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RIGHT OF ENTRY FOR INSPECTION
Sections:
1.12.010 Generally.
1.12.020 Emergencies.
1.12.030 Unlawful to resist official entry when.
1.12.040 Search warrant-Jurisdiction of municipal court.
1.12.050 Seizure of property.
1.12.060 Return of warrant-Inventory required.
1.12.010 Generally.
Whenever necessary to make an inspection for the purpose of enforcing any ordinance
or resolution or regulation of the city, or whenever there is reasonable cause
to believe that there exists in any building or upon any premises within the
jurisdiction of the city any violation of a city ordinance, resolution or regulation,
any police agent or other authorized official of the city may enter such building
or premises at all reasonable times to inspect the same, or to perform any duty
imposed upon the police agent or official by law; provided, that if such building
or premises are occupied, he shall first present proper credentials and demand
entry; and if such building or premises are unoccupied, he shall first make
a reasonable effort to locate the owner and/or occupant or other person or persons
having charge or control of the building or premises, and upon locating the
owner, occupant or other person or persons to present proper credentials and
demand entry. If such entry is refused, such police agent or official shall
give the owner and/or occupant or person in charge or control of the building
or premises, or if the owner and/or occupant or person in charge or control
cannot be located after a reasonable effort, he shall leave at the building
or premises, a twenty-four hours' written notice of his intention to inspect.
The notice given to the owner and/or occupant or person in charge or control
or left on the premises as aforesaid shall state that the property owner has
the right to refuse entry and that in the event such entry is refused, inspection
may be made only upon issuance of a search warrant by a Municipal Judge of the
city. After the expiration of the twenty-four hour period from the giving or
leaving of such notice, the police agent or official may appear before any Municipal
Judge of the municipal court of the city and upon a showing of probable cause,
which shall be made in writing and under oath, shall obtain a search warrant
entitling him to enter into the building or upon the premises. Upon presentation
of the search warrant and proper credentials, or possession of the search warrant
and proper credentials in the case of an unoccupied building or premises, the
police agent or official may enter into the building or upon the premises using
such reasonable force as may be necessary to gain entry therein.
For the purposes of this section, a determination of "probable cause"
will be based upon reasonableness as the ultimate standard, and if a valid public
interest justifies the intrusion contemplated, then there is probable cause
to issue a search warrant. The standard necessary to determine the probable
cause will vary with the municipal program being enforced, but may be based
upon the passage of time, the nature of the building or premises, the condition
of the building, premises, or structure, or of the entire area, or the need
to inspect in order to enforce the provisions of municipal ordinance, resolution
or regulation. The police agent or official will not be required to demonstrate
specific knowledge of the condition of the particular building, premises, or
structure in issue in order to obtain a search warrant under this chapter. (Ord.
O-72-24 § 1, 1972).
1.12.020 Emergencies.
Whenever an emergency situation exists in relation to the enforcement of any
of the provisions of municipal ordinance, resolution or regulation, a police
agent or an official of the city may enter into any building or upon any premises
within the jurisdiction of the city upon a presentation of proper credentials
in the case of an occupied building or premises, or possession of the proper
credentials in the case of unoccupied buildings or premises. In an emergency
situation, the agent or official may use such reasonable force as may be necessary
to gain entry into any building or upon any premises.
For the purposes of this section, an emergency situation includes but is not
limited to any situation where there is imminent danger of loss of life, limb
and/or property caused by explosive materials, disease, fire, structural weakness,
or any other condition which could cause such imminent danger, whether similar
or dissimilar. (Ord. O-72-24 § 2, 1972).
1.12.030 Unlawful to resist official entry when.
It is unlawful for any owner and/or occupant of any building or premises to
resist reasonable force used by a police agent or any other authorized official
acting pursuant to Sections 1.12.010 or 1.12.020. (Ord. O-72-24 § 3, 1972).
1.12.040 Search warrant-Jurisdiction of municipal court.
Any Municipal Judge of the municipal court of the city shall have power to issue
a search warrant upon a showing of probable cause for the implementation of
inspection as provided for in Section 1.12.010. (Ord. O-72-24 § 4, 1972).
1.12.050 Seizure of property.
If any property is seized incident to or as a result of an entry or search made
under this chapter (and nothing contained in this chapter shall be taken to
authorize an unlawful seizure), the person taking the property shall give to
the person from whom or from whose premises the property was taken a copy of
any search warrant issued and a receipt for the property taken, specifically
describing the property; or shall leave such copy and receipt at the place from
which the property was taken, posted or left in a conspicuous place within or
upon the premises searched or inspected, if the premises are unoccupied at time
of search or inspection.
If the person from whose possession or premises property is taken is present
at the time of the seizure, the receipt shall be filled out in the presence
of such person; provided, however, that if for any reason the receipt cannot
be filled out in the presence of such person, or if the premises are unoccupied,
then the receipt shall be filled out in the presence of at least one credible
person other than the applicant for the warrant. (Ord. O-72-24 § 5, 1972).
1.12.060 Return of warrant-Inventory required.
After a search or inspection under authority of any search warrant issued from
the municipal court, the return of such warrant shall be made promptly and within
ten days after the date of the warrant. It shall be accompanied by a verified
written inventory of any property taken under the warrant, which may consist
of a true copy of the receipt referred to in Section 1.12.050. If a copy of
the receipt is returned to the court as such inventory, it shall be verified
by the person who made the search or inspection and seizure. (Ord. O-72-24 §
6, 1972).
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