31.09(A) Authorization to inspect. When a
has reasonable suspicion that a
or
is in violation of the
, the
is authorized and empowered to inspect, enter, examine and survey the
or
for the purpose of enforcing the
. Inspection, entrance, examination and survey of
or
shall be conducted during reasonable hours.
31.09(B) Identification procedures. shall carry credentials sufficient to identify the as a
of the . Upon initial and all subsequent visits to
or
, the
shall present and allow examination of these credentials upon initial contact with persons at the property and on demand during the visit to the
or
.
31.09(C) Inspection protocol. shall comply with the following procedures when seeking authority to inspect portions of
or
not visible from or from Private
.
31.09(C)(1)
shall seek consent to inspect the
or
from a
over the age of 18 who has common authority over the
,
or property on their initial and all subsequent visits.
31.09(C)(2) In the event a
over the age of 18 who has common authority over a
or
shall not consent to immediate inspection of the
or
, that
shall be given the opportunity to reschedule such inspection for a date and time certain within ten days of the
’s initial visit.
31.09(C)(3) The
may seek a search warrant for the
or
, as provided in subsection 31.09(D) of this Section, if:
31.09(C)(3)(a) The
who scheduled the inspection in accordance with subsection 31.09(C)(2) of this Section refuses to consent to inspection of the
or
at the scheduled time;
31.09(C)(3)(b) The
who scheduled the inspection in accordance with subsection 31.09(C)(2) of this Section is not at the
or
at the scheduled time; or
31.09(C)(3)(c) The
has gotten no response to repeated attempts to contact the property
and/or the
in possession of the
or
.
31.09(C)(4) In the event a
or
appears to be unoccupied or vacant and the
cannot be contacted in order to obtain consent to inspect the
or
, the
then may enter any open portion of the
or
in order to conduct an inspection.
31.09(D) Obtaining a search warrant. The shall seek a search warrant as follows.
31.09(D)(1) When a
believes, based upon reliable evidence, that it is more likely than not that a specific
or
is in violation of the
, that
shall:
31.09(D)(1)(a) Swear out an affidavit stating with particularity the basis of the
’s belief, including:
31.09(D)(1)(a)1. The nature and extent of the suspected violation;
31.09(D)(1)(a)2. The source(s) of the information on which the
is basing his or her belief; and
31.09(D)(1)(a)3. The circumstances under which the source(s) of the information obtained the information;
31.09(D)(1)(b) Collect all documentary evidence of the suspected violation and attach that documentary evidence to the
’s affidavit as incorporated exhibits.
31.09(D)(2) When a
believes based upon reliable evidence that it is more likely than not that some
and/or
within a group of
and/or
are in violation of the
that
shall:
31.09(D)(2)(a) Swear out an affidavit stating with particularity the basis of the
’s belief about the group of
and/or
, including:
31.09(D)(2)(a)1. The nature and extent of the suspected violation;
31.09(D)(2)(a)2. The source(s) of the information on which the
is basing his or her belief; and
31.09(D)(2)(a)3. The circumstances under which the source(s) of the information obtained the information.
31.09(D)(2)(b) Collect all documentary evidence of the suspected violation and attach that documentary evidence to the
’s affidavit as incorporated exhibits.
31.09(D)(2)(c) The
’s affidavit, together with the documentary evidence attached thereto, must establish a nexus between each
and/or
in the group of suspected
and/or
and the testimony and/or documentary evidence upon which the
’s belief is based.
31.09(D)(3) On behalf of the
, the
shall seek a search warrant based upon the
’s affidavit and as required by law.
31.09(E) Execution of the search warrant. Once the
has received the search warrant, he or she shall execute the search warrant as soon as possible, provided that the time of execution is reasonable. When executing a search warrant shall be accompanied by an of the Broward County Sheriff’s Office
(Ord. 2010-10, passed 10-4-2010)