Chapter 16.70
ACCESS CONTROLS
Sections:
16.70.030 Mechanical gate requirements.
16.70.040 Administrative regulations.
16.70.090 Violation of permit requirements.
16.70.100 Revocation of permits.
16.70.010 Purposes.
The increasing tendency to install mechanical gates in order to control vehicular and pedestrian access to private streets, parking areas, and mall areas for the purpose of improving security creates a counterbalancing public safety hazard by restricting access of police and fire safety vehicles or personnel, absent measures which guarantee access by such vehicles or personnel in a timely, nondestructive and otherwise effective manner. The purpose of this chapter is to ensure that such measures are taken. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.70.020 Definitions.
As used in this chapter, the following terms shall be ascribed the following meanings:
A. “Mall areas” shall mean any privately owned enclosed or unenclosed common area established for vehicular or pedestrian use, and from which access is gained to more than one (1) retail shop or store or professional or other commercial office, or more than four (4) dwelling units;
B. “Mechanical gates” shall mean a gate, crossbar, door or other obstructive device which is utilized for the purpose of restricting, controlling or obstructing entry or exit by motor vehicles or pedestrians to or from private streets, parking areas, or mall areas, and which is not manned on a twenty-four (24) hour, seven (7) days per week basis by a person capable of providing immediate access by a police or fire safety vehicles or personnel;
C. “Parking areas” shall mean any privately owned parking lot or similar parking area utilized for the parking of commuter (nonrecreational) motor vehicles by those shopping at a retail commercial establishment or residing in or visiting a subdivision, apartment complex, condominiums or other residential development containing more than four (4) residential dwelling units;
D. “Private street” shall mean a street which is not open to use by the public at large and which is utilized for the purpose of providing vehicular access to a subdivision, apartment complex, condominiums or other residential development which includes more than four (4) residential dwelling units. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.70.030 Mechanical gate requirements.
From and after the date the ordinance codified in this chapter becomes effective, it shall be unlawful for any person to install a mechanical gate unless either:
A. The Chief of Police certifies in writing that the timely, nondestructive or otherwise effective access of police and fire safety vehicles or personnel will not be impaired; or
B. The mechanical gate is equipped with an emergency override control device which permits access by police and fire safety vehicles or personnel in a manner which the Chief of Police determines is timely, nondestructive and otherwise effective. The emergency override control device shall be a key-operated type switch, lockbox key control or similar mechanism approved by the Chief of Police. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.70.040 Administrative regulations.
The Chief of Police may formulate and promulgate written regulations which:
A. Define, describe or otherwise prescribe performance characteristics of required emergency override control devices, including prescription of a particular type or brand of device when necessary to promote security or efficiency;
B. Identify standards or criteria under which the Chief of Police will certify that the existence of a mechanical gate does not impair timely, nondestructive or otherwise effective access by police or fire safety vehicles or personnel; or
C. Establish procedures to ensure appropriate utilization of emergency override control devices and preservation of the security of mechanical gates. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.70.050 Permit required.
From and after the date on which the ordinance codified in this chapter becomes effective, no person shall install a mechanical gate unless a written permit therefor has first been issued by the Chief of Police which either: A) certifies that the timely, nondestructive or otherwise effective access of police and fire safety vehicles or personnel is not impaired thereby; or B) approves the emergency control device to be installed in connection with the mechanical gate. The permit may be issued by the Chief of Police subject to such conditions as the Chief of Police deems necessary to achieve the objects and purposes of this chapter.
The permit may be denied on grounds either: A) that the applicant has not proposed installation of an emergency override control device and the mechanical gate would impair timely, nondestructive or otherwise effective access by police or fire safety vehicles or personnel; B) the emergency override control device proposed fails to comply with the requirements of this chapter or any regulations promulgated by the Chief of Police pursuant to EGMC Section 16.70.040; or C) installation, operation or maintenance of the mechanical gate would violate another City ordinance, State law, or an applicable law of another governmental jurisdiction; provided, that the issuance of the permit shall not be deemed to constitute an express or implied representation that the gate complies with such other laws or be deemed to excuse compliance with such other laws.
Application for the permit shall be made upon such written form as is prescribed by the Chief of Police, and shall be accompanied by such information, data and plans as are required by the Chief of Police.
The City Council may, by resolution, establish a fee required to be paid upon filing of an application for a permit required by this section. The amount of any such fee shall not exceed the costs of administering the provisions of this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.70.060 Building permit.
With respect to any project which incorporates a mechanical gate, a permit under EGMC Section 16.70.050 shall have been issued therefor in advance of the issuance of any building permit for construction in connection with the project under this title. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.70.070 Pre-existing gates.
The Chief of Police shall be authorized to issue and serve personally or by mail a written declaration of nuisance upon any party who owns or operates a mechanical gate which was installed prior to the date the ordinance codified in this chapter becomes effective, if the Chief of Police determines that the mechanical gate impairs the timely, nondestructive or otherwise effective access by police and fire safety vehicles or personnel, and that by reason of such impairment a serious threat to the health or safety of persons exists. Any such declaration shall contain a statement of the facts upon which the determination by the Chief of Police is based, a statement informing the party upon whom the declaration is served that it shall be unlawful for the mechanical gate to be maintained or operated ninety (90) days following the date of personal service or mailing of the declaration unless a permit therefor has been issued by the Chief of Police pursuant to the provisions of EGMC Section 16.70.050, and shall have attached thereto a copy of the provisions of this chapter.
From and after ninety (90) days following the date of personal service or mailing of a declaration of nuisance, it shall be unlawful for any party to operate or maintain a mechanical gate which is the subject of the declaration of nuisance, unless a permit therefor has been issued pursuant to the provisions of EGMC Section 16.70.050. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.70.080 Appeals.
The applicant for a permit required by the provisions of either EGMC Section 16.70.050 or 16.70.070 may appeal the denial pursuant to EGMC Chapter 1.11. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.70.090 Violation of permit requirements.
It shall be unlawful to operate or maintain a mechanical gate for which a permit is required by either EGMC Section 16.70.050 or 16.70.070 unless a valid, unrevoked permit has been issued therefor, or to operate or maintain any such mechanical gate in violation of any condition upon which such a permit is issued. An emergency override control device installed pursuant to such a permit shall at all times be maintained in good condition and repair so long as the mechanical gate is utilized to control, obstruct or inhibit vehicular or pedestrian access. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.70.100 Revocation of permits.
A permit issued pursuant to the provisions of either EGMC Section 16.70.050 or 16.70.070 shall be subject to revocation upon any one (1) of the following grounds:
A. Failure to comply with any one (1) or more of the conditions of the permit;
B. Failure to maintain any emergency override control device in good condition and repair as required by EGMC Section 16.70.090;
C. Failure to comply with any regulations promulgated pursuant to the provisions of EGMC Section 16.70.040; or
D. Violation of any of the requirements of this chapter.
The Chief of Police may commence proceedings for the revocation of a permit by personally serving or mailing to the holder of the permit a written notice of revocation. The notice of revocation shall contain a statement of the grounds of revocation, the facts upon which the grounds are based, and shall have attached thereto a copy of the provisions of this chapter. The revocation shall become complete, final and effective twenty (20) days following the date of personal service or mailing of the notice of revocation, unless by that date an appeal is received.
Any such appeal shall be filed pursuant to EGMC Chapter 1.11. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.70.110 Other laws.
The provisions of this chapter shall not be deemed to either expressly or impliedly repeal, amend or otherwise supersede any ordinance or law which pertains to the same or similar subject matter, and the provisions of this chapter together with those of such other law or ordinance shall each be deemed to be fully applicable and operable. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]