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Fort Smith, AR Animal Ordinances: Pet Store Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Fort Smith City Code § 4-151
Retail exception
Licensed, zoned, physical-location pet shops exempt
Breeder license fee
$1,000 per breeding dog or cat
Casual rehoming limit
One free transfer per 6 months

Summary

Fort Smith bans casual animal sales citywide but exempts licensed pet stores, kennels, breeders, and shelters operating from a permanent, properly zoned location with a business license.

Except as provided in (b) of this section, 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 set forth in (a) shall not apply: (1) To a 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...

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 4).

Full Breakdown

City Code § 4-151 makes it unlawful to sell, trade, gift, or give away any animal anywhere in Fort Smith unless an exception applies. A retail pet shop qualifies only if it operates from a permanent physical location it owns or leases, is properly zoned under the Unified Development Ordinance, and holds a city business license. Licensed kennels, breeders holding a $1,000 breeder license, and shelters under city agreement can also transfer animals. Casual individuals may rehome their own pet once every six months without a license; a second transfer within that window is treated as unlicensed business activity.

Violations & Fines

Selling or transferring an animal without a qualifying exception is a Code violation punishable by up to $1,000 for a first offense, $2,000 second, $4,000 thereafter (§ 1-9); licenses can also be revoked (§ 4-161).

Frequently Asked Questions

Can a pet store in Fort Smith legally sell dogs and cats?
Yes: if it operates from a permanent, properly zoned location and holds a city business license under § 4-151(b)(1).
Is it legal to give a pet away for free in Fort Smith?
Only under an exception: a licensed shelter, kennel, breeder, or a resident rehoming their own pet no more than once every six months.

Sources & Official References

Other rules in Fort Smith

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All Fort Smith rules

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