Riverhead Town Board unanimously votes to ban puppy mills

Puppy mill operations in Riverhead are now prohibited after the town board unanimously passed a new law at its most recent board meeting.

The legislation, which the board passed 5-0 at its Oct. 5 regular meeting, will make it illegal to sell commercially bred dogs and cats in stores and outlaw puppy mills — defined by the American Society for the Prevention of Cruelty to Animals as a "large-scale commercial dog breeding operation where profit is given priority over the well-being of the dogs."

Supporters of the legislation say the legislation is an animal rights issue, while opponents argue the legislation would shut down small pet stores. First-time violators face a fine between $250 and $750 and/or imprisonment not exceeding 15 days. Second-time offenders face a fine between $500 to $1,500 and/or imprisonment not exceeding 15 days. A third and subsequent violations will be prosecuted as a misdemeanor punishable by a fine between $1,000 and $2,500 and/or imprisonment not exceeding 30 days.

Pet stores selling dogs, cats and rabbits must now prove those animals came from animal shelters, humane societies, animal control agencies or nonprofit rescue groups registered with the state. The law took effect Oct. 6, but certain stores that obtained dogs, cats and rabbits from the aforementioned agencies may continue to display, sell, deliver, barter, auction or offer for sale animals obtained by other sources for no longer than 90 days from Oct. 6.

A letter sent to the town last month from attorneys of People United to Promote Pet Integrity Inc., a coalition of New York State pet store owners, warned the town could face litigation if the law was passed.

Attorney David Schwartz of the Garden City law firm Gerstman Schwartz LLP, which is representing the coalition, told Newsday on Tuesday the law would impact at least two pet stores in Riverhead — including The Puppy Experience in Aquebogue. The Puppy Experience is a member of the coalition, Schwartz said, adding a lawsuit will be filed within the next several weeks.

"This law violates state law," Schwartz said. "The state law is very clear that the municipality can regulate pet stores but they cannot put them out of business."

Schwartz was referring to a subsection of the New York State law regulating the care of animals by pet dealers. The subsection states that similar laws passed by local municipalities should be "no less stringent" than the state law's provisions and "may not result in essentially banning all sales of dogs or cats raised and maintained in a healthy and safe manner."

However, board members said they felt passing the legislation was necessary.

Riverhead Councilman Ken Rothwell said the legislation was "an opportunity for the town "to lead by example."

Riverhead Councilman Tim Hubbard issued similar sentiments.

"I think all of us who sit up here are animal lovers and dog lovers, in particular," Hubbard said. "And I think this is a long time coming and the right thing to do, so I vote ‘yes.’"