La Quinta Municipal Code Ch. 11.98 Emergency Access to Gated and Other Secured Residential Communities

A. The purpose of this chapter is the protection of the public health, safety, and general welfare by ensuring law enforcement has the opportunity for immediate access to gated and other secured communities, which limit or control access by the general public, in times of emergency to respond to public offenses, breaches of the peace, or other natural- or human-induced disasters.

B. It is hereby declared that in any instance where the provisions of this chapter conflict with any applicable federal or state law or regulation, such federal or state law or regulation shall govern.

(Ord. 531 § 3, 2015)

The following definitions shall govern the meaning of words and phrases used in this chapter:

"Chief of police" means the chief of the police department or designee.

"Emergency" means actual or threatened existence of conditions of a disaster or of detriment to the safety of persons or to property within this city caused by any natural- or human-induced event or events, including, but not limited to, actual or threatened existence of conditions related to a crime or alleged criminal conduct punishable under any law. An emergency may, but need not, be reported to law enforcement by means of an emergency call ("911 call"), alarm system, or any other means to notify the city or public safety officers of conditions that otherwise constitute an emergency under this chapter.

"Existing gated community" means a gated community that, prior to the effective date of this chapter, meets any one (1) or multiple of the following:

1. Physical construction of the development has commenced or been completed;

2. A complete or deemed complete application(s) for all necessary development permits has been submitted and approved by the director(s) of the department(s) responsible for approving all application(s), in accordance with the La Quinta Municipal Code and standard city policies and practices.

3. Development of the community has been approved by issuance of a grading permit, building permit, conditional use permit, development agreement, subdivision map, or other permit or entitlement.

"Fire chief" means the fire chief serving the city or designee. The fire chief may be that person so designated by the Riverside County fire department pursuant to a contract for fire services entered into with the city.

"Gated community" means any residential or mixed use development, including residential projects of at least two (2) or more units, that limits free and open access to law enforcement or the general public, or both, because of on-site security provisions, including, but not limited to, "manned" or "un-manned" guard gates, barriers, locked common areas that provide the means of ingress to or egress from a residence's door, or other restrictions. A single-family residence with a gated driveway does not fall within this definition.

"Law enforcement" means any officer or official of the police department, including the chief of police.

"Opportunity for immediate access" means a method, including, but not limited to, an emergency key system or locked key box, by which the police department may immediately access a gated community without the assistance of any person.

"Police department" means the department providing police services to the city, which may be the Riverside County sheriff department pursuant to a contract for police services entered into with the city.

"Responsible party" means the person(s) charged with the responsibility for managing a gated community, including, but not limited to, the owner of the real property that has a gated community, the owner or manager of the gated community, or the board of directors of the homeowner's association for the gated community or representative thereof.

(Ord. 531 § 3, 2015)

Each gated community shall provide the opportunity for immediate access to law enforcement at all times for emergencies. It shall be the responsibility of each gated community to ensure its method of providing such access complies with standards approved by the police department. It shall be the responsibility of each gated community to ensure that the method of access it adopts is installed and maintained in good working order at all times.

(Ord. 531 § 3, 2015)

It shall be the responsibility of the chief of police, upon consultation with the fire chief, to implement a policy for acceptable methods of providing the opportunity for immediate access to law enforcement to gated communities.

(Ord. 531 § 3, 2015)

After the effective date of the ordinance codified in this chapter, it shall be a condition of approval for the development of any gated community to provide an opportunity for immediate access to the gated community and to provide to the city manager or designee, a certification from the chief of police that the gated community has complied with this chapter. The city manager or designee, shall implement the requirement and enforcement of this condition of approval, which may be a condition of approval to a subdivision map or development permit.

(Ord. 531 § 3, 2015)

A. Within one (1) year of the effective date of the ordinance codified in this chapter, it shall be the responsibility of each existing gated community to provide the opportunity for immediate access to law enforcement at all times for emergencies, and to provide to the city manager or designee, a certification from the chief of police that the gated community has complied with this chapter.

B. If, as of the effective date of the ordinance codified in this chapter, an existing gated community already has implemented a method of providing an opportunity for immediate access to law enforcement, it shall be the existing gated community's responsibility to consult with the chief of police to ensure that its method of compliance conforms to law enforcement's standards. The chief of police shall have the authority to determine whether a method of providing an opportunity for immediate access conforms to law enforcement's standards.

C. An existing gated community may submit an application for relief from the requirements in subsection A or an adverse decision from the chief of police under subsection B of this section, or both, pursuant to the following procedures:

1. A hearing before the city manager pursuant to Section 2.08.180 and related provisions of the La Quinta Municipal Code, as may be amended from time to time;

2. An administrative appeal of an adverse administrative decision of the city manager to the city council pursuant to Section 2.8.230 and related provisions of the La Quinta Municipal Code, as may be amended from time to time.

(Ord. 531 § 3, 2015)

The city manager, after consultation with the chief of police, may adopt a policy for the implementation of the requirements and enforcement of this chapter. The policy may include an opportunity for an existing gated community to propose an alternative method for providing an opportunity for immediate access to law enforcement that complies with this chapter, and the policy may include available alternatives to existing gated communities that would assist an existing gated community in complying with this chapter.

(Ord. 531 § 3, 2015)

Any responsible party who owns, manages, or operates a gated community in violation of this chapter shall be subject to an administrative citation and fine pursuant to Chapter 1.09 of the La Quinta Municipal Code, with each day a violation exists being a separate and distinct violation, and the amount of each fine subject to the maximum amount allowed pursuant to Section 1.09.020 of the La Quinta Municipal Code, as may be amended from time to time. A violation of any provision of this chapter shall be, and is hereby declared to be, a public nuisance. In addition to any other enforcement permitted by the La Quinta Municipal Code, the city attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this chapter.

(Ord. 531 § 3, 2015)