Fort Smith's Animal Ordinances: The Rules That Matter

Every city handles animal ordinances a little differently. In Fort Smith, Arkansas, there are 8 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Animal Hoarding

Fort Smith addresses animal hoarding through two overlapping frameworks: (1) Chapter 4 of the Code of Ordinances, which prohibits keeping animals that constitute a public nuisance or menace, plus the Section 4-108 spay/neuter and microchip mandate that limits how many intact animals a household can keep; and (2) Arkansas state cruelty statutes at A.C.A. Section 5-62-101 et seq., where aggravated cruelty to a cat, dog, or horse is a Class D felony. Fort Smith Animal Services and HOPE Humane Society investigate hoarding complaints.

Key details: Local Hook: Fort Smith Chapter 4 + Section 4-108. State Cruelty: A.C.A. Section 5-62-103 (Class A misd.). Aggravated Cruelty: A.C.A. Section 5-62-104 (Class D felony). Felony Escalation: 4th offense in 5 years = Class D felony. Animal Services: 479-783-6833.

Chapter 4 nuisance and Section 4-108 spay/neuter and microchip violations are enforced by Fort Smith Animal Services with fines up to several hundred dollars per occurrence plus daily continuing-violation penalties and abatement. State criminal penalties under A.C.A. Section 5-62-103 are Class A misdemeanor for first cruelty (up to one year, $2,500); fourth or subsequent offense within five years escalates to Class D felony (up to six years). Aggravated cruelty involving torture of a cat, dog, or horse under A.C.A. Section 5-62-104 is a Class D felony. Convicted defendants are typically barred from owning animals and ordered to pay restitution for veterinary care and sheltering.

This is one of the stricter rules in Fort Smith's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Chickens & Livestock

Fort Smith allows backyard fowl under a 2023-amended ordinance: only ducks and female chickens are permitted, with a maximum of 20 fowl on properties between 21,780 square feet (one-half acre) and five acres. Roosters are banned city-wide to reduce noise and odor. Coops and water features must be kept sanitary and located at least 25 feet from neighboring residential structures. No City permit is required, but fowl must be kept in fenced rear yards.

Key details: Max Fowl: 20 (hens and ducks only). Lot Size: 21,780 sq ft to 5 acres. Roosters: Banned city-wide (Aug 2023). Coop Setback: 25 ft from neighbor residence. City Permit: None required.

Keeping a rooster, exceeding the 20-fowl cap, locating a coop within 25 feet of a neighboring residence, or keeping fowl on a property under one-half acre or over five acres are Chapter 4 violations enforced by Fort Smith Animal Services at 479-783-6833. Citations typically run $100 to $500 per occurrence with abatement orders requiring removal of birds and corrective relocation of coops. Continuing violations may be cited daily until compliance is achieved.

Breed Restrictions

Fort Smith does not have a breed-specific ordinance — pit bulls, Rottweilers, and other breeds are not banned by the City. Arkansas does not preempt local breed-specific legislation, so cities are free to enact bans, but Fort Smith has chosen not to. Chapter 4 of the Code of Ordinances regulates dogs by behavior (at-large, vicious, dangerous) rather than by breed. Surrounding Arkansas cities (Beebe, Pine Bluff, Jacksonville, North Little Rock, Little Rock) do have pit bull bans, so check the specific jurisdiction before relocating.

Key details: Fort Smith BSL: None. Pit Bulls: Legal — no breed ban. State Preemption: None — AR allows local BSL. Code Hook: Behavior-based Chapter 4. Nearby Bans: Little Rock, North Little Rock, Pine Bluff.

Because Fort Smith has no breed-based ordinance, no City citation may be issued solely based on a dog's breed. Behavior-based violations under Chapter 4 (at-large under Section 4-56, vicious or dangerous animal designations) carry fines up to $250 per occurrence plus impoundment, sheltering, and potential mandatory confinement, muzzling, or removal orders. Failure to comply with rabies vaccination under A.C.A. Section 20-19-301 et seq. carries separate state penalties enforced by the Arkansas State Board of Health.

If you are coming from a city with tighter rules, you will find Fort Smith gives residents more flexibility on breed restrictions.

Wildlife Feeding

Fort Smith bans unattended feeding of stray dogs, stray cats, feral cats, deer, geese, ducks, raccoons, fowl, and other wildlife under a Chapter 4 ordinance addressing nuisance attractants. Statewide, Sebastian County sits inside the Arkansas Game and Fish Commission's Chronic Wasting Disease (CWD) Management Zone as a Tier 2 county, which makes it unlawful under AGFC Regulation 7.06 / E1.12 to feed wild deer or elk for any purpose. Bird feeders are not banned but must be maintained to avoid attracting vermin.

Key details: Local Ordinance: Feeding strays/wildlife banned (Chapter 4). Covered Animals: Deer, geese, ducks, raccoons, fowl, strays. CWD Zone Status: Sebastian County = Tier 2. State Deer-Feeding Ban: AGFC E1.12 / 7.06. Bird Feeders: Allowed if maintained.

Fort Smith Chapter 4 violations for unattended wildlife or stray feeding are enforced by Animal Services with fines and abatement orders requiring removal of feed and clean-up. AGFC violations under Regulation E1.12 / 7.06 for feeding deer or elk inside the CWD Management Zone are enforced by Wildlife Officers with state fines, hunting-privilege consequences, and required removal of bait or feed. Repeated violations that draw deer or bears into Fort Smith neighborhoods can also trigger written notices prohibiting further activity at that location.

Compared to other cities, Fort Smith takes a harder line on wildlife feeding. The enforcement and penalty structure reflects that.

Dog Leash Laws

Fort Smith Code of Ordinances Section 4-56 (At-large dog or cat) prohibits owners from allowing dogs or cats to be at large within the city — animals must be on a leash and under the owner's control whenever outside a secure enclosure. The 2023 animal ordinance overhaul (Section 4-108) also requires all dogs and cats to be microchipped and spayed or neutered unless continuously secured. Violations of Section 4-56 carry a maximum fine of $250 per occurrence, and Fort Smith Animal Services handles impoundment.

Key details: Code Hook: Fort Smith Code Section 4-56. Max Fine: $250 per at-large incident. Microchip Required: Section 4-108 (effective 7/17/2023). Spay/Neuter Required: Section 4-108 (unless secured). Animal Services: 479-783-6833.

Section 4-56 violations are punishable by a fine of up to $250 per occurrence, with each separate at-large incident counted as a separate violation. Impounded animals incur sheltering, reclaim, and (under Section 4-108) sterilization fees before release. Failure to microchip or spay/neuter after the 15-day cure period triggers additional citations. Failure to maintain current rabies vaccination violates A.C.A. Section 20-19-301 et seq. and is enforced by the Arkansas State Board of Health alongside local Animal Services.

Beekeeping

Fort Smith's Code of Ordinances does not contain a dedicated urban-beekeeping chapter, so backyard hives sit in regulatory gray space governed by Chapter 4 nuisance provisions and zoning review. Arkansas state law at A.C.A. Section 2-22-110 (the Arkansas Bee Law) requires every beekeeper to register every apiary location with the Arkansas Department of Agriculture's Apiary Section within ten days of acquiring bees. Registration is free. Hives that trigger neighbor complaints can draw nuisance citations under Chapter 4.

Key details: Fort Smith Urban Beekeeping: Not expressly authorized. Likely Local Hook: Chapter 4 nuisance review. State Registration: Required — A.C.A. Section 2-22-110. State Authority: AR Dept. of Agriculture Apiary Section. Registration Fee: Free.

Hives that produce swarms, stinging incidents, or otherwise become a public nuisance can be cited under Chapter 4 of the Code of Ordinances with fines up to several hundred dollars per occurrence and abatement orders requiring hive removal. Failing to register an apiary with the Arkansas Department of Agriculture under A.C.A. Section 2-22-110 is a separate state-law violation enforced by the State Plant Board, with civil penalties and potential quarantine orders. Bees adjudicated a public nuisance can be ordered removed regardless of registration status.

Exotic Pets

Fort Smith's Chapter 4 of the Code of Ordinances addresses dangerous and wild animals through general nuisance and restraint provisions, and exotic species are not listed as a customary residential accessory use under the zoning code. Statewide, the Arkansas Game and Fish Commission Code (notably AGFC Code 9.02 and the Captive Wildlife rules at AGFC R1.01 et seq.) restricts private ownership of large carnivores, primates, bears, and many native wildlife species — no new permits for large carnivores have been issued in Arkansas since 2005.

Key details: Local Hook: Fort Smith Chapter 4 + zoning. State Authority: Arkansas Game and Fish Commission. Large Carnivores: No new private permits since 2005. Restricted Species List: AGFC R1.01 / Code 9.02. Animal Services: 479-783-6833.

Keeping a dangerous or wild animal in Fort Smith in violation of Chapter 4 is enforceable by Animal Services with fines up to several hundred dollars per occurrence plus abatement orders requiring removal of the animal at the owner's expense. Possessing restricted captive wildlife under AGFC rules without a valid permit is a separate state violation enforced by AGFC Wildlife Officers with fines, animal seizure, and placement in a licensed sanctuary at the owner's expense. Restricted large carnivores and primates are effectively unavailable to private owners through the Arkansas permit process.

This is one of the stricter rules in Fort Smith's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Pet Limits

Fort Smith's Code of Ordinances does not impose a single fixed numerical cap on household dogs and cats, but Section 4-108 (effective July 17, 2023) requires every dog and cat kept as a pet within the city to be spayed/neutered and microchipped unless continuously secured — and a breeder license costing $1,000 per intact breeding animal is required for anyone wishing to keep intact dogs or cats for breeding. Chapter 4 nuisance provisions and the Arkansas cruelty statutes layer additional limits on over-capacity homes.

Key details: Household Cap: No fixed numerical limit codified. Local Hook: Chapter 4 nuisance + Section 4-108. Spay/Neuter Mandate: Section 4-108 (unless secured). Microchip Mandate: Section 4-108. Breeder License: $1,000 per intact breeding dog/cat.

Fort Smith does not issue citations based on a fixed pet count because no fixed cap exists. Multi-pet households that generate nuisance conditions are cited under Chapter 4 with fines plus abatement. Failure to spay/neuter or microchip after the 15-day cure period under Section 4-108 carries citations and additional fees if the animal is impounded. Keeping intact dogs or cats for breeding without paying the $1,000-per-animal breeder license fee violates Section 4-108. Conditions amounting to hoarding can escalate to A.C.A. Section 5-62-103 (Class A misdemeanor; Class D felony on fourth offense in five years) and Section 5-62-104 (Class D felony for aggravated cruelty).

The Bottom Line

Fort Smith is tougher than many cities when it comes to animal ordinances. Out of the 8 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in Fort Smith, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Fort Smith can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.