§ 17.05.110. Search warrant authorized.

A.

The Town declares that a violation of this chapter involves a serious threat to public safety or order within the meaning of Rule 241(a)(1) of the Colorado Municipal Court Rules of Procedure.

B.

If the owner or occupant of the premises denies any law enforcement officer permission to enter and inspect the residential structure, or any accessory building, including to enter and inspect the residential structure, or any accessory building, including but not limited to any shed or detached garage, authorized law enforcement personnel may request the Monument Municipal Court to issue a search warrant for the inspection of the premises pursuant to the procedures and standards set forth in Rule 241(a)(I) of the Colorado Municipal Court Rules of Procedure.

C.

The Monument Municipal Court may issue a search warrant authorizing any law enforcement officer to inspect a residential structure for the cultivation, production, possession or processing of medical marijuana plants in accordance with Rule 241(a)(I) of the Colorado Municipal Court Rule of Procedure. Any search warrant issued pursuant to this chapter shall fully comply with the applicable provisions of Rule 241(a)(I) of the Colorado Municipal Court Rules of Procedure.

D.

The Monument Municipal Court may impose such conditions on a search warrant as may be necessary to protect the private property rights of the owner of the premises to be inspected or to otherwise ensure that the warrant complies with the applicable law.

E.

It shall be unlawful and a violation of this chapter for any owner or occupant to deny any law enforcement officer access to the property if the authorized person presents a warrant issued pursuant to this chapter.

F.

Nothing herein shall be construed to limit the availability of other types of warrants under Rule 241 of the Colorado Municipal Court Rules of Procedure or the applicability of Rule 241 to other articles or provisions of this chapter or title.

(Ord. No. 01-2016 , § 2, 1-19-2016)