Chapter 12.40


12.40.010    Purpose of provisions.

12.40.020    Definitions.

12.40.030    Applicability of provisions.

12.40.040    Permit – Required when – Application.

12.40.050    Permit – Issuance conditions.

12.40.060    Liability limitations.

12.40.070    Inspection authority.

12.40.080    Maintenance and repair – Responsibility.

12.40.090    Maintenance and repair – Time limit.

12.40.010 Purpose of provisions.

The city council makes the following findings:

(1) From time to time, the owners of real property served by private streets and driveways desire to erect gates or other barriers restricting vehicular access on such private streets and driveways.

(2) Such gates or barriers can potentially inhibit the delivery of police, fire, medical emergency, and other public services.

(3) Gates or other traffic barriers should be permitted only when adequate provisions are made for access by fire, police, medical emergency and other public services. (Ord. 1585 § 1 (Exh. A), 2007)

12.40.020 Definitions.

Unless otherwise specifically defined, the terms used in this chapter shall have the following meanings:

(1) “City” shall mean the city of Washougal;

(2) “Gate” shall mean a movable barrier designed and constructed to prohibit or limit motor vehicle access from private property to a public street;

(3) “Public works director” shall mean the director of the public works department of the city of Washougal or his authorized designee. (Ord. 1585 § 1 (Exh. A), 2007)

12.40.030 Applicability of provisions.

The provisions of this chapter shall apply to all gates which are designed and constructed on private property and are intended to limit or restrict motor vehicular access to a public street or thoroughfare except the following:

(1) Gates restricting access to private property where there are no residential, commercial or industrial structures or improvements located thereon;

(2) Gates providing access to private property used solely for agricultural or farming purposes;

(3) Gates on private streets or driveways serving only one residential structure;

(4) Gates that are attended by an operator at all times when the gate is in a closed position;

(5) Gates where there is an alternative and unobstructed access satisfactory to the city. (Ord. 1585 § 1 (Exh. A), 2007)

12.40.040 Permit – Required when – Application.

(1) Any person desiring to install a gate shall obtain an application form from the public works department. The application shall contain the following information:

(a) A vicinity and site map of the proposed location for the gate;

(b) A plan view and elevation of the gate installation illustrating gate dimensions and the direction of the swing path for the gate;

(c) A plan view of the gate turnaround;

(d) The location of the access-control panel;

(e) Control system information;

(f) The names and addresses of all property owners affected by the restricted access;

(g) The name, address and phone number of the applicant;

(h) The written consent of all property owners affected by the restricted access. A homeowners association owning and maintaining private roads within a development may consent for its membership. In all other instances, consent must be given individually by each property owner affected by the restricted access;

(i) Such other information as may be required by the public works department.

(2) The application shall be signed and dated by the applicant. (Ord. 1585 § 1 (Exh. A), 2007)

12.40.050 Permit – Issuance conditions.

Upon receipt of a properly completed application for a gate installation conforming to the standards of this chapter together with the application fee, the public works director shall issue a permit authorizing the installation and construction of the gate. (Ord. 1585 § 1 (Exh. A), 2007)

12.40.060 Liability limitations.

The city shall have no liability for any damage to the gate resulting from city vehicles or personnel accessing the property, whether responding to actual or false emergencies. Any damage sustained by city vehicles due to the gate installation shall be the responsibility of the party responsible for maintenance and repair of the gate. (Ord. 1585 § 1 (Exh. A), 2007)

12.40.070 Inspection authority.

The city shall have the right to access the property to inspect the gate on a periodic basis without being liable for trespass. (Ord. 1585 § 1 (Exh. A), 2007)

12.40.080 Maintenance and repair – Responsibility.

Maintenance and repair of the gate and related equipment shall be the responsibility of the applicant. The applicant may, with the consent of the city, assign the obligation for maintenance and repair of the gate and related equipment to another person or entity, including a homeowners association. (Ord. 1585 § 1 (Exh. A), 2007)

12.40.090 Maintenance and repair – Time limit.

Upon notification by the city of any defects in the gate installation, the party responsible for maintenance and repair shall effect necessary repairs within 30 days. Failure to make repairs within the specified period shall constitute a violation of the terms of the gate permit, and in such event the city may require removal of the gate and related equipment. An extension of the time to make necessary repairs may be granted for just cause if requested in writing by the party responsible for maintenance and repair of the gate. (Ord. 1585 § 1 (Exh. A), 2007)