For the purpose of this article, the following definitions shall apply:
Automatic/mechanical gate.
Any type of gate that uses either electricity or battery power or a non-powered mechanism which opens upon activation by a secondary device or non-powered mechanism.
Fire chief.
The fire chief of the volunteer fire district, or any successor fire department that provides fire protection services in the town.
Gate system.
Includes any drive gate, operating mechanism, receiver, electrical system, optical scan, chain, belt, pulley, all hardware appliances and all other types of equipment or items necessary for each gate to function as described herein.
Knox key switch.
A key switch from the Knox Corporation that is to be used to control electrically (battery, solar or AC) powered gates according to the requirements of this article. The key switch to be used will be one designated by the town administrator or fire chief as an acceptable model for use in the town.
Knox padlock.
A padlock from the Knox Corporation that is to be used to control manually or mechanically operated gates according to the requirements of this article. The padlock to be used will be designated by the town administrator or fire chief as an acceptable model for use in the town.
Main gate.
Any gate and/or entry gateway designed as the primary entrance for guests, residents, deliveries, employees, patrons, etc., regardless whether said gate is situated between private and public properties, or between two areas of private property.
Manual gate.
Any type of gate that is not connected to an automatic or mechanical opening device.
Owner.
A person, corporation, partnership or any other similar entity having any legal or equitable interest in property.
Primary emergency access.
The drive or access point designated as the primary point or one of several primary points of ingress/egress for emergency vehicles.
Secondary emergency access.
The drive or access point designated as a secondary or backup means of ingress/egress for emergency vehicles.
Security gate.
Any type of gate (main, primary drive, or pedestrian) that limits or controls access onto the property where it has been installed. A security gate may also control access to a primary structure or other structures on private property from another area of private or public property. The security gate will be capable of being secured or locked by any number of means (electrical lock, mechanical lock, pad lock, etc.) and may be controlled automatically, mechanically or manually.
(Ordinance 08-248 adopted 4/14/08)
(a) 
General requirements.
At least one primary emergency access drive shall be designated to accommodate emergency service vehicles.
(b) 
Knox key switch for primary emergency access drive gates.
All gates electrically operated that block the primary emergency access drive shall be equipped to operate with a Knox key switch and a fail safe manual backup or automatic release in the event of a failure of the electrical system. The Knox key switch shall be located on a weathertight key pad pedestal or weathertight call box as approved by the town administrator or fire chief. Gate systems that utilize optical scanning equipment shall be deemed in compliance with this section.
(c) 
Padlock for manually operated gates.
All gates mechanically or manually operated that block the primary emergency access drive shall be equipped to operate with a Knox padlock.
(d) 
Manual primary emergency access gates.
If a manually operated primary emergency access gate is not routinely used or is commonly left in an open position, the gate nevertheless must have a Knox padlock installed which will secure the gate in a “locked-open” position.
(e) 
Exemption for vacant land or land upon which is located an uninhabitable structure.
A primary emergency access gate shall be exempted if it provides access only to vacant land and/or structures not suitable for human habitation and the town administrator or his designee has not made a determination that the gate provides a critical means of ingress/egress which would need to be used in the event of an emergency. Any such exemption shall remain in effect until such time as there exists on the property a structure suitable for human habitation or the existing structure becomes suitable for human habitation.
(f) 
Exemption for Knox device for primary emergency access drive.
An unlocked primary emergency access gate shall be exempted if no mechanical or other locking device is present and a notarized affidavit is submitted by the property owner agreeing to maintain this condition.
(Ordinance 08-248 adopted 4/14/08)
All emergency access drive gates constructed after the effective date of this article shall maintain a minimum clear-opening width of not less than ten feet (10') and a minimum unobstructed height of fourteen feet (14').
(Ordinance 08-248 adopted 4/14/08)
Every residential building and structure that has limited access due to a primary drive or main gate which blocks a primary emergency access drive shall be required to make application to the town administrator or his designee for the appropriate Knox device(s) (key switch and/or padlock). The application shall be in written form by a town-supplied application that shall be completed and submitted to the town administrator or his designee. The owner is responsible for all costs for obtaining the key switch and all associated installation fees that may be required to install the key switch into the electrically operated gate system. Upon installation of the key switch, the property owner shall contact the fire chief and/or town administrator or his designee to test the operation of the key switch. The owner is responsible for all costs for obtaining and installing the Knox padlock. The Knox system shall be uniquely keyed to the town for use by emergency services only.
(Ordinance 08-248 adopted 4/14/08)
Electrically operated gates shall be opened by means of a key switch located on a weather-tight key pad pedestal or weathertight call box as approved by the town administrator or his designee. Upon activation of the key switch, the affected gate shall automatically open to a locked-open and disabled condition. The system shall require manual reset to close the gates after emergency activation. In the event of power failure the gate shall open freely unless equipped with a manual disconnect capability secured with a Knox padlock. The gate shall be capable of being opened manually by one person of average stature. The manually operated gate shall normally be opened by means of the Knox padlock that is mounted to the gate and/or security chain.
(Ordinance 08-248 adopted 4/14/08)
Gates and gate systems shall be tested upon completion of the installation of a Knox key switch and/or padlock at least annually or when required by the town administrator or his designee. It shall be the property owner’s responsibility to ensure the emergency access system is maintained in a sound, working order at all times as originally designed and installed and to allow the testing of the device by the town administrator or his designee. Failure of a Knox device test shall require all affected gates to be chained and locked in the open position until repaired by the owner and retested by the town administrator or his designee.
(Ordinance 08-248 adopted 4/14/08)
Any person, firm or corporation that has a functioning automatic/mechanical gate, other than one specified herein, controlling access to the property and has provided to the appropriate law enforcement and fire district personnel the correct code for emergency access to the property, shall be exempted from the provisions of this article.
(Ordinance 08-248 adopted 4/14/08)
Any person, firm, or corporation violating any of the provisions or terms of this article shall be guilty of a misdemeanor and upon conviction, shall be fined a sum not to exceed $200.00 for each offense, and each and every violation or day such violation shall continue or exist, shall be deemed a separate offense.
(Ordinance 08-248 adopted 4/14/08)