§ 2-28-2. Emergency access through automatic security gates; remote control access system.

(1)

The County Administrator shall cause the director of the public safety department (or the successor to such position, however designated) to publish, and to maintain as needed on a continual basis, standards for the operation of all automatic security gates and emergency access through them throughout the county, except those that serve only one single-family residence. Said standards shall, at a minimum, provide for emergency access by the fire districts, law enforcement agencies, and other emergency response agencies operating in Manatee County, which shall include without implied limitation the Manatee County emergency medical services (EMS) in the discharge of its regular duties and any agency or county department in responding to a disaster or providing emergency disaster services.

(2)

All entities within Manatee County that operate and maintain automatic security gates, except to a single-family residence, shall install a remote control access system which meets minimum standards as published and maintained by the Manatee County Department of Public Safety.

(3)

The developer of any new community shall install a remote control access system which meets the standards set by the director of the Manatee County Public Safety Department, and will comply with the standards as part of its development plans.

(4)

The director of the Manatee County Public Safety Department (or designee) shall coordinate the standards with the fire districts, law enforcement agencies, and other emergency response agencies operating in Manatee County to ensure an efficient emergency access system is used throughout the county.

(5)

(a)

Variations of this section adopted by municipalities in Manatee County may be processed under the procedures set forth in Section 162.21, Florida Statutes, except that, due to the inherent danger to the public, a code enforcement officer shall issue a citation immediately for each violation without a waiting period.

(b)

The civil fine for each violation of this section shall be five hundred dollars ($500.00); provided, however, that if a violator does not contest a citation, the civil penalty for failure to have an emergency access remote control system that meets the standards set by the director of the Manatee County Public Safety Department, will be two hundred fifty dollars ($250.00).

(c)

Pursuant to Section 162.30, Florida Statutes, and as an alternative to a code enforcement action, violators of this section shall be subject to a civil action wherein all manner of civil relief, including injunctive relief, may be sought.

(d)

Notwithstanding any of the foregoing, as an alternative to civil enforcement, and pursuant to Sections 162.21(8) and 162.22, Florida Statutes, violators of this section shall be subject to the issuance of a summons and notice to appear and/or arrest, as provided in Chapter 901, Florida Statutes, and upon conviction may be sentenced to pay a fine not to exceed five hundred dollars ($500.00), a definite term of imprisonment not to exceed sixty (60) days in the county jail, and the restitution of applicable costs and defender fees as authorized by Section 162.30, Florida Statutes.

(6)

This section may be enforced, and citations issued, by any code enforcement officer with jurisdiction over the gated access community in question.

(7)

This section shall be effective throughout Manatee County, including all municipalities. If a provision of this section is inconsistent with a municipal ordinance, that provision of this section shall not be effective within that municipality.

(Ord. No. 04-30, §§ 1—5, 7, 5-18-04; Ord. No. 09-22, § 2, 4-21-09)