Sacramento County Municipal Code Ch. 16.70 Access Controls

The increasing tendency to install mechanical gates in order to control vehicular and pedestrian access to private streets, parking areas, and mall areas for the purpose of improving security, creates a counterbalancing public safety hazard by restricting access of police and fire safety vehicles or personnel, absent measures which guarantee access by such vehicles or personnel in a timely, non-destructive and otherwise effective manner. The purpose of this chapter is to ensure that such measures are taken.

(SCC 494 § 1, 1982; SCC 578 § 22, 1983)

As used in this chapter, the following terms shall be ascribed the following meanings:

a. "Mall areas" means any privately owned enclosed or unenclosed common area established for vehicular or pedestrian use, and from which access is gained to more than one retail shop or store or professional or other commercial office, or more than four dwelling units.

b. "Mechanical gates" means a gate, crossbar, door or other obstructive device which is utilized for the purpose of restricting, controlling or obstructing entry or exit by motor vehicles or pedestrians to or from private streets, parking areas, or mall areas, and which is not manned on a 24-hour, seven-day-per-week basis by a person capable of providing immediate access by a police or fire safety vehicle or personnel;

c. "Parking areas" means any privately owned parking lot or similar parking area utilized for the parking of commute (non-recreational) motor vehicles by those shopping at a retail commercial establishment or residing in or visiting a subdivision, apartment complex, condominiums or other residential development containing more than four residential dwelling units;

d. "Private street" means a street which is not open to use by the public at large and which is utilized for the purpose of providing vehicular access to a subdivision, apartment complex, condominiums or other residential development which includes more than four residential dwelling units;

(SCC 494 § 1, 1982; SCC 578 § 22, 1983)

From and after the date this chapter becomes effective, it shall be unlawful for any person to install a mechanical gate unless either: (i) the sheriff certifies in writing that the timely, non-destructive or otherwise effective access of police and fire safety vehicles or personnel will not be impaired; or (ii) the mechanical gate is equipped with an emergency override control device which permits access by police and fire safety vehicles or personnel in a manner which the sheriff determines is timely, non-destructive and otherwise effective. The emergency override control device shall be a key-operated type switch, lockbox key control or similar mechanism approved by the sheriff.

(SCC 494 § 1, 1982; SCC 578 § 22, 1983)

The sheriff may formulate and promulgate written regulations which:

a. Define, describe or otherwise prescribe performance characteristics of required emergency override control devices, including prescription of a particular type or brand of device when necessary to promote security or efficiency;

b. Identify standards or criteria under which the sheriff will certify that the existence of a mechanical gate does not impair timely, non-destructive or otherwise effective access by police or fire safety vehicles or personnel; or

c. Establish procedures to ensure appropriate utilization of emergency override control devices and preservation of the security of mechanical gates.

(SCC 494 § 1, 1982; SCC 578 § 22, 1983)

From and after the date on which this chapter becomes effective, no person shall install a mechanical gate unless a written permit therefor has first been issued by the sheriff which either: (i) certifies that the timely, non-destructive or otherwise effective access of police and fire safety vehicles or personnel is non impaired thereby; or (ii) approves the emergency control device to be installed in connection with the mechanical gate. The permit may be issued by the sheriff subject to such conditions as the sheriff deems necessary to achieve the objects and purposes of this chapter.

The permit may be denied on grounds either: (i) that the applicant has not proposed installation of an emergency override control device and the mechanical gate would impair timely, non-destructive or otherwise effective access by police or fire safety vehicles or personnel; (ii) the emergency override control device proposed fails to comply with the requirements of this chapter or any regulations promulgated by the sheriff pursuant to Section 16.70.040; or (iii) installation, operation or maintenance of the mechanical gate would violate another county ordinance, state law, or an applicable law of another governmental jurisdiction, provided that the issuance of the permit shall not be deemed to constitute an express or implied representation that the gate complies with such other laws or be deemed to excuse compliance with such other laws.

Application for the permit shall be made upon such written form as is prescribed by the sheriff, and shall be accompanied by such information, data and plans as are required by the sheriff.

The Board of Supervisors may, by resolution, establish a fee required to be paid upon filing of an application for a permit required by this section. The amount of any such fee shall not exceed the costs of administering the provisions of this chapter.

(SCC 494 § 1, 1982; SCC 578 § 22, 1983)

With respect to any project which incorporates a mechanical gate, a permit under Section 16.70.050 shall have been issued therefor in advance of the issuance of any building permit for construction in connection with the project under this title.

(SCC 494 § 1, 1982; SCC 578 § 22, 1983)

The sheriff shall be authorized to issue and serve personally or by mail a written declaration of nuisance upon any party who owns or operates a mechanical gate which was installed prior to the date this chapter becomes effective, if the sheriff determines that the mechanical gate impairs the timely, non-destructive or otherwise effective access by police and fire safety vehicles or personnel, and that by reason of such impairment a serious threat to the health or safety of persons exists. Any such declaration shall contain a statement of the facts upon which the determination by the sheriff is based, a statement informing the party upon whom the declaration is served that it shall be unlawful for the mechanical gate to be maintained or operated 90 calendar days following the date of personal service or mailing of the declaration unless a permit therefor has been issued by the sheriff pursuant to the provisions of Section 16.70.050, and shall have attached thereto a copy of the provisions of this chapter.

From and after 90 calendar days following the date of personal service or mailing of a declaration of nuisance, it shall be unlawful for any party to operate or maintain a mechanical gate which is the subject of the declaration of nuisance, unless a permit therefor has been issued pursuant to the provisions of Section 16.70.050.

(SCC 494 § 1, 1982; SCC 578 § 22, 1983)

The applicant for a permit required by the provisions of either Sections 16.70.050 or 16.70.070 may appeal the denial thereof or conditions of issuance thereof to the Board of Supervisors. The appeal shall be filed in writing with the Clerk of the Board of Supervisors not later than 15 calendar days following the denial of the permit or issuance of the permit containing the objectionable condition or conditions, and shall state the reasons for the appeal.

The party upon whom a declaration of nuisance has been served pursuant to the provisions of Section 16.70.070 may appeal the declaration to the Board of supervisors. The appeal shall be filed in writing with the Clerk of the Board of Supervisors not later than 15 calendar days following the date of personal service or mailing of the declaration, and shall state the reasons for the appeal.

Upon receipt of a timely filed appeal, the Clerk of the Board shall set the matter for hearing, and shall mail written notice of the time and date thereof to the appellant and to the Sheriff. During the hearing, the appellant shall be afforded the opportunity to present oral and documentary evidence, and the right of cross-examination.

After the conclusion of the hearing, the Board of Supervisors shall decide the appeal, and the Board's decision shall be final.

(SCC 494 § 1, 1982; SCC 578 § 22, 1983)

It shall be unlawful to operate or maintain a mechanical gate for which a permit is required by either Sections 16.70.050 or 16.70.070 unless a valid, unrevoked permit has been issued therefor, or to operate or maintain any such mechanical gate in violation of any condition upon which such a permit is issued. An emergency override control device installed pursuant to such a permit shall at all times be maintained in good condition and repair so long as the mechanical gate is utilized to control, obstruct or inhibit vehicular or pedestrian access.

(SCC 494 § 1, 1982; SCC 578 § 22, 1983)

A permit issued pursuant to the provisions of either Sections 16.70.050 or 16.70.070 shall be subject to revocation upon any one of the following grounds:

a. Failure to comply with any one or more of the conditions of the permit;

b. Failure to maintain any emergency override control device in good condition and repair as required by Section 16.70.090;

c. Failure to comply with any regulations promulgated pursuant to the provisions of Section 16.70.040; or

d. Violation of any of the requirements of this chapter.

(SCC 494 § 1, 1982; SCC 578 § 22, 1983)

The provisions of this chapter shall not be deemed to either expressly or impliedly repeal, amend or otherwise supersede any ordinance or law which pertains to the same or similar subject matter, and the provisions of this chapter together with those of such other law or ordinance shall each be deemed to be fully applicable and operable.

(SCC 494 § 1, 1982; SCC 578 § 22, 1983)