PROPOSED CITY LEGISATION

MEMPHIS:  THE FOLLOWING ORDINANCE HAS NOT BEEN FORMALLY PRESENTED TO MEMPHIS CITY COUNCIL; HOWEVER, ONCE FINALIZED AND THERE IS SUFFICIENT SUPPORT FOR THE ORDINANCE, IT WILL BE FORMALLY PROPOSED TO THE CITY COUNCIL THAT THE CITY/COUNTY CODE BE CHANGED TO ADD A PROHIBITION AGAINST SELLING OF NON-LIVESTOCK ANIMALS ON THE SIDE OF THE ROAD:

REASON NEEDED:   A disconcerting number of people can be found sitting by the side of the road with signs that say, "X breed for sale" and puppies (they usually have dogs) crawling all over a blanket or in an x-pen.  They are usually back-yard puppy millers with little or no regard for their animals.  Puppies are exposed to the elements, no matter how cold or hot it is, sold to the first person who comes along with $$$$ to buy them, sold as purebreds with no papers, sold at too young of an age, often sold with no vaccinations or wormings, and even in questionable medical condition.  Often, the animals are sold to unsuspecting and economically challenged individuals who do not realize the animals are not suitable as pets or to those who would use the animals for illegal activities, like dog fighting.  It is in the best interest of the citizens of Memphis that this activity be prohibited.  RAOT has drafted the following proposed ordinance for that purpose:

The following draft is subject to revisions:

It shall be a misdemeanor for any person to sell, offer for sale, give away or transfer any non-livestock animal(s) on any street, walkway, or commercial, industrial or publicly-owned property, or at a flea market, or from any vehicle thereon, or from any vacant lot or temporary or improvised stand or structure in the city, by displaying said animal(s) and/or using signage to draw in passersby, unless the person is an employee acting on behalf of the business licensed to do business at that location, or an employee or volunteer of Memphis Animal Services acting on behalf of Memphis Animal Services and in accordance with the mission of animal services, or a Pet Placement Partner associated with Memphis Animal Services, or a volunteer or employee of a nonprofit animal-related organization acting on behalf of the organization and in accordance with the mission of the nonprofit or 501(c)(3), or other tax-exempt organization, on the property with the permission of said business. Each animal in the possession of said person shall be considered a separate misdemeanor.

Violation of this section shall be a misdemeanor and anyone convicted of any such violation shall be fined fifty dollars ($50.00) for each violation.
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Definition of street and walkways same as in Sec. 36-116, Memphis Code of Ordinances

NOTE:  RAOT recognizes the contributions of Phil Snyder of Memphis Animal Services, Attorney Sarah Pitts, the Memphis Kennel Club, David Nutting, Alissa with Save Our Setters, Lisa Trenthem, Stephanie Lane/AKC, Pattie Strand/NAIA, and everyone else who was consulted with or who made suggestions used in drafting the above proposed ordinance.

UPDATE RE STATUS OF THIS ORDINANCE:   Carol Chumney, Council member/Memphis City Council, has reviewed a draft of the proposed ordinance and indicated she will introduce this proposed ordinance if there is broad support for it.  So, STAND UP AND BE COUNTED!!!  If you support the proposed ordinance, please complete our form letter saying so by clicking HERE and we will see that it gets into the right hands.

This is the first in a series of three pieces of legislation that RAOT will be submitting for consideration.  Combined, if enacted, it will make it exceedingly difficult for puppymillers to successfully market dogs or cats in Memphis and any other jurisdiction that chooses to follow suit.