FORT SMITH, Ark. (KNWA/KFTA) — The Fort Smith Board of Directors voted unanimously on Feb. 7 to approve a new animal ordinance for the city.

According to the new ordinance, the transfer of animals within the corporate city limits is prohibited, saying “no person or entity shall sell, trade, offer as gift, or give away any animal at any location in the corporate city limits of Fort Smith.”

The prohibition applies to both Transient Merchants and holders of Temporary Use Permits.

Due to the complexity in reading and understanding city ordinances, Fort Smith has issued a release answering many frequently asked questions:

What article does this new ordinance amend? 

The ordinance prohibiting the transfer of animals within the corporate limits of the City of Fort Smith is an amendment to Article IV, Section 4-96 of the Fort Smith Municipal Code and Section 27-701-3E. Of the Unified Development Ordinance. 

How can I view the new ordinance in its entirety? 

The ordinance can be viewed here in its entirety (page 71 in the PDF). 

What is the consequence for violating the ordinance? 

Violating the ordinance is a misdemeanor and will result in a $600 fine. 

When will the new ordinance go into effect? 

This new ordinance will take effect on March 7, 2023. 

How did this topic originate? 

The topic was originally introduced on the agenda at the November 10, 2022 Study Session, then the topic was placed on the agenda for discussion at the January 3, 2023 Regular Meeting. At the January 3, 2023 Regular Meeting, the topic was tabled to the February 7, 2023 Regular Meeting where the ordinance was approved.

How did the new ordinance originate?

The new animal ordinance originated in an effort to promote responsible pet ownership in the City of Fort Smith. The topic of the new ordinance was first introduced at the November 10, 2022 Study Session.

What are the contributing factors that led to the ordinance being passed? 

With an increasing number of stray animals in Fort Smith, the City of Fort Smith Board of Directors passed unanimously on February 7, 2023, an ordinance prohibiting the transfer of animals within the corporate limits of the City of Fort Smith.

How will the new ordinance be enforced? 

Violations of the new ordinance will be enforced by the Fort Smith Police Department. 

– Enforcement officials, which include police officers and animal wardens, have the ability to use discretion in the enforcement of all ordinances, which includes no action, warnings, citations and arrest if necessary.

– The prosecutor’s office may also decline to pursue charges after reviewing all of the facts if a citation is issued or an arrest is made.

– The Fort Smith Police Department is in process of developing internal policies to guide its employees in the application of the new ordinance.

What if I suspect or observe a violation of the ordinance? 

If you suspect or observe animals being transferred in violation of this ordinance, please call the FSPD at 479-709-5000. Please remember that the ordinance does not go into effect until March 7, 2023. 

Can transfer of ownership of animals occur without age-appropriate vaccines? 

No person or entity shall transfer the ownership of animals without first causing the animal to receive age-appropriate vaccinations by a licensed veterinarian.

Are there any exceptions to the ordinance? 

Yes, there are several exceptions:

– Retail animal sales business operated from a permanent physical location owned or leased by the business, properly zoned pursuant to the UDO, and holding a properly issued business license.

– Home occupation location which provides animal ownership transfer activities solely from a permanent physical location owned or leased by the home occupation, properly issued a home occupation license after approval pursuant to Section 27-338 of the UDO, and holding a properly issued business license.

– Any governmental, for-profit, or non-profit entity operating an animal shelter pursuant to an agreement with the City of Fort Smith which provides animal ownership transfer activities solely from a permanent physical location properly zoned pursuant to the UDO.

– A kennel licensed and operated pursuant to Section 4-119(a) of the Fort Smith Municipal Code which provides animal ownership transfer activities solely from the permanent physical location of the kennel.

– A person or entity holding and in compliance with a Breeder License issued pursuant to Municipal Code Section 4-145 which provides animal ownership transfer activities solely from a permanent physical location owned or leased by the person or entity, and properly zoned pursuant to the UDO.

– A resident of the City of Fort Smith who owns an animal and who transfers ownership of the animal, not in the course of business, because of inability or absence of desire to care for the animal. Any second or subsequent such transfer of ownership of an animal during the period of six months from the date of the initial transfer shall be deemed prima facie proof of acting in the course of business. 

Is there anything else prohibited under the animal ordinance? 

Keeping or raising of small domestic animals for commercial purposes in residential zones is also prohibited.

Are there any additional clarifications to the new ordinance?

– To be aligned with the new animal ordinance, residents who may come into contact with a stray dog or cat, including dogs or cats that are pregnant, should bring the animal to the shelter and not attempt to rehome the animal themselves.

– It is not the intent for the new animal ordinance to prohibit providing a family member with a dog or cat. 

– Charitable organizations and auctions are prohibited to the transfer of animals within the corporate limits of the City of Fort Smith.

Will there be any updates to the new ordinance before it takes effect on March 7? 

Amendments and changes to the current ordinance can be proposed and discussed as the new ordinance takes effect on March 7, 2023.