ORDINANCE NO. BL2009-606

An ordinance amending Chapter 8.12 of the Metropolitan Code pertaining to the outdoor sale or gifting of animals.

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Chapter 8.12 of the Metropolitan Code is hereby amended by adding the following new Section 8.12.100:

8.12.100 Outdoor sale or gifting of animals prohibited.
A. It is unlawful for any person to display in any outdoor public place within the area of the metropolitan government dogs, cats, or other domestic animals for the purpose of giving the animal(s) away or selling the animal(s). For purposes of this ordinance, “outdoor public place” includes streets, roads, highways, thoroughfares, intersections, sidewalks, public rights-of-way, and parking lots (whether publicly or privately-owned).
B. The provisions of this section shall not apply to:
1. The animal control division of the department of health;
2. Licensed dealers under Tenn. Code Ann. § 44-17-101, et seq., at their place of business; or
3. Any legally recognized non-profit entity organized pursuant to section 501(c) of the IRS Code whose primary purpose is the care and adoption of animals.
C. Nothing in this section shall prevent a person from selling or giving away dogs, cats, or other domestic animals owned by that person from their own residence or place of business.

Section 2. That this Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Karen Bennett

LEGISLATIVE HISTORY

Introduced: December 15, 2009
Passed First Reading: December 15, 2009
Referred to: Health, Hospitals and Social Services Committee
Passed Second Reading: January 19, 2010
Passed Third Reading: February 2, 2010
Approved: February 3, 2010
By: