Colton Municipal Code Ch. 15.52 Emergency Access Devices for Controlled Access Gates at Multi-Unit…

The purpose of this chapter is to provide minimum standards for the installation and maintenance of Emergency Access Devices to Controlled Access Gates within the City. This chapter Shall not repeal, abrogate, annul or in any way impair or interfere with existing provisions of other Laws or Ordinances, or with restrictions placed upon Property by covenant, deed, or other private agreement or with restrictive covenants running with the land to which the City is a Party.

(Ord. 0-24-05 § 1 (part), 2005)

For the purpose of this chapter, the definitions contained in this section Shall govern the meanings of the Following terms, words, phrases and their derivations:

"Chief of Police" means the Chief Law Enforcement Officer of the City of Colton or the Chief Law Enforcement Officer's authorized Representative.

"City" means the City of Colton, California.

"Controlled Access Gate" means any Gate which limits public Access to restricted or private areas by means of a self-locking or lockable device, whether mechanical or electronic.

"E-Key System" means a remote radio controlled receiver Gate operation system, which is of a type and specification Approved by the Chief of Police, which is installed upon and activates Electrically Operated Gates to facilitate rapid ingress or egress by Emergency Personnel.

"Electrically Operated Gate" means any Gate which is operated by an electrical mechanism to facilitate Pedestrian or vehicular ingress to or egress from a Gated public or Private Property, Driveway, Yard or Parking Lot.

"Emergency Access Device" means any locking mechanism, padlock, keyed Lockset, keyed electric switch, radio operated remote Gate opener receiver, or other security apparatus that is Approved by the Chief of Police or Fire Chief or their Designees, which is intended to facilitate Emergency ingress to or egress from any Gated multi-unit residential Property, including any locked Building or otherwise Secured area on such Property, by Emergency response personnel or for purposes of lawful inspection, routine patrol, or other official purposes by Police Department or Fire Department personnel.

"Emergency Personnel" means any Person of an official capacity employed by the City of Colton, or any public officer, Police Officer, or an Emergency Medical Technician as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, including but not limited to any Paramedic, firefighter, Fire Department Employee, Police Department Employee, Code Enforcement Officer, Animal Control Officer, Ambulance Driver, or any Person acting under the lawful direction of any of the aforementioned authorized officials.

"Fire Chief" means the Chief Officer of the Fire Department serving the jurisdiction or the Chief Officer's authorized Representative.

"Fire Department" means the Colton Fire Department.

"Gate" means any Pedestrian Gate, Electrically Operated Gate, Utility or maintenance Access Gate, or other Gate which is Used to allow entry to Secured or controlled Access areas of any multi-unit residential Property, whether installed on the perimeter Fence line or interior area.

"Key Padlock" means a security padlock.

"Key Switch" means a security keyed electrical switch.

"Key Vault" means a security metal vault that is Used to store Pass Keys for Use by Emergency Personnel.

"Pass Key" means any key, magnetic key card, password, or combination code Used to facilitate the unlocking and opening of any Gate, Lock, keyed switch, padlock, or electronically controlled Lock mechanism.

"Pedestrian Gate" means any Access Gate which is intended primarily for Pedestrian ingress to or egress from a Fenced Property.

"Police Department" means the Colton Police Department.

(Ord. 0-24-05 § 1 (part), 2005)

A. The Property Owner of a multi-unit residential Property, to which Access is controlled by a perimeter Fence or Gate, Shall equip and maintain every Gate on the Property with an Approved Emergency Access Device.

B. No Person Shall erect, operate, or maintain any Controlled Access Gate for a multi-unit residential Property within the City unless that Gate is equipped with an Approved Emergency Access Device.

C. All electrically operated vehicular Access Gates at multi-unit residential Properties Shall be equipped with both an E-Key System, and a Key Switch device or Key Vault device.

D. All controlled Access Pedestrian Gates at multi-unit residential Properties Must be equipped with a Key Vault device containing a Pass Key or alternatively a Key Switch device if electrically operated. Where a Pedestrian Gate is situated immediately adjacent to an electrically operated vehicular Access Gate, which is equipped with an Emergency Access Device as outlined above, that Pedestrian Gate is not generally required to be equipped with an Emergency Access Device.

E. All perimeter Utility or maintenance Controlled Access Gates at multi-unit residential Properties Shall be equipped with a Key Padlock or Key Vault device.

(Ord. 0-24-05 § 1 (part), 2005)

A. Any Person who willfully violates the provisions of this chapter Shall be guilty of a misdemeanor. Any Property Owner who receives Written Notice to comply with this chapter from the Chief of Police or Fire Chief or their Designees and fails to comply within ninety Days Shall be guilty of a misdemeanor. A Violation of this section Shall constitute a Public Nuisance and May be abated by the City. The Property Owner Shall be required to reimburse the City for the actual expenses incurred incident to the abatement of such Nuisance. In addition, an administrative fine or penalty May be imposed as authorized in Chapter 8.12. B. Nothing in this section Shall prevent the City from initiating civil, criminal or other legal or equitable proceedings as an alternative or in addition to the proceedings set forth in the administrative fine and penalty provisions of Chapter 8.12.

(Ord. 0-24-05 § 1 (part), 2005)

A. Any Person who willfully tampers, vandalizes, injures, destroys, breaks down, pulls down, deactivates, interferes with the radio transmitter signal, or otherwise willfully compromises the intended operation of any Emergency Access Device, including but not limited to any Pass Key, Key Padlock, Key Vault, Key Switch, or E-Key System, including but not limited to the transmitter, receiver, Antenna, gate and Gate operating mechanism, equipment Enclosure, or electrical wiring, is guilty of a misdemeanor. For the purposes of this section, it is not necessary that a tampering action results in actual physical damage to the Emergency Access Device. Any Person who willfully attempts to tamper or commits any Act in furtherance of tampering to an aforementioned Emergency Access Device is guilty of a misdemeanor.

B. Nothing in this section Shall prevent the City from initiating civil, criminal or other legal or equitable proceedings as an alternative or in addition to the proceedings set forth in the administrative fine and penalty provisions of Chapter 8.12.

(Ord. 0-24-05 § 1 (part), 2005)

If any section, subsection, Subdivision, paragraph, sentence, clause or phrase of this chapter or any Part thereof is for any reason held to unconstitutional, such Decision Shall not affect the validity of the remaining portion of this chapter or any Part thereof.

(Ord. 0-24-05 § 1 (part), 2005)