For purposes of this chapter, the following definitions apply:
means the police chief serving the city or designee.
means actual, threatened or perceived existence of conditions
of a disaster or of detriment to the safety of persons or to property
within the city of Rancho Mirage caused by any natural or human-induced
event or events, including, but not limited to, actual, threatened
or perceived existence of conditions related to a crime or alleged
criminal conduct punishable by law. An emergency may, but need not,
be reported to law enforcement by means of an emergency call ("911
call"), alarm system, or any other means of notification to the city
or public safety officers of conditions that constitute an emergency
under this chapter.
means a policy implemented by the police department which
sets forth standards and/or criteria for gated communities to provide
opportunity for immediate access.
means a gated community with restricted access that, prior
to the effective date of the ordinance codified in this chapter, meets
any one of the following:
Physical construction of the development has commenced or been
completed;
A complete application(s) for all necessary development permits
has been submitted and approved by the city's approving authority,
in accordance with the Rancho Municipal Code and standard city policies
and practices; and/or
Development of the community has been approved by issuance of
a grading permit, building permit, conditional use permit, development
agreement, subdivision map, or other permit or entitlement.
means the fire chief serving the city or designee. The fire
chief may be that person so designated by the Riverside County fire
department pursuant to a contract for fire services entered into with
the city.
means any residential or mixed use development consisting
of at least two residential units that limits free and open access
to law enforcement and/or the general public because of on-site security
provisions, including, but not limited to, "manned" or "unmanned"
guard gates, barriers, locked common areas that provide the means
of ingress to or egress from a residence's door, or other restrictions.
For purposes of this chapter, a single-family residence with a gated
driveway which is not located within a gated community does not fall
within this definition.
means any officer or official of the police department, including
the chief of police.
means a method, including, but not limited to, an emergency
key system or locked key box, by which the police may immediately
access a gated community without the assistance of any person.
means the department providing police services to the city,
which may be the Riverside County sheriff's department pursuant to
a contract for police services entered into with the city.
means the person(s) charged with the responsibility for managing
a gated community, including, but not limited to, the owner of the
real property that has a gated community, the owner or manager of
the gated community, or the board of directors of the homeowner's
association for the gated community or representative thereof.
(Ord. 1170 § 2, 2020)
Each gated community shall provide opportunity for immediate
access to law enforcement at all times for emergencies. It is the
responsibility of each gated community to ensure its method of providing
such access complies with standards approved by the police department
as may be set forth in an emergency access policy. It shall be the
responsibility of each gated community to ensure that the method of
access is in good working order at all times.
(Ord. 1170 § 2, 2020)
The chief of police, upon consultation with the fire chief,
shall implement a policy for acceptable methods of providing the opportunity
for immediate access to law enforcement to gated communities.
(Ord. 1170 § 2, 2020)
Upon the effective date of the ordinance implementing this chapter,
development of any gated community will be subject to a condition
of approval to provide an opportunity for immediate access to the
gated community consistent with any emergency access policy, and to
provide the city manager or designee a certification from the chief
of police that the gated community has complied with this chapter.
The city manager or designee shall implement the requirement and enforcement
of this condition of approval.
(Ord. 1170 § 2, 2020)
A.
Within
one year of the effective date of the ordinance implementing this
chapter, it shall be the responsibility of each existing gated community
to provide the opportunity for immediate access to law enforcement
at all times for emergencies, and to provide to the city manager or
designee, a certification from the chief of police that the gated
community has complied with this chapter, consistent with any emergency
access policy.
B.
If,
as of the effective date of the ordinance implementing this chapter,
an existing gated community already has implemented a method of providing
an opportunity for immediate access to law enforcement, it shall be
the existing gated community's responsibility to consult with the
chief of police to ensure that its method of compliance conforms to
law enforcement's standards. The chief of police shall have the authority
to determine whether a method of providing an opportunity for immediate
access conforms to law enforcement's standards as may be set forth
in an emergency access policy.
(Ord. 1170 § 2, 2020)
The city manager, after consultation with the chief of police,
may adopt a policy for the implementation of the requirements of this
chapter. The policy may include an opportunity for an existing gated
community to propose an alternative method for providing an opportunity
for immediate access to law enforcement that complies with this chapter,
and the policy may include available alternatives to existing gated
communities that would assist an existing gated community in complying
with this chapter.
(Ord. 1170 § 2, 2020)
Any responsible party shall be subject to an administrative
citation and fine in an amount not to exceed five hundred dollars
for a first violation, one thousand dollars for a second instance
of the same offense within a twelve-month period commencing on the
date of the first violation, and one thousand five hundred dollars
for the third instance of the same offense within a twelve-month period
commencing on the date of the first violation. In addition to any
other enforcement permitted by the Rancho Mirage Municipal Code, the
city attorney may bring a civil action for injunctive relief and civil
penalties against any person who violates any provision of this chapter.
A violation of any provision of this chapter shall be, and is hereby
declared to be, a public nuisance. Remedies under this chapter are
in addition to and do not supersede or limit any and all other remedies,
civil or criminal. The remedies provided for herein shall be cumulative
and not exclusive.
(Ord. 1170 § 2, 2020)
