Fort Smith considers requiring permit to sell animals in city

FORT SMITH — City directors are still looking for a way to keep stray cats and dogs from running through the city.

On Tuesday, the directors decided to table a proposal to established a $300 permit to sell animals in the city with a $600 fine for violating the ordinance.

Deputy City Administrator Jeff Dingman, in a memo to City Administrator Carl Geffken, explained city code already requires any sale of animals in Fort Smith must be done from a permanent, physical location properly licensed and zoned for such activity. The provision prohibits the sale of animals — especially puppies and kittens — from random locations such as parking lots or roadsides, Dingman said.

The directors previously discussed stray animals in November, when Dingman said it has been an issue for over a decade.

Ward 3 Director Lavon Morton requested the permit have an expiration date so sellers would need a new permit for each litter of puppies or kittens they have. He also asked businesses such as PetSmart and Petco be allowed to sell animals without the permit, as he doesn’t think they contribute to the number of strays.

At-large Director Kevin Settle noted the ordinance doesn’t stop people from selling animals right outside the city, similar to places that sell fireworks.

Ward 1 Director Jarred Rego said the city already has a standard penalty of $600 for violating an ordinance, so the amendment would essentially just add a $300 permit.

“I want us to avoid the pitfall of the politician, which is where you put another piece of paper into the law and pat yourself on the back and say we’ve done everything we can do,” Rego said. “Is there a different decision for enforcement in the new year? If we’re going to do this, we want it to make an actual difference.”

Geffken said the city will be working more with the chief of police, Animal Control and Neighborhood Services. He also said residents can call the Police Department’s nonemergency number if they see someone selling animals illegally.

City Attorney Jerry Canfield said the proposal would require a permit to give away animals. Directors discussed how this could impact people trying to rehome a stray animal they’ve found or a pet they can no longer care for.

“It’s very hard to legislate morality, as we all know, and that’s what we’re trying to do here,” Geffken said.

Geffken said at the meeting 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 nokill format, which the Animal Humane Society defines as finding homes for at least 90% of animals in their care. The only way the city will be able to cut costs is by finding a way to require spaying and neutering, he said.

Cindy Scott, director of Artemis Project, which rescues and rehabilitates homeless and neglected animals in the River Valley, also asked the directors to consider requiring animals to have age-appropriate vaccines before they’re sold. She said this will help prevent shelters and buyers from receiving dogs with parvo.

Canine parvovirus is highly contagious and can affect all dogs, 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.

The directors agreed to table the proposal until the first meeting in February in order to address directors’ concerns with it.