02-07-09: RIGHT OF ENTRY:

Any agent authorized by the board to carry out an inspection on its behalf may enter upon any property within Canyon County for the purpose of administering this article and any other power exercisable pursuant thereto, including the taking of specimens, general inspection, and the performance of such acts as are necessary for the controlling and preventing the spread of orchard pests and diseases as follows:

   (1)   Any agent authorized by the board who desires to enter any premises to fulfill any of the acts authorized by this article shall first seek to obtain consent from the owner, or any agent of the owner who is authorized to make such consent, to enter the property for the purpose of performing the act so desired.

   (2)   Should any such authorized agent of the board be denied consent to enter such property to perform any act authorized by this article, the board shall apply to any court of competent jurisdiction seeking a warrant granting the right to enter said property and perform any act authorized by this article. Such warrant shall issue upon a finding of probable cause that the orchard or private orchard for which entry is sought contains pests or disease or is in such a state or condition that it is likely that it contains pests or disease. (Ord. 99-005, 6-25-1999)