A. Subject to the requirements and limitations of this section, the police chief shall have the right to enter upon any regulated structure within the town where marijuana is being possessed, grown, processed, or transported during reasonable hours for the purpose of conducting a physical inspection of the premises to determine if the premises comply with the requirements of this chapter. However, no agent or employee of the town shall enter upon any property to conduct such an inspection without either the permission of the landowner or occupant, or without an inspection warrant issued pursuant to this section.

B. If verbal permission to inspect the regulated structure from the affected landowner or occupant is not obtained, or if the regulated structure is locked and the police chief has been unable to obtain permission of the landowners or occupant, the police chief may request that an inspection warrant be issued by the municipal court judge pursuant to rule 241 of the Colorado municipal court rules of procedure.

C. In case of an emergency involving imminent danger to public health, safety, or welfare, the police chief may enter any regulated structure within the town to conduct an emergency inspection for the possession, growing, processing, or transporting of marijuana without a warrant and without complying with the requirements of this section.

D. The town council declares that this chapter is an ordinance involving a serious threat to the public safety or order within the meaning of rule 241(a)(1) of the Colorado municipal court rules of procedure.

E. The municipal court judge may issue an inspection warrant authorizing the inspection of a regulated structure for the possession, growing, processing, or transporting of marijuana in accordance with rule 241(b) of the Colorado municipal court rules of procedure. Any inspection warrant issued pursuant to this section shall fully comply with the applicable provisions of rule 241 of the Colorado municipal court rules of procedure.

F. The municipal judge may impose such conditions on an inspection warrant as may be necessary in the judge's opinion to protect the private property rights of the landowner of the property to be inspected, or to otherwise make the warrant comply with applicable law.

G. It shall be unlawful and a misdemeanor offense for any landowner or occupant to deny the police chief or other authorized person access to the property owned or occupied by such landowner or occupant if the police chief or other authorized person presents an inspection warrant issued pursuant to this section. (Ord. 38, Series 2015)