Bill Text: CA AB1531 | 2023-2024 | Regular Session | Introduced
Bill Title: Electrified security fences: local ordinances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1531 Detail]
Download: California-2023-AB1531-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1531
| Introduced by Assembly Member Flora |
February 17, 2023 |
An act to amend Section 835 of the Civil Code, relating to electrified security fences.
LEGISLATIVE COUNSEL'S DIGEST
AB 1531, as introduced, Flora.
Electrified security fences: local ordinances.
Existing law authorizes an owner of real property to install and operate on their property an electrified security fence that meets specified requirements, including that the fence is used to protect and secure commercial, manufacturing, or industrial property, or property zoned under another designation, but legally authorized to be used for a commercial, manufacturing, or industrial purpose. Existing law prohibits an owner of real property from installing and operating an electrified security fence if a local ordinance prohibits that installation and operation.
This bill would instead prohibit an owner of real property that is not commercial, manufacturing, or industrial property, or property zoned under another designation, but legally authorized to be used for those purposes, from installing and operating an electrified security fence if a
local ordinance prohibits that installation and operation. The bill would authorize a local ordinance to prohibit the installation of an electrified security fence only if that fence fails to meet specified requirements.
Existing law requires, if a local ordinance allows the installation and operation of an electrified security fence, that the installation and operation of the fence meets both the requirements of that ordinance and other specified requirements.
This bill would remove that requirement. The bill, instead, would, for commercial, manufacturing, or industrial property, or property zoned under another designation, but legally authorized to be used for those purposes, that meets specified requirements, prohibit a city, county, or city and county from prohibiting the installation and operation of an electrified security fence or requiring a permit or approval that is in addition to an alarm system permit issued by
the city, county, or city and county.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 835 of the Civil Code is amended to read:835.
(a) As used in this chapter, “electrified security fence” means any fence, other than an electrified fence as defined in Section 17151 of the Food and Agricultural Code, that meets the following requirements:(1) The fence is powered by an electrical energizer with both of the following output characteristics:
(A) The impulse repetition rate does not exceed 1 hertz (hz).
(B) The impulse duration does not exceed 10 milliseconds, or 10/10000 of a second.
(2) The fence is used to
protect and secure commercial, manufacturing, or industrial property, or property zoned under another designation, but legally authorized to be used for a commercial, manufacturing, or industrial purpose.
(b) An owner of real property may install and operate an electrified security fence on their property, subject to all of the following:
(1) The property is not located in a residential zone.
(2) The fence meets the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in “International Standard IEC 60335, Part 2-76.”
(3) The fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the
following criteria:
(A) The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding 30 feet.
(B) The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.
(C) The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.
(4) The height of the fence does not exceed 10 feet or 2 feet higher than an existing perimeter fence, whichever is greater. The electrified security fence shall be located behind a perimeter fence that is not less than
5 feet in height.
(c) The electrified security fence may interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary.
(d) (1) An owner of real property
not specified in paragraph (2) of subdivision (a) shall not install or operate an electrified security fence where a local ordinance prohibits the installation or operation of an electrified security fence. A local ordinance may prohibit the installation and operation of an electrified security fence that does not comply with subdivisions (a) to (c), inclusive. A local ordinance that prohibits or regulates only the installation or operation of an electrified fence as defined in Section 17151 of the Food and Agricultural Code does not apply to an electrified security fence.
(2)If a local ordinance allows the installation and operation of an electrified security fence, the installation and operation of the fence shall meet the requirements of that ordinance and the requirements of subdivision (b).
(2) For property specified under paragraph (2) of subdivision (a) and in compliance with subdivisions (a) to (c), inclusive, a city, county, or city and county ordinance, regulation, or code may not prohibit the installation and operation of an electrified security fence, nor require a permit or approval that is in addition to an alarm system permit issued by the city, county, or city and county.
