FAYETTEVILLE -- The City Council unanimously rescinded its ordinance banning retail sale of pets with little discussion Tuesday.
The move came after a recent change to state law that prohibits cities from adopting such a rule.
The council voted 8-0 in July to ban the retail sale of cats and dogs, unless from or in cooperation with the city's animal shelter, another shelter or a nonprofit organization approved by the city's Animal Services Division. It never went into effect, however, because a judge issued a temporary restraining order on the ordinance, which is still in place.
At the time of the original vote, Petland was weeks away from opening its store southeast of Joyce Boulevard and Mall Avenue. Petland subsequently sued the city over the ordinance, leading Benton County Circuit Court Judge Doug Schrantz to issue the restraining order while the proceedings play out in court.
Animal Services staff and members of the public told the council in July that pet stores selling animals, rather than putting them up for adoption, often get them from mass breeding facilities, commonly known as "puppy mills." Although mass breeders can be licensed by the U.S. Department of Agriculture, they go largely unchecked, and animals are kept in deplorable conditions, the council heard.
The Petland lawsuit has a Jan. 17 trial date scheduled. Petland has argued its civil rights were violated by the city's adoption of its ordinance.
The ordinance will be rewritten to say a pet store can only sell pets if the animals were acquired from a federally regulated facility and in compliance with state law. A retail pet store could still display adoptable shelter animals if it wants, Williams said.
Act 730, originally House Bill 1591 sponsored by state Rep. David Ray, R-Maumelle, prohibits cities from regulating pet stores acquiring or selling animals from kennels, catteries or dealers licensed by the Agriculture Department. Its intent is to clarify the applicability of the Arkansas Retail Pet Store Act of 1991.
Council member Sonia Harvey said she hoped the city would continue to advocate for the health and safety of animals in whatever capacity it can moving forward.
"I'm sorry it's all getting undone so quickly," she said. "At the end of the day, it's about the welfare of the animals. That's really what we care about."
In other business, the council voted 8-0 to allow the city administration to make changes in rates, times and policies to parking downtown. Currently, any change to the parking rules has to go through the City Council.
Justin Clay, the city's parking manager, said Tuesday's vote will give staff greater flexibility to address any parking issues. For instance, university students typically fill Dickson Street, the Walton Arts Center lot and the lot near Hammontree's before 2 p.m., when paid parking goes into effect. As a result, customers to businesses near those spaces may not be able to park near them, he said.
The public will be given at least a couple weeks notice about any changes to the parking rules, and city staff will consult impacted stakeholders first, Clay said.
Additionally, the council voted 8-0 to seek a contractor that would count how many unlicensed short-term rentals operate in the city. Estimated cost to hire a company is $20,000.
Council Member Teresa Turk sponsored the measure and said the city needs to know how many short-term rentals are operating in the city illegally. The city has a 2% cap on all dwelling units being rented out to tenants for fewer than 30 days. Based on American Community Survey data, the cap is 894.
The city has 328 residences licensed to operate strictly as short-term rentals that contribute toward the cap, said Jonathan Curth, the city's development services director. There may be about 300 more illegal operations unaccounted for, he said.
Short-term rentals must get a business license, a building safety inspection and, in some instances, a permit from the Planning Commission to operate.
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Fayettevilles City Council met Tuesday and approved:
Applying for $25.8 million in federal aid transportation project grants.
Providing 17 nonprofits with $1 million in financial assistance for revenue lost from March 2020 to March 2021 during the pandemic using American Rescue Plan money.
Providing $50,000 in American Rescue Plan money to Arkansas United Community Coalition.
Accepting $29,087 federal Justice Assistance Grant to use for the Fourth Judicial District Drug Task Force.
Source: Fayetteville