[Ord. No. 584, 9-12-2017]
A. For Inspection And/Or Performance Of Duty. A City official or City-authorized
inspector may enter upon any real property, building or structure
in the City in order to perform any appropriate act within the scope
of the official's or inspector's duties, without permission
and without authority of a court order, to the extent that the property
entered upon appears to be lawfully accessible to other adult citizens
without the express consent of any owner, tenant or occupant. A City
official or City-authorized inspector may enter upon any other real
property, building or structure in the City or part thereof in order
to perform any appropriate act within the scope of the official's
or inspector's scope of duties after appropriate identification
and the consent of an owner, tenant or occupant thereof. A City official
may obtain the aid of a court of competent jurisdiction to obtain
entry upon any real property, building or structure in the City. No
person shall intentionally refuse or impede any entry authorized by
this Section.
B. In Emergency Or Exigency. A City official or City-authorized inspector
may, upon appropriate identification, enter upon appropriate identification,
enter upon any real property, building or structure in the City to
perform any appropriate act within the scope of the official's
or inspector's scope of duties in response to an emergency or
exigency, without warrant or consent. An emergency or exigency exists
whenever there is probable cause to believe that a past, present or
future violation of a law or ordinance presents an immediate and substantial
danger to persons or property and reasonable requires action to avert
the danger or its full impact before a court order or warrant authorizing
entry may be obtained from a court of competent jurisdiction. Hot
pursuit shall be deemed an emergency or exigency. An exigency shall
also be deemed to exist whenever a City official or a City-authorized
inspector observes something in plain view from a place where the
officer or inspector has a right to be and has reasonable grounds
to believe that awaiting consent or a court order or warrant would
prevent the effective performance of the officer's or inspector's
duties. No person shall refuse or impede such entry knowing that such
official or inspector is acting under the reasonable belief that an
emergency or exigency exists.
C. Limits Of Entry.
1.
When any City official or City-authorized inspector is authorized
to enter upon any real property, building or structure in the City,
all persons assisting such officer or inspector shall enjoy the same
privileges and be subject to the same disabilities as the officer
or inspector in entering with such officer or inspector.
2.
The extent of entry is limited to those areas which either appear
to be accessible by members of the general public without express
consent, are within the scope of consent or a court order or warrant,
or reasonably required to be used in response to an emergency or exigency.
3.
Identification shall be made to the adult person or persons,
or the eldest minor, then present upon the premises affected by the
entry.
4.
All City officials and City-authorized inspectors shall act
in good faith and in their honest belief in entering upon real property,
buildings and structures, cognizant of the rights and concerns of
all citizens.
5.
Nothing in this Code of Ordinances shall be construed to prohibit
the City from requiring, as a condition of issuance of any license
or permit, that the licensee or permittee give prior consent, in writing,
to all entries by the City reasonably appropriate to the enforcement
of such licensing provisions, whether under State or local law.