The Town of Hempstead is set to hold a hearing for a proposed law to end unlicensed pet breeding. Newsday reporter Ted Phillips has more.  Credit: Newsday Studios

A litter of kittens or puppies born in Hempstead would need to be registered under a proposed law scheduled for a public hearing at Town Hall Tuesday.

The proposal seeks to crack down on unlicensed “backyard breeders” and wouldn't apply to licensed pet dealers and animal shelters.

The intent is “to eliminate unregulated profit-driven animal breeding, which causes animal suffering and specifically the overpopulation of certain pets,” Hempstead Town Supervisor John Ferretti said in an interview. Ferretti said he also wants to stop “breeding in unsanitary or overcrowded locations.”

Ferretti said he has long had an interest in protecting animals and was aware of similar efforts in other parts of the country including DeKalb County, Georgia, which has a similar policy that went into effect last month.

The proposed rules would generally prohibit female cats and dogs from producing more than one litter in a 12-month period, with responsibility falling on the pet’s owner. The owner would have 30 days to report the births to the town’s litter registry, which would be established by the director of the town’s animal shelter and control division.

The registry would record the approximate date of the births, the treating veterinarian, the species and breeds — or guess of the breed — of the mother and offspring, and the address where the mother and litter are housed.

Puppies and kittens couldn't be transferred to another person until they are 2 months old, except in cases where a veterinarian says it’s necessary for the health of the mother or offspring.

Penalties for violations start at $250 and can rise to $500 for repeat offenses under the proposal. Violations can be dropped if the mother and offspring are sterilized or turned over to a licensed animal shelter within 16 weeks of the births.

“This is a good start, but will it be enforced?" Melissa Gillespie, executive director of Pioneers for Animal Welfare Society, a Hicksville-based advocacy organization, said in an email after reviewing the proposal.

Gillespie said the town should place a cap on the price of such puppies “to reduce some of the profit motive as these backyard breeders just exploit these animals all for profit.”

Ferretti said enforcement would be complaint driven. If residents “see this breeding going on, animals being sold from somebody's house or multiple cages in a backyard … they can reach out to the Town of Hempstead.” The town building department and animal shelter would enforce the rules.

Gillespie said puppies produced by “backyard breeders” are often inbred and taken away from their mothers too early. The result is dogs with "health and behavior issues which no one wants to deal [with],” she wrote. “So they are dumped at shelters where they are completely stressed and frightened and they then get euthanized due to behavior — or sickness and for space.”

Town spokesman Brian Devine said in an email that the town's shelter is a no-kill facility. "The Town is committed to securing positive outcomes for every animal in our care," Devine said. "Our approach includes long-term case management, specialized rehabilitation, and behavior training to improve adoptability." 

The town also collaborates with rescue groups and sanctuaries to find appropriate placements for animals, he said.

Libby Post, executive director of Albany-based advocacy organization New York State Animal Protection Federation, said in an email that the proposal “is one more way of handling the issue of backyard breeders.”

“We’re glad that local governments are taking animal welfare seriously,” she said.

The town hearing is scheduled to begin at 10:30 a.m. Tuesday at Hempstead Town Hall.

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