§ 11.50.270. Inspections.  


Latest version.
  • A.

    The port director may inspect a vessel, its crew and its cargo for the purpose of determining whether they pose a threat to the health, safety or welfare of the port facility or personnel.

    B.

    Except as provided by subsection C of this section, no inspection for which a warrant would be required under the constitution of the state or the United States may be conducted under this section unless the port director first obtains an administrative inspection warrant authorizing that inspection and exhibits the warrant to the master of the vessel prior to the inspection. The port director shall apply to the trial courts of the state for inspection warrants. The application shall identify the vessel to be inspected, the authority to make the inspection, the nature and extent of the inspection, and those facts or circumstances which demonstrate a valid public purpose in the effective enforcement of this title sufficient to justify such inspection. Warrants issued under this section shall be returned in ten days.

    C.

    Where the port director finds that such action is necessary to prevent an immediate and substantial danger to the public health, safety or welfare, the port director may make an inspection permitted under subsection A of this section without an administrative inspection warrant. Such inspections shall be done peaceably and without violence or harm to persons or property.

(AO No. 78-177)