§ 8-8-13. Roadside sale of animals prohibited.

A.

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.

B.

This section shall not apply to any city animal shelter or nonprofit organization founded for the purpose of providing humane sanctuary or shelter for abandoned or unwanted animals or any dealer licensed to sell at a flea market pursuant to T.C.A. § 44-17-101 et seq.

C.

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 licenses or permits to conduct such activity.

D.

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 immediately adjacent to such store's physical address.

E.

The sale, exchange, trade, barter, lease, rent, donation or display for a commercial purpose of each animal in violation of this section shall constitute a separate violation and be punishable by fine up to $50.00 in accordance with section 8-20-10.

F.

Once a citation or ordinance summons has been issued for a violation of this section, the violator must immediately discontinue the activity.

(Ord. No. 5300, § 1(5-15), 4-21-2009; Ord. No. 5390, § 2, 1-4-2011)

State law reference

Authority to issue ordinance summons in lieu of arrest, T.C.A. § 7-63-201.