Fort Smith, Arkansas

Sec. 4-37. – Right to redeem.

(b) An animal will not be released from the shelter or impoundment facility until it is microchipped and spayed or neutered, if applicable. Any costs associated with such services will be included in the impoundment fees paid by the owner.

Sec. 4-108. – Spay or neuter of dogs and cats required.

(a) In order to control the pet population, dogs and cats kept as pets within the corporate limits of the city must be sterilized/altered. Female dogs and cats having reached reproductive age must be spayed and male dogs and cats having reached reproductive age must be neutered unless secured at all times on a leash or within a secured building, enclosure or yard.

(b) Any altered animal impounded by the city may be released to the owner upon verification that the animal is microchipped and payment of any associated fines or impoundment fees. Any fines or fees against the owner shall not be discharged until such time as the owner provides proof of compliance with the provisions of this chapter.

(c) Any unaltered animal impounded by the city will be spayed or neutered, and may be released to the owner upon verification that the animal is microchipped and payment of any associated fines, impoundment fees, and fees associated with altering the animal. Any fines or fees against the owner shall not be discharged until such time as the owner provides proof of compliance with the provisions of this chapter. An owner seeking to redeem his or her animal from the impoundment facility must pay the fee to alter such animal, or else forfeit ownership of the animal to the ownership of the facility.

(d) Any unaltered, unclaimed animals delivered to the shelter or impoundment facility will not be released or adopted out until they are both microchipped and altered.

(e) Exceptions to the spay/neuter requirements herein may be granted upon certification by a licensed veterinarian that sterilization surgery is of significant health risk to a specific animal due to age or health condition.

(f) The city may make available vouchers toward the spay or neuter of dogs or cats. Animal owners may request such vouchers from the chief of police (or designee) which shall distribute any available vouchers on a first come, first served basis, limited to one voucher per pet per household per calendar year. The number and amount of vouchers may vary from year to year depending upon funds available and budgeted for such purpose.

(1) Upon providing sufficient proof of residency and income, any qualified resident of the City of Fort Smith may obtain from the chief of police (or designee) a voucher toward the cost of sterilization surgery performed within the corporate boundaries of the city by a participating veterinarian or animal organization with surgical capabilities for an animal owned by the resident.

(2) To be eligible for the voucher, the owner must provide proof that the animal is microchipped and has a current rabies vaccination. Redemption of the voucher requires that dogs/puppies have distemper/parvo and Bordetella vaccinations and cats/kittens have FVRCP and FELV vaccinations, and/or a protective titre test within 30 calendar days.

(3) The specific policies, qualifications, requirements, allocations, processes or other items related to the voucher program shall be established and updated from time to time by resolution of the board of directors.

Sec. 4-160. – Breeder license for dogs or cats.

(a) A breeder license may be issued by the city for an intact dog or cat at a cost of $1,000.00 per dog or cat used for breeding purposes. A breeder license is in addition to and must be accompanied by a business license issued by the city.

(b) Each breeder license shall be valid for one year from the date of issuance and must be renewed annually on or before its expiration date. A separate license must be obtained for each owned dog or cat that is used for breeding purposes. To obtain a breeder license, each dog or cat owner or possessor shall submit the following application information:

(1) The owner’s name;

(2) Proof of rabies vaccination as required in section 4-63 of this Code;

(3) The dog or cat owner’s address;

(4) The dog or cat owner’s phone number;

(5) The dog or cat’s name; and

(6) The pet’s general description (such as breed, color, etc.).

(c) Along with the information required above, each dog or cat owner or possessor shall present proof that the dog or cat has been microchipped, including the microchip number. Each dog or cat born to any licensed breeding dog or cat must be microchipped, and also sterilized upon reaching sufficient reproductive age.

(d) The city shall not knowingly issue a breeder license to a person who has been convicted of animal cruelty or neglect, or who has previously been determined to be in violation of the city’s requirements for dogs or cats.

(e) A breeder license shall contain the following terms and conditions:

(1) No offspring may be sold, adopted, bartered, gifted or otherwise transferred whether for compensation or otherwise until it has reached the age of at least six weeks.

(2) No offspring may be sold, adopted, bartered, gifted or otherwise transferred whether for compensation or otherwise until immunized against common diseases as directed by a licensed veterinarian and sterilized if it has reached reproductive age. The transfer of a dog or cat shall include a statement signed by the transferor or transferee attesting to the signatory’s knowledge of the dog or cat’s health and the immunization history.

(3) Any holder of a breeder license who advertises to the public the availability of any dog or cat for sale, adoption, barter, gift, or transfer, whether for compensation or otherwise, must prominently display the breeder license number to any person who purchases, adopts or receives any dog or cat from the breeder license holder and include the breeder license number on any receipt of sale or transfer document, shall obtain a sales tax permit and comply with all regulations of the state of Arkansas Department of Finance and Administration then or thereafter in effect.

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(5) Any breeder license holder selling or otherwise transferring a dog or cat, whether for compensation or otherwise, shall submit to the city animal control department the name, address, and telephone number of the dog’s or cat’s new owner within five days from the sale or transfer.

(6) Any breeder license holder or commercial establishment selling or otherwise transferring dogs or cats, whether for compensation or otherwise, shall provide to the new dog or cat owner the information regarding the microchip requirements of the city.