(A) Whenever the emergency response authority has reasonable cause to believe that a discharge of hazardous material has occurred or that a discharge of a hazardous material is imminent, which discharge or imminent discharge threatens immediate and irreparable harm to the environment or the health and safety of any person other than persons exposed to the risks associated with hazardous materials in the normal course of their employment, and which discharge or imminent discharge is not authorized pursuant to any federal, state or local law or regulation, the emergency response authority may enter any private property in the interest of public safety at all reasonable times to inspect the same or to perform any duty imposed by this subchapter.
(B) If such private property is occupied, the emergency response authority shall first identify himself or herself by name and position and demand entry; and, if such private property is unoccupied, the emergency response authority shall first make a reasonable effort to locate the owner or other person having charge or control of such private property and demand entry. If entry is refused, the emergency response authority may apply for a search warrant or search warrant for inspection pursuant to the state’s Municipal Court Rules of Procedure, or as otherwise provided by law. This section shall not be construed to require the issuance of a warrant in any case where warrants are not required by law.
(Prior Code, § 230.5) (Ord. 290, passed 12-2-1982; Ord. 391, passed 8-3-1995; Ord. 578, passed 12-4-2014)