A. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized representative of the town shall have reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a nuisance hereunder, the town manager, building official, chief of police, any police officer or any community service officer may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed on any of them. If such building or premises is occupied, such person shall first present proper credentials and demand entry; and if such building or premises is unoccupied, such person shall first make a reasonable effort to locate the owner, occupant or other person having charge or control of the building or premises and, upon locating said owner, occupant or other person having charge or control, shall present proper credentials and request entry. If entry is refused, such person shall give the owner, occupant or person in charge or control (or, if said owner or occupant cannot be located after a reasonable effort, he shall leave at the building or premises) a twenty four (24) hour written notice of intention to inspect. The notice given shall state that the property owner, occupant or person in charge or control has the right to refuse entry, and that in the event that such entry is refused, inspection may be made only upon issuance of a search warrant by the municipal judge or a judge of any other court having jurisdiction.

B. After the expiration of said twenty four (24) hour period from the giving or leaving of the notice, the town manager, building official, chief of police, police officer or community service officer, or any of them, may appear before the municipal judge and, upon a showing of probable cause, obtain a search warrant entitling such person to enter the building or motor vehicle or go upon such premises. Upon presentation of the search warrant and proper credentials, or possession of the same in the case of an unoccupied building or premises, said person may enter into said building or motor vehicle or go upon said premises using such reasonable force as may be necessary to gain entry. If the search warrant authorizes the entry into a motor vehicle for the purpose of determining whether it is an inoperable vehicle, the person executing such warrant may lawfully inspect the vehicle to determine if it is capable of being operated under its own power. (Ord. 64, Series 2003)

C. For the purposes of subsection B of this section, a determination of probable cause shall be based upon reasonableness, and if a valid public interest justifies the intrusion contemplated, then there is probable cause to issue a search warrant. The person applying for such warrant shall not be required to demonstrate specific knowledge of the condition of the particular structure or premises in issue in order to obtain a search warrant. (Ord. 22, Series 1993)

D. Whenever an emergency exists, the town manager, building official, chief of police, police officer, or community service officer upon presentation of proper credentials or identification in the case of an occupied building or premises, or possession of said credentials in the case of an unoccupied building or premises, may enter into any building or go upon any premises within the jurisdiction of the town. In an emergency, such persons may use such reasonable force as may be necessary to gain entry into said building or upon said premises. (Ord. 22, Series 1993; amd. Ord. 64, Series 2003)

E. It shall be unlawful for any owner, occupant or person in charge or control of said building or premises to resist reasonable force used by the town manager, building official, police chief or any police officer acting pursuant to this section. (Ord. 22, Series 1993)