Sec. 460.103. - General powers of Department.

(a) The Department may inspect any premises, matter or thing within its jurisdiction, including but not limited to any premises where an activity regulated by the Health Code is carried on, and any record required to be kept pursuant to the Health Code. (b) In order to determine whether the provisions of the Health Code, or the provisions of any other law or ordinance which the Department has the duty to enforce, are being complied with, the Department may investigate or authorize an investigation to be made of any matter, incident, thing, person or event within its jurisdiction. (c) Subject to the provisions of the Health Code or other applicable law, the Department may take such action as may become necessary to assure the maintenance of public health and the prevention of disease in the City. The Director may establish procedures to be followed during an emergency to ensure the continuation of essential public health services. Emergency procedures shall not be limited to the procedures specified in the Health Code. (d) With respect to the right of entry and inspection: (1) The application for a permit under the Health Code shall be deemed to be consent to routine periodic inspections, without warrant, of the permitted premises by the Director in the discharge of his official duties, upon proper identification and at a reasonable hour, taking into account the nature of the permitted activity and the purpose of the inspection. (2) In the event that emergency action is required to assure the maintenance of public health and the prevention of disease in the City, under circumstances which preclude reference to a court or magistrate for a search warrant, the Director may enter upon any premises without warrant and conduct such search and seizure as the circumstances may require. This provision shall not authorize action which could, consistent with the public interest, be deferred pending the obtaining of a search warrant. (3) All other entry on premises shall be with the consent of the owner or occupant thereof or, in the case of nonconsent, by search warrant or court order. (e) When a provision of the Health Code gives the Department or the Director the authority or the duty to act, the authority or duty vests in the Director or in any employee of the Department who is given such authority or duty in accordance with the administrative procedures of the Department. (Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1) Note— Former § § 500.102 , 500.103 .