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Ordinance No. 1675ORDINANCE NO. 1675 ORDINANCE OF THE COUNCIL OF THE CITY OF CUPERTINO REPEALING AND REENACTING CH~~PTER 1.08 OF THE CUPERTINO MUNICIPAL CODE RELATING TO RIGHT OF ENTRY FOR INSPECTION THE COUNCIL OF THE CITY OF C'UPERTINO ORDAINS AS FOLLOWS: SECTION 1. LEGISLATIVE FINDINGS. The City Council finds that the adoption of this ordinance is necessary to protect the public health, safety and welfare. They City Council hereby adopts the following findings in support of this ordinance: A. The Fourth Amendment of i;he United States Constitution protects persons, houses, papers, and effects from unreasonable search and seizures. According:Ly, except in certain carefully defined classes of cases, a search of private property without proper consent is unreasonable unless it has been authorized by a valid search warrant. B. The Fourth Amendment's warra~zt requirement applies to entries into private premises to search far and abate suspected or declared nuisances. [Schneider v County ojE San Diego et al. (9th Cir.June 1994) F.Supp. ; Conner v ~~ity of Santa Ana (9th Cir.1990) 897 F.2d 1487, 1490] C. However, search warrants are not required under the Fourth Amendment where the property exists in an "open field". This exception is based on the United States Supreme Court's findings that "[o]pen fields do not provide the setting for those intimate activities that the [Fourth] Amendment is intended to shelter from government interference or survei:Llance." Oliver v. United States (1984) 466 U.S. 170, 179. D. Warrantless seizures are constitutional where authorized pursuant to the police power of the State of California and which do not involve an invasion of privacy, such as the abatement of a declared public nuisance. SECTION 2. AMENDMENTS. Cupertino Municipal Code Chapter 1.08 is hereby repealed in its entirety Bind a new Chapter 1.08 is hereby enacted to be entitled "RIGHT OF I3NTRY FOR INSPECTION" and to read as follows: A. Section 1.08.010 - Search Warrant Required. W h e n e v e r necessary to make an inspectio~i to enforce any ordinance or resolution, or whenever there is seasonable cause to believe there exists an ordinance or resolution violation in any building or upon any premises within the jurisdiction of the City, any authorized official of the City, may, upon presentation of a valid search warrant and proper credentials, enter such building or premises st- all reasonable times to inspect the building or premises or to perform any duty imposed by ordinance. B. Section I.08.020 - Exceptions. The City is not required to obtain a warrant to search or to seize property in the following circumstances: 1. Where the City has obtained consent of the owner or occupant of the property in t:he manner provided in Section 1.08.030. 2. Where the property exists within an open field, on public streets, parking lots or other o~~en places. 3. In an emergency. 4. Where the seizure of the property is authorized pursuant to the police power of the State of California and does not involve an invasion of privacy. C. Section 1.08.030 - Consent to Inspect. Prior to obtaining consent to an inspection of property, the owner or occupant of the property shall be informed that they have the right to refuse entry and that if such entry is refused, inspection may be made only pursuant to a valid search warrant. SECTION 3. ENFORCEMENT. This ordinance shall be effective on the commencement of the thirty-first day after the date of its adoption. The City Clerk is instructed to file a certified copy of this ordinance upon its becoming effective with the Sheriff's Office of the County of Santa Cl~ira, State of California. SECTION 4. PUBLICATION. The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within 15 days after its adoption, in accordance with Government Code §36933, shall certify to the adoption of this ordinance and shall enter this certified ordiance, with proof of publication, in the Book of Ordinances of the Council of this City. INTRODUCED: January 3, 1995 PASSED: January 17, 1995 Vote: Members of the City Council: Ayes: Bautista, Burnett, Sorensen, Dean Noes : None Absent: Koppel Abstain: None ATTEST: APPROVED: /s/ Kim Marie Smith /s/ Wally Dean City Clerk Mayor