§ 97.72  INSTALLATION AND CONSTRUCTION.
   All roadway gate installations and construction shall conform to the following additional requirements:
   (A)   Approvals required.  All gate installations shall be approved by the Director of Public Service after review by the Planning and Engineering Departments and by the Director of Public Safety after review by the City Fire Inspection Bureau and Chief of Police.
   (B)   Gate openings and clearances. 
      (1)   Gates may incorporate one or two gate sections to meet the required minimum width of the private street as set forth in the city subdivision ordinances, and any other City Code that relates to development, streets, and utilities.
      (2)   The approach, alignment and departure areas on both sides of the gate shall allow for free and unimpeded passage of emergency, safety and city service vehicles through the gate area.
      (3)   An appropriately sized vehicle turn around or paved area as approved by the City Engineer shall be provided at any gate to allow vehicles that have been denied entry, the ability to exit the gate area without having to backup into another roadway.
   (C)   Medians and structures. 
      (1)   If the entrance will incorporate a median, guard shack, or similar structure that necessitates a divided gate design, alternative gate widths may be permitted, upon written request to the City Planning, Engineering and Fire Departments and after review and approval by the Director of Public Service and the Director of Public Safety.  In no case shall any single gate or private street have a clear opening or width less than 12 feet.
      (2)   Gates shall not include any overhead obstructions and no portion of the gate shall exceed eight feet in height as measured from the finished road surface.
   (D)   Materials and construction.  All gates shall be designed and constructed to meet the following requirements:
      (1)   Constructed of material which would not obstruct line of sight from public side to private side of gate or vice-a-versa.
      (2)   Gate equipment will be either pre-finished in an approved color or painted with an approved color and screened with plant material as required by the approval process.
      (3)   All gates shall include some retroflectivity element on the gate and centered on the approaching lane of travel.  The retroflectivity element shall use ODOT approved diamond grade reflective materials.
      (4)   Gates shall not open towards approaching traffic.
      (5)   All gates shall be designed in such a way that causes no damage to public infrastructure including but not limited to roadways, curbing, sidewalks and utilities.
      (6)   The access control device shall be clearly identified and mounted in a way to be easily operated from passenger vehicles, SUV's, emergency and public service vehicles.
      (7)   All gates must be lighted sufficiently to allow for visibility at night without the use of any additional external light source (i.e. vehicle headlights).  Any electrical service for gate access control devices, fixtures and lighting, shall be provided by underground service and shall be installed by the owners, developers, subdividers or HOA in conformance with city standards and at the owners, developers, subdividers or HOA's expense.
      (8)   A proper power supply should be maintained to all electrical and electronic components at all times.
      (9)   All gate systems shall be tested by the City Fire Inspection Bureau before being placed into service.
   (E)   Emergency access. 
      (1)   City safety forces shall be provided with all access codes and keys for any gate.  All electronic or electro-mechanical gates must also have the capability to be opened by a manual override procedure or process.  An owner, developer, subdivider or HOA must purchase and install a 1600 or 3200 series Knox System lock box as directed by the Director of Public Safety.
      (2)   City safety force personnel shall have the right to enter upon private land by opening, disabling, or removing any roadway gate, device or other feature that impedes or controls vehicle access.  Any damage done as a result of opening, disabling, or removing any roadway gate, device or other feature shall be at the sole expense of the owner, developer, subdivider or HOA.
   (F)   Secondary means of access  required.  All owners, developers, subdividers or HOA's shall provide for a secondary means of vehicle access other than through a gated entrance, when the gated entrance serves two or more lots, parcels of land or dwelling units.  Secondary means of access shall be designed to allow access by emergency, safety and service vehicles and shall be approved by the City Engineer.  Such secondary access will be maintained by the property owner to allow all weather access.
   (G)   Good working order required. 
      (1)   All components of a gate system shall be maintained in an approved operating condition, with all components serviced and maintained at the sole expense of the owner, developer, subdivider, or HOA, on a regular basis to insure proper gate operation.
      (2)   Any gate regulated by this policy shall be subject to a regular performance test conducted by the City Fire Inspection Bureau.  Upon a failure of any performance test, the gate system shall be disabled and maintained in the open position until repaired and shall not be placed back in service until tested and approved by the City Fire Inspection Bureau.
   (H)   Hold harmless.  An owner, developer, subdivider, or HOA requesting a gate approval shall be required to execute a release, indemnity and hold harmless agreement whereby they as owners of private land, buildings, street and appurtenances, existing behind an approved gate, agree to release, indemnify, defend and hold harmless the city, its elected and appointed officials and employees for any damages and injuries (including death) arising from the approval of a requested gate or subsequent act or omission that was impacted by the placement of said gate.
(Ord. 14-056, passed 8-5-14)  Penalty, see § 97.99