§ 110-171. Access provisions and gate design standards.

(a)

Emergency vehicle access. Entryway gates and other restricted access gates must be equipped with an emergency vehicle access system inspected and approved by the city police chief and city fire chief before such gates may be closed. After initial approval is obtained from the city police chief and the city fire chief, said emergency vehicle access system may be inspected, from time to time, to ensure that said gates and emergency vehicle access systems are acceptable and in good working order. Notwithstanding anything herein to the contrary, the fire chief or police chief may require an existing emergency vehicle access system to be updated, modified, or replaced in light of changes in technology, policy, or change in equipment used by the police department or fire department. In the event such change is requested by the fire chief or police chief, the requested change must be made within the time specified, and, if necessary for the health, safety, and welfare, the fire chief or police chief may require such gates to remain in an open position until such changes are affected and approved.

(b)

Master entry device. The entryway gate must provide a key pad device by which police, fire and rescue personnel, code enforcement officers, environmental protection workers and, if the residential subdivision is served by city utilities or public works, city utility and public works workers, may gain access to the residential subdivision. The access code, and such changes to the access code, must be provided to the city police chief, city fire chief, city utilities director, city public works director, and the city manager. Said access code must be provided before the entryway gate may be closed.

(c)

Gate design standards. Electrically operated gates shall be designed to default to the "open position" in the event of a power failure. Said gates shall remain open until such time as power is restored. Swinging gates for single-direction traffic shall open toward (i.e., swing into) the property being entered. After passing through a gate, the nearest curb of any cross street shall be no closer than 40 feet from said gate. Access for single direction traffic shall be unobstructed to the following dimensions: 16 feet wide and 13.5 feet high. Access for bi-directional traffic shall be unobstructed to the following dimensions: 24 feet wide and 13.5 feet high. No gate shall be installed where access requires the use of a proximity reader or card, unless a turn-out is provided for its use. Direction limiting devices, such as fixed tire spikes, are prohibited. No more than one vehicle access control device or system through which emergency vehicles must pass to reach any address within the residential subdivision shall be permitted.

(d)

Maintenance and compliance. Maintenance of the emergency vehicle access system and the compliance with the requirements of this section is the responsibility of the HOA, violation of which may result in removal of the gates at the cost of the HOA, code enforcement action and a lien on each of the lots within the residential subdivision.

(e)

Gate hours. Provided the provisions of this section are fully complied with by the HOA, the gates may be closed during daytime and nighttime hours.

(f)

Existing gated communities. Gated communities existing as of the effective date of this ordinance or which are annexed into the city, shall, at a minimum, comply with the provisions of subparagraph (a) above within one year of the effective date of this article or annexation into the city and, unless in full compliance with the provisions of this section, shall be required to have the gate open during daytime hours unless physically and continuously manned by HOA designated security personnel during said hours.

(Ord. No. 04-19, § 2(Exh. A), 6-10-04; Ord. No. 06-08, § 9, 3-9-06)