Amended in Assembly August 17, 2015

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,begin insert and to amend Sections 17151 and 17152 of the Food and Agricultural Code,end insert 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 begin insertamend the list of institutes and associations that may set the standards according to which the lawfulness of an electrified fence is measured and exclude from the definition of electrified fence used in that provision an electrified security fence, as defined. The bill would end insertauthorize an owner of real property to install and operate an electrifiedbegin insert securityend insert fence on his or her property if the property is not in a residential zone, the fence is identified by prominently placed warning signs,begin insert the height of the fence does not exceed 10 feet, the fence is located behind a perimeter fence that is not less than 6 feet in height,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:

P2    1

SECTION 1.  

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

2

835.  

begin delete

(a) Subject to subdivision (b), an

end delete
begin insert

3(a) As used in this chapter, “electrified security fence” means
4any fence, other than an electrified fence described in Section
517151 of the Food and Agricultural Code, that meets the following
6requirements:

end insert
begin insert

7(1) The fence is powered by an electrical energizer with both
8of the following output characteristics:

end insert
begin insert

9(A) The impulse repetition rate does not exceed 1 hertz (hz).

end insert
begin insert

10(B) The impulse duration does not exceed 10 milliseconds, or
111010000 of a second.

end insert
begin insert

12(2) The fence is used to protect and secure commercial or
13industrial property.

end insert

14begin insert(b)end insertbegin insertend insertbegin insertAnend insert owner of real property may install and operate an
15electrifiedbegin insert securityend insert fence on his or her propertybegin delete consistent withend delete
16begin insert subject toend insert all of the following:

17(1) The property is not located in a residential zone.

18(2) The fence meets thebegin delete requirements specified byend deletebegin insert 2006
19international standards and specifications ofend insert
the International
20Electrotechnical Commission for electric fence energizers in
21“International Standard IECbegin delete 60335-2-76.”end deletebegin insert 60335, Part 2-76.end insertbegin insertend insert

22(3) The fence is identified by prominently placed warning signs
23that are legible from both sides of the fence. At a minimum,begin insert theend insert
24 warning signs shallbegin insert meet all of the following criteria:end insertbegin delete beend delete

25begin insert(A)end insertbegin insertend insertbegin insertThe warning signs areend insert placed at each gate and access point,
26begin insert andend insert at intervals along the fence not exceedingbegin delete 10 meters, and
27adjacentend delete
begin insert 30 feet.end insertbegin delete toend delete

28begin insert(B)end insertbegin insertend insertbegin insertThe warning signs are adjacent toend insert any other signs relating
29to chemical, radiological, or biological hazards.

begin insert

30(C) The warning signs are marked with a written warning or a
31commonly recognized symbol for shock, a written warning or a
32commonly recognized symbol to warn people with pacemakers,
P3    1and a written warning or commonly recognized symbol about the
2danger of touching the fence in wet conditions.

end insert
begin insert

3(4) The height of the fence does not exceed 10 feet and is located
4behind a perimeter fence that is not less than 6 feet in height.

end insert
begin delete

14 5(b)

end delete

6begin insert(c)end insert An owner of real property shall not install and operate an
7begin delete electricend deletebegin insert electrified securityend insert fence where a local ordinance prohibits
8that installation and operation. If a local ordinance allows the
9installation and operation of anbegin delete electricend deletebegin insert electrified securityend insert fence,
10the installation and operation of the fence shall meet the
11requirements of that ordinance and the requirements ofbegin delete paragraphs
12(1) to (3), inclusive, of subdivision (a).end delete
begin insert subdivision (b).end insert

13begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 17151 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
14amended to read:end insert

15

17151.  

begin insert(a)end insertbegin insertend insert 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.

begin insert

23(b) For purposes of this chapter, “electrified fence” does not
24include an electrified security fence as described in Section 835
25of the Civil Code.

end insert
26begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 17152 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
27amended to read:end insert

28

17152.  

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
34Institute, the Standards Association of Australia,end delete
begin insert international
35standards of the International Electrotechnical Commission,end insert
or
36the Underwriters Laboratories for intermittent type electric fence
37or electrified fence controllers.



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