(A) Authority to inspect and monitor. The City of Locust personnel, bearing proper identification, may enter public or private properties at all reasonable times to inspect, investigate or monitor activities and conditions subject to this chapter. Persons occupying premises to be inspected shall allow the City of Locust ready access at all times to all parts of the premises to perform inspection, monitoring, records examination, copying, photography, video recording or other duties. The City of Locust shall have the right to set up on the person’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a person has security measures in force that would require identification and clearance before entry into the premises, that person shall make arrangements with security personnel so that, upon presentation of identification, personnel from the City of Locust will be permitted to enter and perform their specific responsibilities without delay. Denial of the City of Locust’s access to the person’s premises, or portions thereof, shall be a violation of this chapter. Denial of access may also occur if a person fails to provide, without unreasonable delay, such facilities, equipment or devices as are reasonably necessary to permit the City of Locust personnel to perform their duties in a safe manner. Unreasonable delays may constitute denial of access. Any delay of more than five minutes may be considered unreasonable.
(B) Search warrants. To the extent permitted by law, the City of Locust may seek the issuance of a search warrant to determine compliance with this chapter.
(C) Confidential information.
(1) To the extent permitted by applicable law and except as otherwise provided in this section, information and data on a person obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other government agencies without restriction, unless the person specifically requests, and is able to demonstrate to the satisfaction of the City of Locust, that the release of that information would divulge information, processes or methods of production entitled to protection as trade secrets of the person. Any such request must be asserted at the time of submission of the information or data.
(2) To the extent permitted by applicable law, when requested by a person furnishing a report, the portions of a report that might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon request to governmental agencies for uses related to this chapter; provided, however, that those portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.
(3) Documents that are not public records, and the information set forth therein, may be withheld and released only as provided by applicable law.
(D) Obstruction. No person shall obstruct, hamper, or interfere with the City of Locust while carrying out official duties. Upon presentation of credentials by the City of Locust, necessary arrangements shall be made to allow immediate access onto premises or into an area protected by security measures. Any obstruction to the safe and easy access to property, a facility or enclosure on property, or to monitoring devices shall immediately be removed. Unreasonable delays in providing safe and reasonable access or removing obstructions shall be a violation of this chapter.
(Ord. passed 10-8-2015)