National City Municipal Code Ch. 10.47 Rapid Entry Systems for Gated Multifamily Residential Complexes

A. The city council recognizes that there is a need for public safety officers to gain immediate access to the common areas of gated multifamily residential complexes when responding to calls for assistance. The presence of a locked gate delays the response time of the police department and can result in an increased danger of bodily injury or death to persons in need of assistance.

B. The city council recognizes that specific types of rapid entry systems are already required under the Uniform Fire Code for fire department access, but that there is also a further need for a separate, less inclusive, minimally intrusive, means of accessing the common interior areas of gated residential complexes for emergency police purposes. The city council therefore determines that gated multifamily residential complexes shall be required to install and maintain a separate rapid entry system for police at the main gate to those complexes in order to eliminate unnecessary barriers and delays that jeopardize public health and safety.

(Ord. 2182 § 1 (part), 2001)

As used in this chapter:

"Gated multifamily residential complex" means any residential, apartment, or condominium complex consisting of three or more dwelling or living units, any residential care facility, or any other type of institutional residential facility, any of which have one or more locked security gates at the exterior to the common or interior areas through which access is provided to individual residential units or rooms, and the perimeter of the complex is completely gated, fenced or walled.

"Locked security gate" means a gate with a lock that is provided for security purposes to deny vehicular or pedestrian access, or both, to the common interior area of the complex.

"Rapid entry system" means a lock box positioned at the exterior of the main gate of a gated multifamily residential complex containing either:

1. A key to the gate;

2. A separate master key pad for emergency access; or

3. A gate combination for those gates equipped with combination locks.

(Ord. 2182 § 1 (part), 2001)

A. All gated multifamily residential complexes with restricted access through locked security gates shall be equipped with a rapid entry system at or near the gated main entrances or other access locations designated by the chief of police. The chief of police shall designate the type of rapid entry system to be used within the city and shall have the authority to require all gated multifamily residential communities to use the designated system. Normally, only one entry point shall be designated, unless the size or layout of the complex dictates that multiple entry points is necessary.

B. The chief of police is authorized to promulgate rules and regulations for the use of the rapid entry system. The chief may only require access to the common area or areas of the complex that allow access to the individual residential units or areas, but not to the interiors of any residential units or storage areas. Police entry to such areas may be gained only as allowed by law.

C. The owner or operator of any gated multi-family residential complex required to have a rapid entry system shall, at all times, keep the rapid entry system in good working order and equipped with a current key, keypad or combination, as applicable, for quick access at all times.

(Ord. 2182 § 1 (part), 2001)

A. The building and safety director shall not issue any building permit or approve any final inspection under a building permit to any gated entry multifamily residential complex hereafter to be constructed, or to any existing complex that is to be so modified as to require a building permit, unless provision for installation of a rapid entry system at the main gate or access point has been made. All plans submitted for the issuance of building permits for qualifying complexes shall contain provisions for a required rapid entry system.

B. All other gated multifamily residential complexes currently in existence that are subject to this chapter shall have one year from the effective date of this chapter to install an operational rapid entry system.

C. The chief of police shall be responsible for identifying and notifying the complexes that are subject to this chapter of its requirements, and scheduling necessary implementation with the owner or operator.

(Ord. 2182 § 1 (part), 2001)

Violations of this chapter may be enforced through criminal, administrative or civil action, or combination. Violations for a first offense are infractions and any subsequent violation committed or continued after thirty days from the date of a first violation shall be a misdemeanor. Penalties are as prescribed in Section 1.20.010 of this code.

(Ord. 2182 § 1 (part), 2001)