[Adopted 6-14-2005 by L.L. No. 3-2005[1]]
[1]
Editor's Note: This article was adopted as Ch. 193, §§ 193-86
through 193-92, but was renumbered to fit into the organizational
structure of the Code.
[Amended 7-14-2009 by L.L. No. 4-2009]
All gates for gated roadways, accessing subdivisions and developments,
and all gates from a roadway to any private properties that are installed
for access to residential dwellings and/or any other structures may
not be installed without a building permit. The building permit shall
provide the name, address and telephone number of a local (Town of
Highland) contact person on a twenty-four-hour-a-day, seven-day-a-week
basis.
No gate shall be installed without provisions for access for
all emergency service providers, including but not limited to fire,
ambulance, code enforcement officials, constables, Sheriff's Department
and the New York State Police.
A.Â
Knox boxes.
Access shall be provided by means of establishing a "Knox box" installation.
All Knox boxes shall be uniform throughout the Town of Highland, and
access by emergency service providers and/or other authorized individuals
or agencies shall be with a single uniform key.
B.Â
All gated roadway areas must be a minimum width of 18 feet to allow
access for emergency vehicles of all types and sizes.
C.Â
Gates.
(1)Â
All gates shall be designated so that they will remain open throughout
the entire emergency event.
(2)Â
All gates must have a power backup or manual override. In the event
of a power outage, the gate must automatically open and remain open
during the outage.
[Amended 6-11-2006 by L.L. No. 5-2006]
(3)Â
All gates shall have design features providing for a practical means
for emergency services and other authorized individuals or agencies
entry in the event of lock or locking mechanism failure due to power
outages or for any other reason.
No emergency service providers or other authorized individuals
or agencies shall be held liable for gate and/or fence damages or
gate and/or fence removal in responding to emergency calls, and they
shall be held harmless by the subdivider, developer, homeowners' association
and/or individual private homeowner.
Building permit fees shall be as established by the Town Board
and updated from time to time as needed. The current fee herein established
is $100 per gate per gated roadway. Gates to individual properties
also require a permit; however, the fee is $10 per gate.
The Code Enforcement Officer, constables and any police agency
are hereby empowered and authorized to exercise such powers as may
be necessary or convenient to carry out and effectuate the purposes
and provisions in this article.
A.Â
Any person committing an offense against any provision of this article
shall, upon conviction thereof, be punishable by the imposition of
a fine in an amount to be fixed by the court, not exceeding $1,000
or up to 15 days in jail, or both such fine and jail sentence. In
addition to the penalties set forth above, or in lieu of same, the
court may impose a fine, to be payable to the Town, equal to the cost
of removal of the gate erected by the violator.
[Amended 7-14-2009 by L.L. No. 4-2009]
B.Â
Each and every day a violation of this article continues shall constitute
a separate violation and the penalties prescribed above shall be applicable
to each such separate offense, except that no further penalty shall
be imposed for the period during which any appeal from a conviction
of such offense is pending.
C.Â
In addition to the above-provided penalties and punishment, the Town
Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of this article.
