ORD 531ORDINANCE NO.531
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, ADDING CHAPTER 11.98 TO THE LA
QUINTA MUNICIPAL CODE RELATING TO EMERGENCY
ACCESS TO GATED COMMUNITIES BY LAW ENFORCEMENT
WHEREAS, law enforcement currently has no independent means for accessing
gated communities in the event of an emergency; and,
WHEREAS, the lack of standardized access to gated communities may delay
law enforcement's response times to emergencies and thereby endangers the public
in times of emergency; and,
WHEREAS, law enforcement must have immediate access to gated
communities during emergencies for lifesaving purposes and to investigate, prevent,
and respond to any public offenses or breaches of the peace.
NOW THEREFORE, the City Council of the City of La Quinta does hereby ordain
as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. This Ordinance shall be known and may be cited as the "La Quinta
Emergency Access Ordinance."
SECTION 3. Chapter 11.98 shall be added to the La Quinta Municipal Code as
written in Exhibit A attached hereto.
SECTION 4. In adopting this Ordinance, the City Council finds that the project is
categorically exempt from the California Environmental Quality Act (CEQA) pursuant
to Title 14 California Code of Regulations Sections 15061(b)(3) and 15378, in that it
can be seen with certainty that the adoption of the Municipal Code amendments
propose no activity that may have a significant effect on the environment and will not
cause a direct physical change in the environment or a reasonably foreseeable
indirect physical change in the environment.
SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance, and each section, subsection, subdivision,
sentence, clause, phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases or portions might
subsequently be declared invalid or unconstitutional.
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SECTION 6. This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
SECTION 7. The City Clerk shall certify to the passage and adoption of this
Ordinance, and shall cause the same to be published within fifteen (15) days after
passage in accordance with law, and shall cause this Ordinance and its certification,
together with proof of publication, to be entered into the Book of Ordinances of the
City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 15"day of December, 2015 by the following vote:
AYES: Councilmembers Franklin, Osborne, Pena, Radi, and Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
r
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City r t
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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CHAPTER 11.98 Emergency access to gated and other secured residential
communities.
11.98.010 Purpose and intent.
A. The purpose of this chapter is the protection of the public health, safety, and
general welfare by ensuring law enforcement has the opportunity for
immediate access to gated and other secured communities, which limit or
control access by the general public, in times of emergency to respond to public
offenses, breaches of the peace, or other natural- or human -induced disasters.
B. It is hereby declared that in any instance where the provisions of this chapter
conflict with any applicable federal or state law or regulation, such federal or
state law or regulation shall govern.
11.98.020 Definitions.
The following definitions shall govern the meaning of words and phrases used in this
chapter:
A. "Chief of police" means the chief of the police department or his/her designee.
B. "Emergency" means actual or threatened existence of conditions of a disaster
or of detriment to the safety of persons or to property within this city caused by
any natural- or human -induced event or events, including but not limited to
actual or threatened existence of conditions related to a crime or alleged
criminal conduct punishable under any 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 to notify the city or public safety officers of
conditions that otherwise constitute an emergency under this chapter.
C. "Existing gated community" means a gated community that, prior to the
effective date of this chapter, meets any one or multiple of the following:
1. Physical construction of the development has commenced or been
completed;
2. A complete or deemed complete application(s) for all necessary
development permits has been submitted and approved by the director(s) of
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the department(s) responsible for approving all application(s), in accordance
the La Quinta Municipal Code and standard city policies and practices.
3. 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.
D. "Fire chief" means the fire chief serving the city or his/her 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.
E. "Gated community" means any residential or mixed use development,
including residential projects of at least two or more units, that limits free and
open access to law enforcement or the general public, or both, because of on -
site security provisions, including but not limited to "manned" or "un-manned"
guard gates, barriers, locked common areas that provide the means of ingress
to or egress from a residence's door, or other restrictions. A single-family
residence with a gated driveway does not fall within this definition.
F. "Law enforcement" means any officer or official of the police department,
including the chief of police.
G. "Opportunity for immediate access" means a method, including but not limited
to an emergency key system or locked key box, by which the police department
may immediately access a gated community without the assistance of any
person.
H. "Police department" means the department providing police services to the
city, which may be the Riverside County Sheriff Department pursuant to a
contract for police services entered into with the city.
I. "Responsible party" 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.
11.98.030 Access During Emergency and to Preserve Public Safety.
Each gated community shall provide the opportunity for immediate access to law
enforcement at all times for emergencies. It shall be the responsibility of each gated
community to ensure its method of providing such access complies with standards
approved by the police department. It shall be the responsibility of each gated
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community to ensure that the method of access it adopts is installed and maintained
in good working order at all times.
11.98.040 Duties of Chief of Police.
It shall be the responsibility of the chief of police, upon consultation with the fire chief,
to implement a policy for acceptable methods of providing the opportunity for
immediate access to law enforcement to gated communities.
11.98.050 New Gated Communities.
After the effective date of this chapter, it shall be a condition of approval for the
development of any gated community to provide an opportunity for immediate access
to the gated community and to provide to the city manager or his/her designee, a
certification from the chief of police that the gated community has complied with this
chapter. The city manager or his/her designee, shall implement the requirement and
enforcement of this condition of approval, which may be a condition of approval to a
subdivision map or development permit.
11.98.060 Existing Gated Communities.
A. Within one (1) year of the effective date of 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 his/her designee, a certification from the chief of
police that the gated community has complied with this chapter.
B. If, as of the effective date of 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.
C. An existing gated community may submit an application for relief from the
requirements in subsection (A) or an adverse decision from the chief of police
under subsection (B) of this section, or both, pursuant to the following
procedures:
1. A hearing before the city manager pursuant to Section 2.08.180 and
related provisions of the La Quinta Municipal Code, as may be amended
from time to time;
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2. An administrative appeal of an adverse administrative decision of the
city manager to the city council pursuant to Section 2.8.230 and related
provisions of the La Quinta Municipal Code, as may be amended from
time to time.
11.98.070 Implementing Policy.
The city manager, after consultation with the chief of police, may adopt a policy for
the implementation of the requirements and enforcement 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.
11.98.080 Penalties.
Any responsible party who owns, manages, or operates a gated community in
violation of this chapter shall be subject to an administrative citation and fine
pursuant to Chapter 1.09 of the La Quinta Municipal Code, with each day a violation
exists being a separate and distinct violation, and the amount of each fine subject to
the maximum amount allowed pursuant to Section 1.09.020 of the La Quinta
Municipal Code, as may be amended from time to time. A violation of any provision of
this chapter shall be, and is hereby declared to be, a public nuisance. In addition to
any other enforcement permitted by the La Quinta 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.
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. _ which was
introduced at a regular meeting on the V day of Uee w>m , 2015, and was
adopted at a regular meeting held on the l50day of 'b?-C.FtgfQ' , 2015, not being
less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2014-013.
SUSAN MAYSELS, City Cle
City of La Quinta, Californ a
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on 1Qt ewbQ,R.. �11 , 2015 pursuant to Council
Resolution.
� - 9-� � Llh
SUSAN MAYSELS, City qrk
City of La Quinta, California
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