A mixed breed - Dogs, Cats, and Alachua Street opening

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Submitted by Eric Bartelt

June 4, 2015 7:32 p.m.

On last Tuesday's City Commission meeting agenda was more information about the opening of the Alachua Street rail crossing and an ordinance proposed by Commission Miller to prohibit the sale of dogs and cats bred by puppy and kitty mills, establishments that breed cats and dogs in poor conditions for sale through pet stores.

Alachua Street Crossing

Attorney Tammi Bach File Photo

City Attorney Tammi Bach reported that the City had reached an agreement with the Florida Department of Transportation (FDOT) that stipulates that the parties involved in the opening of the Alachua Street crossing are the City, FDOT and First Coast Railroad. First Coast Railroad leases the rail tracks from CSX, which owns the railbed property. CSX has deferred to First Coast Railroad and won't be a party to the agreement. Nor will it be involved in the opening of the crossing.

Alachua Stan Mar A portion of Alachua Street and North 2nd

Commission Gass asked about the requirement that to open a new crossing requires that an existing crossing be closed. Attorney Bach said that was a CSX requirement, not a First Coast Railroad policy or an FDOT rule, and would therefore not be in force. Gass also thought the City should get written acknowledgement from CSX that they are not a party to the agreement.

The Commission voted on the Resolution approving the Stipulation of Parties to the agreement with FDOT. The vote was 4-1 with Commissioner Gass opposed.

It was agreed the next step was to send notice to First Coast Railroad of the approved Resolution, which Attorney Bach said she would do. Mayor Boner inquired about timing and Mr. Gerrity said First Coast already has the plans for the crossing and they will do the construction. The Mayor then said the Commission will need to address the question of funding.

Pet Sales

K L 7Commissioner Miller proposed establishing an ordinance prohibiting puppy and kitty mill establishments within the City. According to Miller, reputable animal breeders will not sell directly to pet stores or brokers, only to end users. What happens, he said, “...is that usually, in isolated areas away from major cities, these companies will open up and breed several breed of dogs in small confined containers in very bad conditions, and breed them as fast a possible, basically mass producing certain breeds of dogs.” Brokers then attempt to sell the dogs to pet stores or online. He added, “When you buy a dog from a pet store in the United States, you are buying a dog that probably come from a puppy mill.” He explained that now major pet stores sell dogs and cats that come from local animal shelters, on adoption days, not from puppy mills or brokers.

Commissioner Miller said the ordinance would not prohibit people, so called hobby breeders, or individuals from breeding dogs in their own homes. The ordinance is intended to prohibit stores from selling dogs acquired from puppy mills, because often such dogs are unhealthy and have problems requiring extensive veterinary care. Miller said Fernandina would be the first community in northeast Florida to adopt such an ordinance, and that Jacksonville Beach was watching to see what Fernandina did on this issue.

Tom Christianson Tom Christianson

Affirming what Commissioner Miller said was Tom Christianson, Executive Director of the Nassau Humane Society and Fernandina Beach Animal Rescue, which has an agreement with the City for animal control. He said they completely agree with what Commissioner Miller said and further suggested the ordinance clarify that non-profit organizations (such as animal rescue organizations or public animal shelters) and governmental entities be the only allowed sources of animals for sale through pet stores.

While she supported the ordinance, Commissioner Lentz took Commissioner Miller to task for bringing the idea for the ordinance directly to Attorney Bach, before bringing it up as a discussion item at a Commission meeting. She was concerned that if a proposed ordinance didn't have a consensus, Attorney Bach's time could be wasted putting together an ordinance that might not go forward. She thought it would be better to seek consensus before pursuing it with the City Attorney. Commissioner Miller responded by saying he thought that was a good point, one he hadn't considered, and that it should be done that way in the future. The Commission then voted on this first reading of the ordinance and it passed 5-0.

Eric BarteltEditor's Note: Eric Bartelt retired as a corporate design consultant and moved to Fernandina Beach in 2004. His previously lived in Wisconsin. Since Eric's arrival in Fernandina Beach, he spends his time volunteering, and playing soccer. We thank Eric for his contributions to the Fernandina Observer.

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