§ 40-14. Requests to control vehicular access on public residential streets.

(a)

Any person, organized homeowners' association (HOA), or residential developer desiring to construct any access gate or other improvement whatsoever designed and intended to restrict and/or regulate vehicular access upon or across any public residential street shall first file a request with the department of public works to construct and maintain such improvement. Action on the request shall not be taken until the requesting party, or a duly authorized representative thereof, certifies that they have satisfied all requirements of this section.

(b)

The request shall be accompanied by a petition signed by 100 percent of the property owners of the area to be affected by the request indicating their desire that the request be approved. The request shall also be accompanied by three copies of a scaled plat or sketch showing the space or other public property or street intended to be used for the encroachment, the proposed design of the improvement, and a detailed description of the type of material to be used in the construction of the improvement. If the request is approved, failure to so construct or install the improvements in the manner specified in the plat or sketch shall be grounds for the revocation of the permit and demolition or removal of the structure at the expense of the requesting party.

(1)

The electronic limited access gate must have a receiver installed which makes the gate capable of being operated with an electronic tag reader which is compatible with the electronic tag transponder used by City of Shreveport and parish law enforcement and emergency vehicles.

(2)

The receiver shall be installed on the column or post near the electrical control box. The receiver shall be installed on the right-hand side whenever possible.

(3)

A battery backup and manual override shall be provided to be used in case of power outage.

(c)

An application fee, payable to the parish, shall be required for each request submitted. The amount of the application fee shall be as established by the parish commission, from time to time.

(d)

Any additions or withdrawals of signatures to the petition shall be in writing and filed with the department of public works within 15 days of the receipt of the petition and other documentation required by this section. The director of public works or his designee shall make a notation next to any name on the petition which has been withdrawn.

(e)

Upon receipt of all documentation required by this section, the director of public works or his designee shall forward copies of the documents to and request comments and recommendations from the parish sheriff, the metropolitan planning commission, the relevant fire district, public utility companies and any other parish department that may be affected by the approval of this request.

(f)

Before the parish commission can approve any request for an encroachment, an ordinance shall be introduced, giving the name of the street or other public property intended to be burdened with the encroachment. The request for the encroachment, petition, comments and recommendations, and all other documents required by subsection (b) of this section, shall be attached to the ordinance for consideration by the parish commission. The parish commission shall not adopt said ordinance unless all such items have been attached.

(g)

If the request is approved by the parish commission, the requesting party shall execute an indemnity and hold harmless agreement in favor of the parish and/or the parish commission, relieving the parish and/or the parish commission from liability for all injury or damage occasioned to any person or property as a result of the approval and maintenance of the encroachment.

(h)

The requesting party shall also maintain:

(1)

Commercial general liability insurance in an amount of not less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate;

(2)

Business automobile insurance covering owned, hired and nonowned vehicles in an amount of not less than $1,000,000.00; and

(3)

Employer's liability and worker's compensation insurance in an amount of not less than $1,000,000.00 written by a solvent insurance company or companies authorized to do business in this state, having at least a B+5 Best rating, naming the parish as an additional named insured, fully protecting both the requesting party and the parish and/or the parish commission from all claims, suits, judgments, causes of action, and any other matter arising out of the approval or existence of the encroachment. The requesting party shall provide the parish with the certificate of insurance evidencing the coverage required herein prior to the construction of the encroachment and shall furnish annually thereafter, no later than January 2 of each year, for so long as the encroachment remains, a certificate of insurance evidencing the maintenance of the coverage required herein. The certificates of insurance shall contain a provision whereby the insurance company is obligated to give the parish no less than 30 days' notice of the cancellation or alteration of the policy. A certificate of the foregoing shall be delivered to the director of public works or his designee prior to the construction of the encroachment and annually thereafter.

(i)

No building permit shall be issued to the requesting party for the construction of the encroachment until such time as the requirements of subsections (b), (g) and (h) of this section are met. Moreover, the parish commission reserves the right to revoke any approval granted hereunder and to remove such encroachment if the requirements of subsection (h) of this section are not met annually. If the approval is revoked due to noncompliance with subsection (h) of this section, the requesting party shall have no recourse against the parish and/or the parish commission for the removal of the encroachment.

(j)

The HOA, residential developer and/or property owners shall be financially responsible for the construction, maintenance and operation of any encroachment, the access gate and gate structures.

(k)

The parish commission may condition the approval of the encroachment upon other terms and conditions as it deems appropriate. The ordinance granting the encroachment shall also require the party granted the encroachment to provide access to parish personnel, parish sheriff's personnel, and representatives of public utilities and public franchisees in the performance of their duties. Further, any approval granted which would allow limited vehicular access on any public residential street shall also provide that access to the street shall not be restricted by the requesting party or any other person or party acting on their behalf between the hours of 7:00 a.m. and 9:00 p.m., seven days per week.

(l)

Time for compliance; responsibility for compliance.

(1)

All new gated communities having electronic limited access gates for ingress and egress shall comply with this section prior to occupancy or before the gate is placed into operation. The person or entity responsible for compliance with this section shall be the person or entity responsible for maintenance of the gated access.

(2)

All existing gated communities having electronic limited access gates for ingress and egress shall have 180 days from the effective date of the ordinance from which this section is derived to comply with this section on all electronic limited access gates. The person or entity responsible for compliance with this section shall be the person or entity responsible for the maintenance of the gated access.

(m)

Penalties. Whoever shall be found guilty of violating any provision of this section shall, upon conviction, be punished pursuant to section 1-8. Application of the penal provision of section 1-8 shall not prevent the enforced removal of prohibited conditions, either under the adopted fire prevention code or under other applicable provisions of state or local law.

(Code 1985, § 19-14; Ord. No. 3846, 12-16-2000; Ord. No. 4770, 6-5-2008)