[HISTORY: Adopted by the Township Committee of the Township of Colts Neck 11-8-1995 (Ch. 30 of the 1969 Code). Amendments noted where applicable.]
The increasing tendency to install gates, and, in particular, mechanical gates, in order to control vehicular and pedestrian access to private streets and driveways for the purpose of improving security creates a counterbalancing public safety hazard by restricting access of police, fire safety or other emergency vehicles or personnel, absent measures which guarantee access by such vehicles or personnel in a timely, nondestructive and otherwise effective manner. The purpose of this chapter is to ensure that such measures are taken.
As used in this chapter, the following terms shall have the following meanings:
- MECHANICAL GATES
- A gate, crossbar, door or other obstructive device which is utilized for the purpose of restricting, controlling or obstructing entry or exit by motor vehicles or pedestrians to or from a private street, and which is not manned on a twenty-four-hour, seven-day-per-week basis by a person capable of providing immediate access by a police or fire safety vehicle or personnel.
- PRIVATE STREET
- An undedicated street or driveway which is utilized for the purpose of providing vehicular access to a subdivision, multifamily residential development or single-family residence.
- POLICE DEPARTMENT
- The Colts Neck Police Department.
[Amended 8-28-1996; 1-29-1997]
From and after the effective date of this chapter, it shall be unlawful for any person or entity to install a mechanical gate or suffer or permit any such gate installed after such effective date to remain on any premises within the township unless either:
The mechanical gate is equipped with an emergency override control device, purchased through the Police Department at a cost which shall not exceed the actual cost of the purchase of such device by the Police Department, including mailing or delivery costs. Such emergency override control devise shall be installed in accordance with the manufacturer's specifications and shall permit access to the private street by police, fire safety and other emergency vehicles or personnel. The emergency override control device shall be a key-operated type switch, lockbox key control or similar mechanism approved by the Chief of Police. Keys for the operation of such device shall be maintained in the sole possession of the Police Department. Such emergency override control device shall be installed within 10 feet of either side of the opening enclosed by such gate and at a height of between 3 feet to 5 feet from grade level.
The Chief of Police certifies, in writing, to the Construction Official that the installation of such mechanical gate will not impair the timely or safe access of police, fire safety or other emergency vehicles or personnel to the private street in question.
In no event, however, shall any gate, whether mechanical or otherwise, be installed which shall have an entry way of less than 13 feet in width. In addition, no arch or other structural member shall be installed spanning the entry way of any such gate, or mechanical gate, which shall be less than 15 feet in height, at any point, from the grade elevation of such entry way.
The owner of any premises upon which a mechanical gate shall have been located prior to the effective date of this chapter may purchase an emergency override control device of a type approved by the Chief of Police from the Police Department, which shall be installed on such gate in accordance with the requirements of § 153-3 of this chapter. The purchase price for such device shall be the actual cost of the device paid by the Police Department as provided for in such section. The requirements of this chapter shall be in addition to any other requirements for the issuance of a construction permit or other approval required by law in connection with the installation of any such gate.
[Amended 10-8-1997; 3-8-2006]
A violation of any provision of this chapter shall be punishable as provided in § 1-9 of this Code.