(A) It shall be unlawful for a person to harbor, keep or own more than five dogs, cats or potbellied pig or any combination of dogs, cats and/or potbellied pig in a residential apartment, mobile home, house or yard within the city. Infant nursing dogs (puppies), nursing cats (kittens) and nursing potbellied pig (piglet) are excluded.
(B) Notice and prosecution. Prior to a prosecution under this section, the police chief or animal services officer shall mail and/or deliver written notice of the violation of the maximum number of animals allowed in a residence by certified mail, return receipt and/or posting a notice on the entry door of the residence. In the notice, the police chief shall include a deadline for compliance of at least ten (10) days from the date of notice. After this deadline passes, if no compliance is achieved, the police chief shall authorize the animal services officer to issue a citation for an offense under this section and/or to remove the animals from the location in the discretion of the animal services officer if necessary to preserve the health, safety and welfare of the animals and people involved. At the discretion of the animal services department head, the chief of police, the compliance period may be eliminated and immediate action authorized if there exists a present threat to the health and safety of the animals or any person.
(C) Administrative search warrant. Any investigation of a premises pursuant to this section requiring access to the interior of a yard, interior of a habitation or any other location a landowner has a right to the expectation of privacy, shall be achieved by applying for an administrative search warrant with the Godley Municipal Court of Record or a duly authorized Johnson County magistrate.
(Ord. 01-04-2018-ANIMAL, passed 1-4-2018)