FORT SMITH -- The Board of Directors unanimously approved a proposal to prohibit the unlicensed sale of animals within the city, with hopes it will reduce the number of stray cats and dogs.
The city's municipal code already requires any sale of animals within the city to be done from a permanent location properly zoned for such activity, Deputy City Administrator Jeff Dingman explained in a memo to City Administrator Carl Geffken. The law prohibits the sale of animals from random locations such as parking lots or roadsides.
The directors previously tabled the proposal in January due to concerns about needed exceptions, and Dingman explained the amended proposal properly outlines these exceptions.
The ordinance allows the sale or transfer of animals to retail animal businesses operating from a permanent, physical location that is properly zoned; to a permanent home occupation that is properly licensed; to any governmental, for profit, or nonprofit entity operating an animal shelter in the city where animal ownership transfer activities solely operate at a permanent, physical location properly zoned; to a licensed kennel which provides animal ownership transfer activities solely operate at a permanent location; any person or entity holding and in compliance with a breeder license issued which provides animal ownership transfer activities solely from a permanent location owned or leased by the person or entity and properly zoned; or any resident of the city who owns an animal and who transfers ownership of the animal not in the course of business, but because of inability or absence of desire to care for the animal.
Ward 1 Director Jarred Rego asked at the director's meeting Tuesday if a person temporarily taking in a stray animal to find its owner or rehome it is included in the last exception.
Geffken confirmed it is.
It also states no person or entity shall transfer the ownership of animals without the animal receiving age appropriate vaccinations by a licensed veterinarian.
Cindy Scott, director of Artemis Project, which rescues and rehabilitates homeless and neglected animals in the River Valley, requested that be added to the ordinance when the directors discussed it in January. She said this will help prevent shelters and buyers from receiving dogs with parvo.
Canine parvovirus is highly contagious, but unvaccinated dogs and puppies younger than 4 months old are the most at risk, according to the American Veterinary Medical Association. The virus affects dogs' gastrointestinal tracts and is spread by direct contact between dogs and contact with contaminated feces, environments or people.
Violating the ordinance is a misdemeanor and will result in a $600 fine, to be enforced by the Police Department.
The department said Wednesday the ordinance will take effect starting March 7. The department said those suspecting or observing animals being transferred in violation of the ordinance can contact the department's non-emergency number at (479) 709-5000.
Rego asked if a person who takes in a pregnant animal is exempted from this ordinance, and Geffken said they aren't.
"Granted, will something like that happen in a city of over 100,000? Sure, probably," Geffken said. "But at this point, to allow an exception that allows somebody to say 'Oh, I just picked up this pregnant animal' is, in my thought, a way to get around what we're looking to achieve in the long run."
Geffken said at the meeting in January the city has been spending over $1 million a year on animals since animal control and local animal shelters have gone from euthanasia to a no-kill format, which the Animal Humane Society defines as finding homes for at least 90% of animals in their care. He said the only way the city will be able to cut costs is by finding a way to require spaying and neutering.
Geffken said Tuesday he's finishing his last review of a potential spay and neuter ordinance, which will be brought to a directors study session soon.
"I think with the discussion we had in January illustrates how complex this is if you try to really get into the details and try to address every possible situation. So what we have, I think, is an excellent starting point," Ward 3 Director Lavon Morton said. "I think as we operate, we may find things that we want to change, but I have to give credit to the attorneys who drafted this, that this is really very well done from my standpoint and achieved what I sought to achieve."
Morton asked the amended ordinance be sent out as a notice in an upcoming utility bill so residents can't claim they didn't know selling animals was illegal. He also noted people who legitimately take in a pregnant stray will likely have a history of fostering animals.
"The goal is not to fine people $600 and wind up in court. The goal is to stop the unnecessary birth of puppies and kittens that are not wanted by the owner," Morton said.
Vanessa Victoriano (left) and other Fort Smith Animal Haven staff greet visitors Friday to their mobile adoption cente at a two-day My Furry Valentine adoption event outside Petco in Fort Smith. Visit nwaonline.com/photo for today's photo gallery. (River Valley Democrat-Gazette/Hank Layton)
A dog named Morgan looks out from its crate inside a Fort Smith Animal Haven mobile adoption center on Friday. Visit nwaonline.com/photo for today's photo gallery. (River Valley Democrat-Gazette/Hank Layton)