This authorization shall be granted; provided, that under no circumstances shall free access be prevented to the Puerto Rico Police, Municipal Police, Fire Fighters, or any other emergency services, including public or private ambulance services; and to the employees of public or private corporations, their agents or contractors, that provide water, electric power, telephone, or solid waste collection services within the community subject to access control; nor to any official, employee or person who must visit the community on official business; students, teachers, officials and employees of the Department of Education who render services in the schools.
Provided, That if for lack of an efficient mechanism or person who may facilitate the access to the community during an emergency, and the police were compelled to force, destroy, mutilate or remove the above-mentioned facilities, neither the Commonwealth of Puerto Rico nor the municipalities shall be responsible for the damages they may cause.
The provisions of this section do not apply to the actions of the state in their function of regulating traffic and vehicle and pedestrian access to public and private urbanizations, streets, and residential communities because of safety, health or the general welfare, including, without it being understood as a limitation, the operations of the Puerto Rico Police, or the Puerto Rico National Guard, when these forces are mobilized by pertinent authorities to act in support of the forces of public safety, in operations to fight crime and drug trafficking, or to reestablish public security, specifically providing that the provisions of §§ 64-64h of this title do not apply to operations carried out in public housing projects under the authority conferred by Executive Order 0E-1993-08, promulgated by the Governor of Puerto Rico, or any other executive order duly promulgated by the First Executive under the powers conferred to him/her by the laws and the Constitution of the Commonwealth of Puerto Rico.
The provisions of §§ 64-64h of title shall not apply to investigating agents of the Puerto Rico Police; provided, that they show their identification card to the security guard on duty at the access control gate, nor to any other official Puerto Rico, Federal, or Municipal government motor vehicle, or any other motor vehicle responding to an emergency. These shall be exempt from the identification process; provided, that the license plate certifies it is an official vehicle. It is the responsibility of these controlled-access communities to take the necessary measures to comply with the provisions of §§ 64-64h of title.
History —May 20, 1987, No. 21, p. 63, § 4, renumbered as § 5 on Aug. 10, 1988, No. 156, p. 669, § 5; Dec. 30, 1998, No. 336, § 1; June 4, 2012, No. 105, § 1.