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AN ORDINANCE BANNING THE ROADSIDE SALE OF ANIMALS, ESTABLISHING PENALTIES AND FOR OTHER PURPOSES
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS THAT:
WHEREAS, the roadside sale of animals, particularly dogs, poses not only traffic risks but other potential hazards that could affect the safety and well-being of the entire population; and
WHEREAS, the roadside sale of roadside animals, poses potential health hazards as many of the animals have not been vaccinated, spayed or neutered, or undergone health screenings to identify diseases that can infect other animals or humans; and
WHEREAS, the roadside sale of animals is often the result of puppy mill breeding or impulsive purchasing resulting in abandonment.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF THAT :
1) It shall be unlawful for any person, firm or corporation, to attempt to sell, exchange, trade, barter, lease, rent, donate or display for a commercial purpose any animal on any roadside, public right-of-way, parkway, median, park, playground, swimming pool, other recreation area, or commercial or retail parking lot that is generally accessible by the public, regardless of whether such access is authorized.
2) This section shall not apply to any city animal shelter or non-profit organization founded for the purpose of providing humane sanctuary or shelter for abandoned or unwanted animals.
3) This section shall not be construed to prohibit the sale of certain animals by those engaged in the business of selling the same for consumption and who have obtained the appropriate license, privilege license or permits to conduct such activity.
4) This section shall not be construed to prohibit a properly licensed for-profit store from selling or donating any animals on the walkway or parking lot immediate adjacent to such stores physical address.
5) The penalty for violation of this Ordinance shall be a fine not to exceed one hundred dollars ($100.00). Further, each animal involved in a violation of this ordinance shall constitute a separate offense for purposes of this ordinance.
6) The provisions of this Ordinance are hereby declared to be severable. If any of these sections, provisions, sentences, clauses, phrases, or parts are held unconstitutional or void, the remainder of this Ordinance shall continue in full force and effect.
7) Further, due to the hazards found to be caused by roadside sales, an emergency is declared to exist. This Ordinance shall take effect immediately upon its passage and approval.