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CITY OF WEST CHICAGO
DEVELOPMENT COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: __9-A-
Zoning Code Text Amendment
Pet Shops FILE NUMBER:
COMMITTEE AGENDA DATE: Mar. 11, 2019
Ordinance No. 19-O-0008
COUNCIL AGENDA DATE:
STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE
APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE
ITEM SUMMARY:
The City of West Chicago, in response to an inquiry from DuPage County, seeks to initiate a set of
text amendments that would restrict the sale of dogs and cats from retail outlets in an effort to deter
so-called “puppy mills” and “kitten mills.” Also this month, Police Department personnel will propose a
new section to the Animal Care and Control Ordinance to enhance their enforcement abilities on the
topic. Community Development needs to establish its own regulations, consistent with the Animal
Care and Control Ordinance, to discourage the sale of “puppy mill” animals and to encourage demand
for shelter animals and those from rescue organizations. The changes involve defining Pet Shops and
related uses, and adding Pet Shops as part of our use list in allowed districts.
As proposed, Pet Shops would be added as a Permitted Use in the B-1, B-2 and B-3 zoning districts.
Pet Shops would be defined in a manner to preclude the sale of dogs and cats, with certain excep-
tions. Pet Shops would be allowed to collaborate with animal care facilities and animal rescue organi-
zations to offer space for such entities to feature adoptable dogs and cats. The text amendments
would affect no existing businesses in West Chicago.
At its March 5, 2019 meeting, the Plan Commission/Zoning Board of Appeals (PC/ZBA) conducted a
public hearing to consider the proposed text amendment. By a vote of four (4) “yes” and two (2) “no”,
the Plan Commission recommended approval of the text amendment as presented. Dissenters ques-
tioned if such a restriction is legal and whether the prohibition is too broad.
Attachments:
Draft Ordinance
PC Report
ACTION PROPOSED:
Consideration of the proposed Zoning Ordinance text amendments for Pet Shops.
COMMITTEE RECOMMENDATION:

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ORDINANCE NO. 19-0-0008
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF WEST CHICAGO — APPENDIX A
ARTICLES 4 AND 10 OF THE ZONING CODE RELATING TO
PET SHOPS
WHEREAS, according to The Humane Society of the United States, it is estimated that
10,000 puppy mills produce more than 2,400,000 puppies a year in the United States and that
most pet shop dogs and cats come from puppy mills and kitten mills, where the health and wel-
fare of the animals are not adequately provided for; and
WHEREAS, the documented abuses endemic to puppy and kitten mills include over-
breeding, inbreeding, minimal to non-existent veterinary care, lack of adequate and nutritious
food, water and shelter, lack of socialization, lack of adequate space, and lack of adequate exer-
cise; and
WHEREAS, the inhumane conditions in puppy and kitten mill facilities may lead to
health and behavioral issues and said issues may not present themselves until sometime after the
purchase of the animals which can impose exorbitant financial and emotional costs on consum-
ers; and
WHEREAS, current Federal, State and County regulations do not properly address the
sale of puppy and kitten mill dogs and cats in pet shops; and
WHEREAS, prohibiting the retail sale of puppies and kittens is likely to decrease the
demand for puppies and kittens bred in puppy and kitten mills, and is likely to increase demand
for animals from animal shelters and rescue organizations; and
WHEREAS, across the country, thousands of independent pet shops as well as large
chains collaborate with local shelters and rescue organizations and operate profitably with a
business model focused on the sale of pet services and supplies and not on the sale of dogs and
cats; and
WHEREAS, this Ordinance will not affect a consumer’s ability to obtain a dog or cat of
his or her choice directly from a breed-specific rescue organization or a shelter, or from a hobby
breeder where the consumer can see directly the conditions in which the dogs or cats are bred, or
can confer directly with the hobby breeder concerning those conditions; and
WHEREAS, the City Council believes it is in the best interest of this City to adopt rea-
sonable regulations to protect the citizens of the City who may purchase cats or dogs from a pet
shop or other business establishment, help prevent inhumane breeding conditions, promote
community awareness of animal welfare, and foster a more humane environment in the City; and
WHEREAS, Notice of Public Hearing on said text amendments was published in the
Daily Herald on or about February 14, 2019, as required by the ordinances of the City of West
Ordinance 19-O-0008
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Chicago and the statutes of the State of Illinois; and,
WHEREAS, a Public Hearing was conducted by the Plan Commission/Zoning Board of
Appeals of the City of West Chicago, commencing on March 5, 2019, pursuant to said Notice; and,
WHEREAS, at the Public Hearing all interested parties had an opportunity to be heard; and,
WHEREAS, the corporate authorities of the City of West Chicago have received the
recommendation of the Plan Commission/Zoning Board of Appeals which contains specific
findings of fact, pursuant to Recommendation No. 19-RC-0004, a copy of which is attached hereto
as Exhibit “A” which is, by this reference, made a part hereof.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chi-
cago, Du Page County, Illinois, in regular session assembled, as follows:
Section 1. That Appendix A, Article 4, Section 4.1 of the Code of Ordinances of the City
of West Chicago entitled “Construction of terms” is hereby amended by adding the following
three definitions:
“Pet shop” means a retail establishment which sells any or all of the following to the gen-
eral public: pets, pet accessories, and pet supplies. Pet shops can house an accessory veterinary
clinic and/or an accessory indoor grooming facility. No pet shop shall sell, deliver, offer for sale,
barter, auction, give away, or otherwise transfer or dispose of cats or dogs. Nothing in this sec-
tion shall prohibit pet stores from collaborating with animal care facilities or animal rescue or-
ganizations to offer space for such entities to showcase adoptable dogs and cats.
“Animal care facility” means an animal control center or animal shelter, maintained by or
under contract with any state, county, or municipality, whose mission and practice is, in whole,
or significant part, the rescue and placement of animals in permanent homes or rescue organiza-
tions.
“Animal rescue organization” means any not-for-profit organization which has tax-
exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mis-
sion and practice is, in whole or in significant part, the rescue and placement of animals in per-
manent homes. This term does not include any entity, which is, or is housed on the premises of, a
breeder or broker, obtains dogs from a breeder or broker in exchange for payment or compensa-
tion, or resells dogs obtained from a breeder or broker and provides payment or compensation to
such breeder or broker.
Section 2. That Appendix A, Article 10, Section 10.2-3, B-1, Central Business District,
of the Code of Ordinances of the City of West Chicago entitled “Permitted Uses” is hereby
amended by adding the following language:
(CC) Pet shops
Ordinance 19-O-0008
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Section 3. That Appendix A, Article 10, Section 10.3-3, B-2, General Business District,
of the Code of Ordinances of the City of West Chicago entitled “Permitted Uses” is hereby
amended by adding the following language:
(OO) Pet shops
Section 4. That Appendix A, Article 10, Section 10.4-4, B-3, Regional Business District,
of the Code of Ordinances of the City of West Chicago entitled “Permitted Uses” is hereby
amended by adding the following language:
(HH) Pet shops
Section 5. That all ordinances and resolutions, or parts thereof, in conflict with the pro-
visions of this Ordinance are, to the extent of such conflict, expressly repealed.
Section 6. That this Ordinance shall be in full force and effect after its passage, approval
and publication in pamphlet form as provided by law.
PASSED this__ day of 2019.
Alderman J. Beifuss ee Alderman L. Chassee ee
Alderman J. Sheahan ee Alderman H. Brown ee
Alderman A. Hallett ee Alderman M. Ferguson ee
Alderman M. Birch-Ferguson_ | Alderman S. Dimas ee
Alderman C. Swiatek ee Alderman M. Garling ee
Alderman R. Stout ee Alderman J. Short ee
Alderman N. Ligino-Kubinski Alderman B. Gagliardi ee
APPROVED as to form:
City Attorney
APPROVED this day of 2019.
Mayor Ruben Pineda
Ordinance 19-O-0008
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ATTEST:
City Clerk Nancy M. Smith
PUBLISHED:
Ordinance 19-O-0008
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EXHIBIT “A”
RECOMMENDATION # 19-RC-0004
TO: The Honorable Mayor and City Council
SUBJECT: PC 19-07
Text Amendment
Pet Shop Definition and Permitted Use Determination
DATE: March 5, 2019
DECISION: The motion to approve the request was approved by a vote of four (4) “yes” and
two (2) “no”.
RECOMMENDATION:
After a review of the proposed text amendment as presented, the Plan Commission/Zoning Board
of Appeals finds that the proposed amendment does not pose a threat to the health, safety and
welfare of the community. It is the Commission’s opinion that the proposed amendment to Arti-
cle IV, Definitions, and Article X, Business, of the West Chicago Zoning Code will be beneficial
to the City of West Chicago because the amendment will prohibit “puppy mills” and “kitten
mills” within the City.
The amendment to Article IV, Definitions, to create a definition for “Pet shops” that specifically
prohibits selling, delivering, offering for sale, bartering, auctioning, giving away, or otherwise
transferring or disposing of cats or dogs is in keeping with the purpose of the Zoning Code. The
Plan Commission is of the opinion that this proposed restriction will protect, promote, and im-
prove the public health, safety, morals, convenience, order, appearance, prosperity and the gen-
eral welfare of the citizens of West Chicago community.
Respectfully submitted,
Barbara Laimins
Chairman
VOTE:
For Against Abstain Absent
Laimins xX
Devitt x
Hale
Kasprak Xx
Faught
Dettman x
Henkin Xx
Ordinance 19-O-0008
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