Boonville Who may apply for warrant—Contents of application ordinance (§ 13-52)

(1) The city prosecutor or city attorney for the City of Boonville may make application to the municipal judge for the issuance of an administrative search warrant.

(2) The application shall:

(a) Be in writing;

(b) State the time and date of the making of the application;

(c) Identify the property or places to be entered, searched, inspected or seized in sufficient detail and particularity that the officer executing the warrant can readily ascertain it; (d) State that the owner or occupant of the property or places to be entered, searched, inspected or seized has been requested by the city health inspector or his designee to allow such action and refused to allow such action;

(e) State facts sufficient to show probable cause for the issuance of a search warrant, as provided in subsection (c)(1) hereof, to (i) search or inspect for violations of an ordinance or code section specified in the application or (ii) show that entry or seizure is authorized and necessary to enforce an ordinance or code section specified in the application and that any required due process has been afforded prior to the entry or seizure;

(f) Be verified by the oath or affirmation of the applicant; and

(g) Be signed by the applicant and filed in the municipal court.

(3) The application may be supplemented by a written affidavit verified by oath or affirmation. Such affidavit shall be considered in determining whether there is probable cause for the issuance of a search warrant and in filling out any deficiencies in the description of the property or place to be searched or inspected. Oral testimony shall not be considered.