[HISTORY: Adopted by the Board of Trustees of the Village of Williston
Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-18-1976 by L.L.
No. 3-1976 (Ch. 1, § 1.11 of the 1975 Code)]
Under circumstances described in this chapter, the Village Justice may,
upon the application of a public servant acting in the course of his or her
official duties, issue an inspection warrant whenever an inspection of any
place, premises, building or thing is required or authorized by any provision
of the Municipal Code of the Village of Williston Park.
As used in this chapter, the following terms shall have the meanings
indicated:
A court order authorizing a public servant to conduct an inspection
of a designated place, premises, building or thing within the boundaries of
the village.
A.
An inspection warrant may authorize an inspection to
be conducted in any part of the village where process, warrant or other mandates
of the court issuing such inspection warrant may be served or executed.
B.
An inspection warrant must be executed not more than
14 days after the date of issuance.
C.
In the absence of express authorization or limitation
in the warrant, an inspection warrant shall be executed between the hours
of 8:00 a.m. and 9:00 p.m.
A.
An application for an inspection warrant shall be in
writing, subscribed and sworn to by a public servant acting in the course
of his or her official duties.
B.
The application shall contain:
(1)
The name of the court and the name and title of the applicant.
(2)
A statement that the applicant is acting in the course
of his or her official duties and that the inspection requested is authorized
by the Municipal Code of the Village of Williston Park.
(3)
A statement that there is probable cause to believe that
a violation of the Municipal Code exists with respect to a designated place,
premises, building or thing or that such inspection is sought to be made as
part of a routine or area inspection in accordance with legislative or administrative
standards.
(4)
A designation by name, title or classification of the
person or persons authorized by the Municipal Code of the Village of Williston
Park to conduct such inspection.
(5)
Allegations of fact supporting such statements. Such
allegations of fact may be based upon personal knowledge of the applicant
or upon information and belief, provided that in the latter event the sources
of such information and the grounds of such belief are stated. The applicant
may also submit depositions of other persons containing allegations of fact
supporting or tending to support those contained in the application.
C.
The application may also contain a request that the inspection warrant be made executable at any hour of the day or night, on the grounds that there is reasonable cause to believe that the warrant cannot be effectively executed between the hours of 8:00 a.m. and 9:00 p.m. or the inspection cannot be effectively accomplished if not made forthwith. Any requests made pursuant to this subsection must be accompanied and supported by allegations of a kind as described in Subsection B(5) of this section.
D.
The application must contain a statement or allegation
that consent to entry for inspection purposes has been refused or a demonstration
of facts or circumstances reasonably justifying the failure to seek such consent.
A.
In examining an application for an inspection warrant,
the Village Justice may question under oath any persons whom he or she believes
may possess pertinent information.
B.
If the Village Justice is satisfied that grounds exist
for the issuance of a warrant, he or she may grant the application and issue
an inspection warrant directing an inspection of the designated place, premises,
building or thing. If the Village Justice is further satisfied that grounds
exist for authorizing the inspection to be made at any hour of the day or
night, he or she may make the warrant executable accordingly.
An inspection warrant shall contain:
A.
The name of the issuing court and the subscription of
the issuing judge.
B.
A designation by name, title or classification of the
person or persons authorized to execute the warrant.
C.
A description of the place, premises, building or thing
which is the subject of the inspection.
D.
A designation of the place, premises, building or thing
being inspected by means of address, ownership, name or other means essential
for identification.
E.
A direction that the warrant be executed on any day of
the week between the hours of 8:00 a.m. and 9:00 p.m. or, where the court
has specifically determined, an authorization for execution at any time of
the day or night.
A.
Except as authorized in Subsection C, in executing an inspection warrant the person authorized to execute the warrant shall, before entry, give or make reasonable effort to give notice of his or her authority and purpose to the occupant of the place, premises, building or thing designated in the warrant and show the occupant the warrant or a copy thereof on request.
B.
An inspection pursuant to such a warrant shall not be
made by means of forcible entry, except that the Village Justice may specifically
authorize a forcible entry where facts are shown by affidavit sufficient to
create a reasonable suspicion of a violation of a state or local law or regulation
or ordinance relating to building, fire, safety, plumbing, electrical, health
or zoning which, if such violation existed, would constitute an immediate
threat to health or safety or where facts are shown establishing that reasonable
attempts to serve a previous warrant have been unsuccessful. Where prior consent
has been sought and refused, notice that a warrant has been issued must be
given 24 hours before the warrant is executed, unless the Village Justice
finds that immediate execution is reasonably necessary in the circumstances
shown.
C.
In executing an inspection warrant, the person authorized to execute the warrant need not give notice to anyone of his or her authority and purpose as prescribed in Subsection A but may promptly enter the same if the place, premises, building or thing to be inspected is at the time unoccupied or reasonably believed by the person authorized to execute the warrant to be unoccupied.
D.
A peace officer may be requested to assist in the execution
of the inspection warrant. Within 14 days after the warrant is executed, the
person who executed such warrant shall file a return with the Village Justice
who issued the warrant certifying to the execution of the warrant.
