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Regular City Council Meeting Monday,January 30,2017 Page 4 City Attorney Gaughan advised that he had changed the effective day from the previous 30 days to the proposed 180 days to provide affected business owners with time to make other arrangements for their business, recalling that lag time as previously discussed by the City Council. However, Mr. Gaughan noted that this was up to the City Council's discretion tonight. City Council Ouestions Mayor Roe referenced the two sections of language provided via email by Ms. Coughlin of the Humane Society included as a bench handout, defining "Animal Rescue Organizations;" with additional edits and also addressing rationale in not allowing overnight boarding of dogs and/or cats at a pet store overnight. "ANIMAL RESCUE ORGANIZATION: ANY NOT-FOR-PROFIT OR- GANIZATION WHICH HAS TAX-EXEMPT STATUS UNDER SECTION 501(C) (3) OF THE U.S. INTERNAL REVENUE CODE, WHOSE MIS- SION AND PRACTICE IS, IN WHOLE OR IN SIGNIFICANT PART, THE RESCUE OF ANIMALS AND THE PLACEMENT OF THOSE ANIMALS IN PERMANENT HOMES, does not obtain lf b a b `o N""" en4 of: eempensatie , AND WHICH DOES NOT BREED ANI- MALS" "DOGS SHALL NOT BE KEPT OVERNIGHT AT A PET STORE. CATS, AS DEFINED IN THIS ORDINANCE FROM ANIMAL RESCUE ORGAN- IZATIONS, ANIMAL SHELTERS OR ANIMAL CONTROL AUTHORI- TIES TO BE SHOWCASED FOR ADOPTION, SHALL NOT BE KEPT OVERNIGHT AT A PET STORE WITHOUT PROVISION FOR THEIR CARE AND MONITORING OUTSIDE OF STORE HOURS." Based on discussion at a previous meeting specific to concerns with overnight boarding of animals, Mayor Roe noted that the concern appeared to be different as it relates to dogs and cats, thus the proposed language. However, Mayor Roe sought City Attorney Gaughan's input from a legal perspective based on his re- view. City Attorney Gaughan advised that he had not had a chance to review the lan- guage as yet, but his initial reaction was that he didn't see a concern for equal pro- tection between cats and dogs; and as long as the basis is articulated if there was such distinction between animals, the city would need to clearly articulate why. City Council Comments/Discussion Regarding the preamble, with so much language addressing where animals were bred or housed within their first eight weeks, Councilmember Laliberte also noted previous conversations about conditions at locations where they were for sale. However, Councilmember Laliberte noted that she didn't see that in this draft language, opining there may be too much emphasis on the original breeding situa- tion and not enough emphasis on the sale location and conditions. Councilmem-