Amended in Senate May 19, 2015

Amended in Senate April 7, 2015

Senate BillNo. 582


Introduced by Senator Hall

February 26, 2015


An act to add Section 835 to the Civil Code, relating to electrified fences.

LEGISLATIVE COUNSEL’S DIGEST

SB 582, as amended, Hall. Electrified fences.

Existing law prohibits an electrified fence to be offered for sale, sold, installed, or used in the state, or otherwise connected to a source of electrical current, unless the electrical current is limited and regulated by an electrical controller that meets or exceeds specified standards or specifications. Existing law also provides that the owner of land in fee has the right to the surface and to everything permanently situated beneath or above it.

This bill would authorize an owner of real property to install and operate an electrified fence on his or her property if the property is not in a residentialbegin delete zoneend deletebegin insert zone, the fence is identified by prominently placed warning signs,end insert and the fence meets specified electrotechnical and local requirements.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 835 is added to the Civil Code, to read:

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835.  

(a) Subject to subdivision (b), an owner of real property
2may install and operate an electrified fence on his or her property
3consistent with all of the following:

4(1) The property is not located in a residential zone.

5(2) The fence meets the requirements specified by the
6International Electrotechnical Commission for electric fence
7energizers in “International Standardbegin insert IECend insert 60335-2-76.”

begin insert

8(3) The fence is identified by prominently placed warning signs
9that are legible from both sides of the fence. At a minimum,
10warning signs shall be placed at each gate and access point, at
11intervals along the fence not exceeding 10 meters, and adjacent
12to any other signs relating to chemical, radiological, or biological
13hazards.

end insert

14(b) An owner of real property shall not install and operate an
15electric fence where a local ordinance prohibits that installation
16and operation. If a local ordinance allows the installation and
17operation of an electric fence, the installation and operation of the
18fence shall meet the requirements of that ordinance and the
19requirements of paragraphs (1)begin delete and (2)end deletebegin insert to (3), inclusive,end insert of
20subdivision (a).



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