§ 32-81. Emergency vehicle access to gated subdivisions.

(a)

Emergency vehicle access.

(1)

Unless otherwise provided herein, entryway gates or other restricted access gates allowing restricted access from the public right-of-way to a gated subdivision within the town, shall, before such gates may be closed, be equipped with an emergency vehicle access system the technology of which shall be approved by the police chief. For purposes of this section 32-81, references to the police chief shall mean the police chief or his designee. Until such time as a gated subdivision's emergency vehicle access system has been inspected, approved, and deemed compliant with the provisions of this section by the police chief, the gate shall remain open.

(2)

After initial approval is obtained from the police chief, said emergency vehicle access system may be inspected, from time-to-time, but will be inspected no less than annually, to ensure that the emergency vehicle access system is acceptable and in good working condition.

(3)

Notwithstanding anything herein to the contrary, the police chief may require an existing emergency vehicle access system to be updated, modified, or replaced in order to remain operational following changes in technology, policy, or equipment used by the town's public safety personnel. In the event the existing emergency vehicle access system must be updated, modified, repaired, or replaced, such change shall be made within the time required by the police chief. If necessary for the public health, safety, and welfare, the police chief may require such gates to remain open until such time as the changes are fully effectuated and approved by the police chief.

(4)

Any request for an exemption to or decision concerning this section shall be placed in writing and delivered to the police chief. The decision of the police chief shall be in writing and shall be final, provided, however, that any such decision by the police chief may be appealed in writing within 30 days to the town council.

(b)

Emergency vehicle access for existing gated subdivisions. Gated subdivisions existing within the town limits as of the effective date of this section, shall comply with the provisions of this section in a time frame determined by the police chief.

(c)

Emergency vehicle access for gated subdivisions annexed into the town. Gated subdivisions annexed into the town after the effective date of this section shall comply with the provisions of subsection (a), above, prior to the effective date of the annexation ordinance.

(d)

Minimum access. The provisions of this section are intended to ensure a minimum level of access by emergency personnel during emergencies and shall not be construed to guarantee the safety of citizens within a gated subdivision during an emergency.

(e)

Exceptions. This section shall not apply to those gated subdivisions which are physically attended by a person on a 24-hour basis.

(Ord. No. 2018-03, § 2, 9-11-2018)