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File #: 22-1396    Name:
Type: Resolution Status: Individual Item Ready
File created: 10/12/2022 In control: City Council
On agenda: 10/24/2022 Final action:
Title: Discuss and consider the second and final reading of an amendment to Chapter 6 of the City's Code of Ordinances, Animals, related to the retail sale of pets.
Attachments: 1. Draft Retail Pet Ordinance, 2. Retail Pet Sales Data for Council

PRESENTER: Presenter

Christopher J. Looney, AICP, Planning & Development Services Director




Discuss and consider the second and final reading of an amendment to Chapter 6 of the City’s Code of Ordinances, Animals, related to the retail sale of pets.



DEPARTMENT: Planning & Development Services







Staff Contact:                     Bryan Ruiz, RS

Neighborhood Services Manager

(830) 221-4073


At their meeting on October 10, 2022, City Council voted (4-3) to approve the first reading of this draft ordinance.


Chapter 6 of the City of New Braunfels Code of Ordinances includes standards a business must achieve before they obtain a permit to operate a Commercial Animal Establishment. The current ordinance does not include or provide any requirements from where the animals for sale are sourced. The City’s Animal Services Advisory Board (ASAB) has considered and recommended amendments to this code section.


This item arose in response to the opening of a new commercial animal establishment in August of 2021, which also prompted residents and others to speak during Citizens Communication at City Council, as well as ASAB meetings. The main concerns expressed were from where the animals were being sourced. The ASAB discussed options on this subject at several meetings. In their discussions, the ASAB examined similar ordinances in other Texas cities.




The public’s concerns center mostly around the sourcing of the animals being sold. Additional related concerns include the resulting increase in the community’s pet population, and a desire to incentivize the adoption of homeless pets. Attached are some data graphs indicating:

1.                     Number of dogs received by the Humane Society’s Animal Shelter from within the city limits between August and July going back to 2017 (this graph shows August to July since August 2021 was when a local commercial animal establishment opened)

2.                     The same numbers but by standard fiscal year.

3.                     Number of dogs received by animal shelters in various nearby cities or counties the past two fiscal years. San Antonio and Buda appeared to be outliers, so they were not graphed.



The fiscal impact would vary depending on the enforcement and inspection requirements adopted.




At their meeting in May of 2022 the ASAB voted to recommend an ordinance to allow the sale of cats and dogs in retail establishments only if those cats/dogs are obtained from an animal shelter or animal welfare organization.



Resource Links:

USDA Tech Note Q&A Activities with Dogs requiring a USDA license/registration



USDA Animal Welfare Inspection Guide



USDA Licensing and Registration Under the Animal Welfare Act



USDA Animal Welfare Act and Animal Welfare Regulations