§ 21-189. Security gates.

(a)

Definitions.

(1)

As used herein a security gate shall be any device located on private property which prohibits access of motor vehicles to more than one (1) residence. It includes, but is not limited to, a metal or wood swing railing extending across a street which can only be opened by a human operator situated on the premises, or by remote control or both.

(2)

Owner shall mean a natural person, corporation, partnership, association or any other similar entity.

(3)

Light duty metal chain means a chain with the maximum diameter of metal in the links being one-quarter inch and does not mean high test proof coil chains or other heat tampered chain, regardless of size.

(4)

Main gate means a security gate located on private residential property where more than one (1) security gate exists and which has been designated in writing by the owner to the police and fire department as the main access to the property and the gate to which the restrictions of subsection (b) apply.

(b)

Security gates. It shall be unlawful for any owner of private property to have a security gate located on such property unless such gate complies with one (1) or more of the following:

(1)

The security gate consists of wooden railing(s) extended across a street so constructed to break away at its base on minor impact or application of manual pressure at the end most remote from the mounting base. The size of the wooden railing(s) shall be a maximum of five (5) inches by three-quarters inch where attached to the mounting base. The wooden railing(s) shall be of soft wood and mounted on the base by a knife-edge bracket or otherwise scored to create a weak point to break away when pressure is applied.

(2)

Horizontal swinging security gates shall be so constructed, mounted and maintained whereby such gates will open fully when manual pressure is applied by an average size individual to the structural elements of the gate which are the greatest distance from the gate hinges or pivotal element. When so opened, such gates shall remain in the open position.

(3)

Other types of security gates shall be so constructed, mounted and maintained whereby such gates will break away or open fully when manual pressure is applied by an average size individual to the structural part of the gate which is remote from the gate hinges or pivotal element. When so opened, such gates shall remain in the open position.

(c)

Gates other than main gate. It shall be unlawful for gates other than the main gate which do not comply with subsection (b) to be locked with anything other than a light duty metal chain.

(d)

Affirmative defense. It shall be an affirmative defense to prosecution under subsection (b) of this section that the owner had designated and provided a main gate which complies with the requirements of this section.

(e)

Disclaimer of liability. In consideration of the grant by the city of the privilege to certain owners to restrict access to motor vehicles, the city hereby disclaims any and all liability resulting from damages sustained by any person or owner, either directly or indirectly as a result of any emergency function of the city where such damage is occasioned by the noncompliance of any owner with any term of this article.

(Ord. No. 4729, § 1, 7-18-85)