Indian Wells Municipal Code Art. 9.50 Emergency Access to Vehicular Gates

The purpose of this Chapter is to enhance public safety by ensuring timely and unobstructed access for emergency response vehicles to all gated properties within the City of Indian Wells. This Chapter established minimum emergency access requirements for automated vehicular gates, mandating the installation of approved emergency vehicle preemption systems that are compatible with equipment used by all agencies providing emergency services to the City. This requirement is in addition to and does not replace or supersede other emergency access obligations established by Federal law, State law, adopted fire code or other applicable regulations.

(Ord. 765, 7/2/2025)

For the purposes of this Chapter, the following words and terms shall apply:

"Emergency vehicle preemption system"

means a wireless device capable of receiving signals from authorized emergency vehicles to automatically open vehicular gates.

"Gated property"

means any residential community, commercial site, or other development that restricts vehicular access through mechanical or electronic gate systems.

"Vehicular access gate"

means any gate, barrier, or access control point that restricts vehicular entry to a property, regardless of whether the access is automated, or staffed by on-site personnel.

(Ord. 765, 7/2/2025)

(a) All existing automated vehicular access gates within the City, whether located at residential gated communities, commercial properties, or other gated developments;

(b) All new, replacement, or additional vehicular access gates installed after the effective date of the ordinance codified in this chapter, including any new gates added to existing properties or developments;

(c) This Chapter shall apply to all automated vehicular access gates described herein, including gates that are staffed by personnel.

(Ord. 765, 7/2/2025)

(a) All automated vehicular gates subject to this Chapter shall be equipped with an emergency access preemption system approved by the City and compatible with the emergency response vehicle equipment used by all agencies serving the City of Indian Wells.

(b) Installation of the required system shall occur:

(1) Within 12 months of the ordinance's effective date for existing gates;

(2) Prior to final inspection or occupancy for new replacement gates.

(c) The systems must remain operational at all times. If the gate is installed prior to completion of development, the emergency access system shall be active during construction.

(Ord. 765, 7/2/2025)

All gates shall retain a City-approved manual override mechanism as a secondary access method.

(Ord. 765, 7/2/2025)

(a) The City may conduct inspections to verify installation and functionality.

(b) Responsible parties must submit documentation of system type and operational status upon request of the City Official.

(Ord. 765, 7/2/2025)

(a) Failure to comply with this Chapter constitutes a violation of the Indian Wells Municipal Code and is subject to enforcement under Chapter 1.20.

(b) Each day that a violation continues shall constitute a separate offense.

(c) A violation of this Chapter is declared to be a public nuisance and may be abated in accordance with Chapter 8.08 of the Indian Wells Municipal Code, including all applicable provisions for notice, hearing, enforcement, and cost recovery.

(Ord. 765, 7/2/2025)

This Chapter shall not be construed to relieve any property owner, responsible party, or other entity from complying with other emergency access requirements established under the California Fire Code, the California Penal Code, or any other applicable law or regulation governing emergency access.

(Ord. 765, 7/2/2025)