The purpose of this chapter is to establish minimum standards for the required installation and maintenance of emergency electronic access devices on controlled access gates at multi-unit residential properties and storage facilities within the city of Highland.
(Ord. 320 § 1, 2008)
A. 
The city council finds that controlled access gates present a considerable obstacle to emergency personnel while engaged in the performance of their duties, causing avoidable delays that create an unacceptable public burden that can be mitigated through the installation of emergency access devices.
B. 
The city council finds that it is necessary that public safety personnel are afforded expeditious and unobstructed access to multifamily residential properties and storage facilities, as defined, by public safety personnel is particularly important where the actions of one individual may negatively impact the lives and property of others.
C. 
The city council finds it is necessary to implement regulations and procedures to require installation of emergency electronic access devices on gates to all multifamily residential properties and storage facilities, as defined, is necessary and prudent to protect the public peace, safety and welfare.
D. 
The city council finds that regulating the installation and maintenance of emergency electronic access devices as herein described relates to the proper exercise of the city's police power to protect the health, safety and welfare of the public.
(Ord. 320 § 1, 2008)
For the purposes of this chapter, unless otherwise apparent from the context, certain words, terms, phrases and their derivations are defined as follows:
A. 
"Chief of police"
means the chief law enforcement officer of the city of Highland or his/her authorized representative.
B. 
"City"
means the city of Highland.
C. 
"Electrically operated gate"
means any gate which is operated by an electrical mechanism to facilitate vehicular or pedestrian ingress to or egress from a public or private property, driveway, yard, or parking area.
D. 
"Emergency access device"
means any locking mechanism, padlock, keyed lockset, keyed electric switch, radio-operated remote gate opener receiver, or other security apparatus that is approved by both the chief of police, which is intended to facilitate emergency ingress to or egress from any gated multi-unit residential property, including any locked building or otherwise secured area on such property, by emergency response personnel or for purposes of lawful inspection, routine patrol, or other official purposes by police or fire department personnel.
E. 
"Emergency personnel"
means any person of an official capacity employed by the city of Highland, or any public officer, police officer, or an emergency medical technician as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, including but not limited to any paramedic, firefighter, fire department employee, police department employee, code enforcement officer, animal control officer, ambulance driver, or any person acting under the lawful direction of any of the aforementioned authorized officials.
F. 
"Fire chief"
means the chief officer of the fire department serving the city of Highland or his/her authorized representative.
G. 
"Fire department"
means the city of Highland fire department.
H. 
"Gate"
means any electronically controlled device used as a barrier to control vehicular ingress to or egress from an area, whether installed in the perimeter fence line or an interior area of a multi-unit residential property.
I. 
"H-Key system"
means a remote radio-controlled receiver gate operation system, which is a type and specification approved by the chief of police for the city of Highland, which is installed upon and activates electrically operated gates to facilitate rapid ingress to or egress from properties by emergency personnel.
J. 
"Key switch"
means a security keyed electrical switch.
K. 
"Key padlock"
means a security padlock.
L. 
"Key vault"
means a security metal vault that is used to store keys for emergency personnel.
M. 
"Multi-unit residential property"
means a residential property, complex or grouping consisting of five or more residential units and typically includes mobile home parks and apartments.
N. 
"Pass key"
means any key, magnetic key card, password or combination code used to facilitate the unlocking and opening of any gate, lock, keyed switch, padlock, or electronically controlled lock mechanism.
O. 
"Police department"
means the city of Highland police department.
P. 
"Storage facility"
means a building, buildings or area primarily used for storage or safekeeping of goods, materials, or vehicles and typically includes mini-storage facilities and facilities for storage of recreational vehicles.
(Ord. 320 § 1, 2008)
A. 
The owner of a multi-unit residential property or storage facility, as defined, to which vehicular access is controlled by a perimeter fence or gate, shall equip and maintain every such gate with an approved emergency access (H-Key system) device, in addition to all other requirements.
B. 
No person shall erect, operate, or maintain any controlled vehicular access gate for a multi-unit residential property or storage facility, as defined, unless that gate is equipped with an approved emergency access (H-Key system) device in addition to all other requirements.
C. 
Any electrically operated vehicular access gate at a multi-unit residential property or storage facility as defined shall be equipped with both an approved emergency access (H-Key system) device and a key switch device or key vault device.
D. 
Each multi-unit residential property and storage facility in the city shall be in compliance with the requirements of this chapter within 180 days of its effective date.
(Ord. 320 § 1, 2008)
A. 
No person shall willfully tamper, vandalize, injure, destroy, break down, pull down, deactivate, interfere with the radio transmitter signal, or otherwise willfully compromise the intended operation of any emergency access device, including but not limited to any pass key, key padlock, key vault, key switch, or H-Key system, including but not limited to the transmitter, receiver, antenna, gate and gate operating mechanism, equipment enclosure, or electrical wiring.
B. 
No person shall willfully attempt to tamper with or commit any act in furtherance of tampering with an emergency access device.
C. 
For the purpose of this section, it is not necessary that a tampering action result in actual physical damage to the emergency access device.
D. 
Any person in violation of this section may also be subject to charges pursuant to Penal Code Section 594.
(Ord. 320 § 1, 2008)