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hereby repealed in its entirety Bind a new Chapter 1.08 is hereby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