Proposed revisions to animal ordinance cause controversy at city council

Concerned citizens are speaking out against an ordinance that could change the future of pet adoption in San Marcos.

Twenty-four individuals signed up to speak on San Marcos City Council’s Ordinance 2022-96 at city council chambers on Tuesday, which, according to the legislation text, would amend Chapter 6 of the San Marcos City Code to amend definitions, delegate authority for the department to waive or reduce fees, limit the reasons to impound cats, delete stray hold requirement in some instances, include stricter requirements for spay/neuter and microchipping, create an offense for failure to reclaim or surrender pet upon notice, add requirements for pet shops/pet stores; including regulation of source of pets; and provide for permitting and inspections.

Controversy surrounded Sec. 60.65, a revision to the ordinance which in part reads, "A pet shop shall not sell, lease, offer for sale, trade, give away or otherwise transfer a cat or dog, unless the cat or dog was obtained from a city or county animal shelter, an animal control agency, or an animal welfare organization licensed by the department."

An update to the city’s Animal Service Ordinance has been in the works for about a year, according to the Nov. 1 meeting agenda packet. At its last meeting on Sept. 29, the Animal Services Council Committee provided direction to staff to present the ordinance revisions to city council.

Several speakers were concerned about what the ordinance’s language could mean for Pick A Pet, a newly-opened retail pet store serving clientele in San Marcos.

“This proposed ordinance will not stop the bad breeders,”  said Ashley Brinkman, director of government affairs with the Pet Advocacy Network. “What this retail pet sale ban will do is run out of reputable businesses out of town.”

Councilmember Mark Gleason concurred, and said requiring pet stores to source their animals from shelters is “not a business model that’s actually going to work.”

“This notion that this is kind of a way to get pet stores to help out with that, that's not going to be the case,” he said. “That's not reality.”

Gleason suggested the council instead adopt an ordinance similar to what is outlined by amended Texas House Bill 1818, which allows pet stores to source dogs and cats from licensed commercial breeders, provided they meet certain requirements, according to an American Kennel Club press release.

Despite Gleason’s reservations, council ultimately voted 6-0 on an amendment to approve Ordinance 2022-69 on the second reading except Sec. 60.65, which will go into effect Dec. 1, 2023.

The exception will allow pet stores one year to adapt their business model to comply with the ordinance.