Bill Text: CA AB2273 | 2017-2018 | Regular Session | Amended

California Assembly Bill 2273 (Prior Session Legislation)

Bill Title: Electrified security fences: permitted use.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-04-30 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2273 Detail]

Download: California-2017-AB2273-Amended.html

Amended IN Assembly March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2273

Introduced by Assembly Member Jones-Sawyer

February 13, 2018

An act to amend Section 835 of the Civil Code, relating to electrified security fences.

LEGISLATIVE COUNSEL'S DIGEST

AB 2273, as amended, Jones-Sawyer. Electrified security fences: permitted use.

Existing law authorizes an owner of real property to install and operate an electrified security fence, as defined, that meets specified requirements on his or her property, except where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an electrified security fence, existing law requires the installation and operation of the electrified security fence to meet those specified requirements and the requirements of that ordinance.

This bill would ~~instead~~ include among the specified requirements the requirement that the property owner notify the local fire department of the installation and operation of the fence and the location of the property where the fence is installed. The bill would also make an electrified security fence that meets those specified requirements a permitted use unless installation and operation of an electrified security fence pursuant to those provisions is explicitly prohibited by a local ordinance.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

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 described 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 or industrial property.

(b) An owner of real property may install and operate an electrified security fence on his or her 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 and is located behind a perimeter fence that is not less than 6 feet in height.

(5) The property owner notifies in writing the local fire department of the installation and operation of the electrified security fence and the location of the property where the fence is installed.

(c) An owner of real property shall not install and operate an electrified security fence where a local ordinance prohibits that installation and operation. An electrified security fence that meets the requirements of subdivision (b) shall be a permitted use unless installation and operation of an electrified security fence pursuant to subdivision (b) is explicitly prohibited by a local ordinance.