City Council for review in a couple of months, Johnson said. No date has been set.
"The issue is, we want better care for animals. We don't want unwanted animals wandering the streets," she said.
Johnson and Dennis Graves, the city's animal services supervisor, said there was no intent to make breeding dogs illegal in the city.
The part about not selling, trading or giving away pets on property not owned or rented by the seller, or without a license, was aimed at people who sell puppies out of their cars, he said.
"You go to a Wal-Mart or a mall with a box of puppies out the back of the pickup, that's what that was intended for," Graves said.
Skepticism
Dog owners are skeptical of the city's willingness to modify the ordinance.
"I'll have to see it first," Jenning said. "Them saying they're going to tweak it doesn't inspire much confidence."
Owners said the law may have been designed to control the breeding of dangerous dogs and to reduce the population of unwanted pets. But it only hurts responsible dog breeders and won't affect irresponsible owners who flout laws anyway, they said.
"Any of these broad-brush, all-inclusive kind of laws and ordinances always punish the responsible pet owners," said Jim Halsig, owner of Bed and Biscuit Pet Center, 5400 E. Central, which grooms pets and sells animal supplies.
"The responsible breeder is a person who owns maybe three or four dogs and cares about their breed and tries to produce a healthy, happy outgoing animal," said Patricia Deshler, vice president of the Wichita Kennel Club. "Under the city ordinance, that's impossible anymore if you live in the city."
Deshler and others said the club had been working with the city on a law aimed at controlling the breeding of dangerous dogs, and felt blindsided by the new ordinance.
"To me," Price said, "it's less about dog licenses and more about how the city government can do something without the public even knowing about it."
Johnson and Graves said the city went through the normal public processes for a new ordinance, including a first and second reading before the council, and a workshop.
Some dog owners don't think the city needs another pet ordinance.
"I would love to see them enforce the laws they have. Then, when they can show us that's not working, then I think you look at new laws," saidTreva Faires, a Wichita Kennel Club member. "Until then, I think it's ridiculous to reinvent the wheel and keep spinning it."
The ordinance also requires places where animals are housed by licensed breeders or by those seeking a license to be open during "reasonable hours" for inspection by a health officer.
Licensed breeders found in violation of city codes or health regulations will be given a written notice and 24 hours to correct the problems before their license is revoked.
Breeder's licenses must be renewed annually. Delinquent renewals will be fined $50 annually, beginning 30 days after the previous license expires.
The penalty for failing to get a breeder's license is a mandatory court appearance and fines of $100 for the first offense and $250 for the second.
Few have applied for the licenses.
So far, 12 referrals have come from the animal shelter, one person showed up at the front counter at environmental services asking for an application, and another request came from somebody who walked into the city's licensing department, Graves said.
Graves said no tickets have been written for not having the license, except for people who were caught selling dogs in parking lots.
"Our intent," Graves said, "is to encourage spay and neutering of animals, and if you're going to breed your animal, to make sure you're a responsible breeder: If you're breeding in Wichita, that you're getting a well-bred, responsibly-bred dog and you're not selling puppies in the back seat of pickup trucks at swap meets."
Reach Fred Mann at 316-268-6310 or fmann@wichitaeagle.com.
