BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2015-2016 Regular Session
SB 582 (Hall)
Version: April 7, 2015
Hearing Date: May 12, 2015
Fiscal: No
Urgency: No
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SUBJECT
Electrified Fences
DESCRIPTION
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 meets specified
requirements, and a local ordinance does not prohibit its
installation and operation.
BACKGROUND
Generally speaking, an electric fence is a fence that has an
electrical charge that is designed or placed so that a person or
animal coming into contact with the fence receives an electric
shock. It operates by sending a high voltage pulse of
electricity at regular intervals through conductive materials in
the fence. Unlike other physical boundaries like barbed wire or
razor wire, commercial electric fences do not physically harm
things that come into contact with them. Electric fences do not
cause physical harm to animals or people because the length of
electric shock delivered by the fence is very brief. According
to one scholar:
"[e]ven when the voltage is high, when the current flows for
only a very short duration we cannot be electrocuted. . . . A
large enough current can cause ventricular fibrillation,"
during which "the pumping action of the heart ceases and death
occurs within minutes unless treated. In the United States,
approximately 1000 deaths per year occur in accidents that
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involve cord-connected appliances in kitchens, bathrooms, and
other wet locations . . . shock durations longer than 1 second
are the most dangerous . . . [e]lectric security fences have
taken advantage of this fact by shortening their shock
duration to an even shorter duration of about 0.0003 seconds .
. . electric fences are safe and do not lead to ventricular
fibrillation due to the short 0.0003 second shock duration.
(John Webster, Safety of Electric Security Fences, University
of Wisconsin - Madison, [as of May 8, 2015].)
The sale of electric fences is currently prohibited in
California unless the electrical current is limited and
regulated by an electrical controller that meets or exceed
specified standards. (Food & Agr. Code Sec. 17152.)
This bill would further codify that a property owner may install
and operate an electrified fence if: (1) the property is not in
a residential zone; and (2) the fence meets requirements
specified by the International Electrotechnical Commission for
electric fence energizers. This bill would specify that an
owner would not be allowed to install and operate a fence where
a local ordinance prohibits that installation and operation.
CHANGES TO EXISTING LAW
Existing law provides that no electrified fences shall be
offered for sale, sold, installed, or used in this state, or
otherwise connected to a source of electrical current, unless
the electrical current is limited and regulated by an electrical
controller which meets or exceeds the standards or
specifications of the National Electrical Code of the National
Fire Protection Association, the New Zealand Standards
Institute, the Standards Association of Australia, or the
Underwriters Laboratories for intermittent type electric fence
or electrified fence controllers. (Food & Agr. Code Sec.
17152.)
Existing law provides that existing provisions of the Food and
Agricultural Code pertaining to electric fences shall not be
construed to preclude regulation of electrified fences by cities
and counties, including, but not limited to, requiring the
installation or use of electrified fences under permit, except
that such regulation shall not permit the installation or use of
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electrified fences which do not conform to the requirements of
this chapter. (Food & Agr. Code Sec. 17153.)
This bill would provide that an owner of real property may
install and operate an electrified fence on his or her property
consistent with all of the following: (1) the property is not
located in a residential zone; and (2) the fence meets the
requirements specified by the International Electrotechnical
Commission for electric fence energizers in "International
Standard 60335-2-76."
This bill would further provide that an owner of real property
shall not install and operate an electric fence where a local
ordinance prohibits that installation and operation. If a local
ordinance allows the installation and operation of an electric
fence, the installation and operation of the electric fence
shall meet the requirements of the ordinance, as well as the
requirements listed above.
COMMENT
1.Stated need for the bill
According to the author:
Many California-based companies that are in the cargo
transportation, inventory storage and containment shipping
business have, at any given time, millions of dollars worth of
products and service-related equipment on their premises.
Storage is often held overnight for several days or weeks
awaiting transport. The primary protection of valuable goods
and equipment is a security fence, designed to prevent
criminal trespass and theft. The installation of an electric
security fence in a jurisdiction is subject to permitting and
approval. Current state law on the use and installation of an
electric security fence in non-agricultural zones is vague.
There is no consensus among local jurisdictions whether or not
they can allow the installation of electric security fences.
SB 582 provides clear guidelines for the installation of
electric security fences, based on international standards
[e]nsuring [their] safe and reliable installation in
non-residential zones. Existing international standards
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require the installation of a perimeter fence at least six
feet tall separating the public from the electrified fence.
Additionally, to [e]nsure the safety of the public, warning
signs must be visibly posted in at least two languages
(English and Spanish) and access for emergency responders must
be available. This bill helps the permitting process in local
ordinances by clarifying state law, and regulating the use and
installation of an electric security fence in non-residential
zones.
2.Ensuring Safety and Local Control
Existing law imposes certain safety standards for the
installation and use of electric fences by prohibiting their
sale or installation unless the fence's electrical current is
limited and regulated by an electrical controller which meets or
exceeds the standards or specifications of the National
Electrical Code of the National Fire Protection Association, the
New Zealand Standards Institute, the Standards Association of
Australia, or the Underwriters Laboratories for intermittent
type electric fence or electrified fence controllers. (Food &
Agr. Code Sec. 17152.) This bill would clarify that electric
fences may be installed and used in non-agricultural settings
provided they also conform to the requirements specified by the
International Electrotechnical Commission for electric fence
energizers in "International Standard 60335-2-76."
As in existing law, this bill preserves the authority of local
agencies to regulate the installation or use of electric fences
within their jurisdictions, provided such regulations meet the
safety requirements established in state law. This bill would
specify that local agencies may regulate or prohibit by
ordinance the installation and operation of electric fences
within their jurisdictions. However, this bill would prohibit
outright the use or operation of electric fences in residential
zones. Allowing local agencies to maintain control over the
installation and use of electric fences empowers those
jurisdictions to weigh such issues as whether or not electric
fence use should be permitted in mixed use zones adjacent to
residential areas, or whether they should be permitted in areas
near to where children play or other areas with high pedestrian
traffic.
Despite their non-lethality, coming into contact with an
electric fence is unpleasant. In order to protect individuals
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from unintentionally coming into contact with an electric fence,
International Standard IEC 60335-2-76 contains provisions
specifying the size and placement of warning signs. To ensure
that warning signs are appropriately placed on electric fence
installations governed by this bill, the author offers the
following amendment that would codify part of the IEC's warning
sign standard:
Author's Amendment :
On page 2, between lines 7 and 8, insert: "(3) The fence is
identified by prominently placed warning signs that are
legible from both sides of the fence. At a minimum, warning
signs shall be placed at each gate and access point, at
intervals along the fence not exceeding 10 meters, and
adjacent to any other signs relating to chemical,
radiological, or biological hazards."
Support : ABF Freight System, Inc.; Copart, Inc.; Old Dominion
Freight Line, Inc.; SA Recycling LLC; SAIA LTL Freight; YRC
Worldwide, Inc.
Opposition : None Known
HISTORY
Source : Electric Guard Dog, Inc.
Related Pending Legislation : None Known
Prior Legislation : None Known
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