Sec. 7-1-50. Right of entry.
Whenever an entry onto or inspection of a premises is necessary to enforce any provisions of this Chapter, or whenever an authorized public servant has probable cause to believe that a public nuisance exists on any premises, the Town Manager, Building Inspector, Fire Chief or any peace officer may enter and inspect the premises and may perform any duty imposed upon them by this Article or by an order of any court. The procedure for entry onto the premises for the purpose of inspection shall be as follows:
(1) Demand. The person seeking entry shall first present proper credentials to the occupant of the premises and demand entry. If the premises are unoccupied, the person seeking entry shall first make reasonable efforts to locate the owner of the premises or other person who has charge or control over the premises. If such person is located, the person seeking entry shall present credentials to, and demand entry from, such person. If consent to the entry is given, the person seeking entry shall enter.
(2) Notice of intent to inspect. If entry is refused or if the owner, occupant or person in charge of the premises cannot be located after a reasonable effort, the person seeking entry shall leave at a prominent place at the premises a written notice of intent to inspect. The notice shall be addressed to the owner, occupant and/or person in charge of the premises, and shall state:
(a) That the addressee has the right to refuse entry to anyone who does not have a search warrant; and
(b) That, in the event of such a refusal, entry and inspection shall be made only with the aid of a duly issued search warrant.
(3) Warrant. If permission to enter has not been received within twenty-four (24) hours of the posting or delivery of the notice of intent to inspect, the person seeking entry may apply for a search warrant before the judge of any court having jurisdiction. A search warrant shall issue upon the applicant’s showing, in written affidavit, that there is probable cause to believe that a public nuisance exists on the premises. The applicant shall not be required to show knowledge or intent on the part of the author of the public nuisance.
(4) Resisting warrant. Any public servant or peace officer acting under a search warrant may use reasonable force to gain entry to the premises described in the warrant. It is unlawful for any owner or person in charge of the premises to resist the entry onto the premises of any person acting pursuant to a search warrant.
(5) Emergency. Emergency, as used in this Paragraph, means any situation where there is imminent danger of loss of life, limb and/or property. Whenever an alleged public nuisance on any premises is reasonably believed to create an emergency, the Town Manager, the Fire Chief, any peace officer or an agent of any of them may enter those premises. If such premises are occupied, however, the person shall present proper credentials before entering. (Prior code 8.04.040; Ord. 1288 §1, 2008)