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 residential zone, the fence is identified by prominently placed warning signs, 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:
Section 835 is added to the Civil Code, to read:
(a) Subject to subdivision (b), anend delete
owner of real property may install and operate an
15electrified fence on his or her property
begin delete consistent withend delete
16 all of the following:
17(1) The property is not located in a residential zone.
18(2) The fence meets the
begin delete requirements specified byend delete the International
20Electrotechnical Commission for electric fence energizers in
21“International Standard IEC
begin delete 60335-2-76.”end delete
22(3) The fence is identified by prominently placed warning signs
23that are legible from both sides of the fence. At a minimum,
24 warning signs shall
begin delete beend delete
25 placed at each gate and access point,
26 at intervals along the fence not exceeding
begin delete 10 meters, and
begin delete toend delete
28 any other
29to chemical, radiological, or biological hazards.
14 5(b)end delete
6 An owner of real property shall not install and operate an
begin delete electricend delete fence where a local ordinance prohibits
8that installation and operation. If a local ordinance allows the
9installation and operation of an
begin delete electricend delete fence,
10the installation and operation of the fence shall meet the
11requirements of that ordinance and the requirements of
begin delete paragraphs
12(1) to (3), inclusive, of subdivision (a).end delete
As used in this chapter, “electrified fence” means
16any fence and appurtenant devices, including, but not limited to,
17fences and devices used in animal control, and including, but not
18limited to, a fence consisting of a single strand of wire supported
19by posts or other fixtures, which has an electrical charge or is
20connected to a source of electrical current and which is so designed
21or placed that a person or animal coming into contact with the
22conductive element of the fence receives an electrical shock.
No electrified fences shall be offered for sale, sold,
29installed, or used in this state, or otherwise connected to a source
30of electrical current, unless the electrical current is limited and
31regulated by an electrical controller which meets or exceeds the
32standards or specifications of the National Electrical Code of the
33National Fire Protection Association,
begin delete the New Zealand Standards or
34Institute, the Standards Association of Australia,end delete
36the Underwriters Laboratories for intermittent type electric fence
37or electrified fence controllers.