BILL ANALYSIS Ó
SB 582
Page 1
SENATE THIRD READING
SB
582 (Hall)
As Amended August 17, 2015
Majority vote
SENATE VOTE: 38-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Judiciary |10-0 |Mark Stone, Weber, | |
| | |Wagner, Alejo, Chau, | |
| | |Chiu, Gallagher, | |
| | |Cristina Garcia, | |
| | |Maienschein, Thurmond | |
| | | | |
| | | | |
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SUMMARY: Allows a property owner to install an electrified
security fence on his or her real property that is located in a
non-residential zone as long as the fence meets certain
specified requirements. Specifically, this bill:
1)Defines an electrified security fence as any fence, other than
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an electrified fence described in the Food and Agricultural
Code Section 17151, that is used to protect and secure
commercial property, and is powered by an electrical energizer
with the following output characteristics: a) the impulse
repetition rate shall not exceed 1 hertz; and b) the impulse
duration shall not exceed 10 milliseconds, or
10/10000/seconds.
2)Requires an electrified security fence to be identified by
prominently displayed warning signs that are legible from both
sides of the fence and, at a minimum, placed at each gate and
access point, at intervals along the fence not exceeding 30
feet, and adjacent to any other signs on the fence relating to
chemical, radiological, or biological hazards.
3)Requires, in the event that a local ordinance allows the
installation and operation of an electrified security fence,
an owner of real property with an electrified security fence
to comply with the installation and operation requirements of
that local ordinance, as well as the requirements set forth
above.
EXISTING LAW:
1)States that the Legislature finds and declares that improperly
designed and installed electrified fences have caused injuries
and in some instances have resulted in the deaths of persons,
particularly children, coming into contact with the conductive
elements thereof and that in order to prevent further such
accidents, it is the intent of the Legislature to provide for
the study and development and enforcement of safety standards
for electrified fences.
2)Provides that "electrified fence" means any fence and
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appurtenant devices, including, but not limited to, fences and
devices used in animal control, and including, but not limited
to, a fence consisting of a single strand of wire supported by
posts or other fixtures, which has an electrical charge or is
connected to a source of electrical current and which is so
designed or placed that a person or animal coming into contact
with the conductive element of the fence receives an
electrical shock.
3)Prohibits the sale or installation of electrified fences in
California, unless the electric current is limited and
regulated by an electrical controller that meets or exceed 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.
4)Provides that cities and counties may regulate the
installation and use of electrified fences, as long as local
ordinances are consistent with state law.
5)Provides that local jurisdictions have the authority to make
and enforce ordinances that protect the public health, safety,
morals, and general welfare within its boundaries.
FISCAL EFFECT: None
COMMENTS: Electrified security fences are designed to protect
commercial and industrial property. These fences are generally
constructed of metal with attached wires that run along the
width of the fence, carrying pulses of electric current to deter
potential trespassers. Most electrified security fences are
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rigged with an alarm system to signal the property owner or the
security company when the fence is touched. These fences are
designed to provide a physical and psychological deterrent to
potential intruders.
Existing law prohibits the sale or installation of electrified
fences in California, unless the electrical current is limited
and regulated by an electrical controller that meets or exceed
the standards or specifications for intermittent type electric
fence or electrified fence controllers of the National
Electrical Code of the National Fire Protection Association, the
New Zealand Standards Institute, the Standards Association of
Australia, or Underwriters Laboratories. Existing law regarding
electrified fences is in the Food and Agricultural Code and was
clearly written to address electrified fences that are designed
to contain livestock, which use a much higher voltage than what
is allowed for and used by electrified security fences.
Furthermore, the Food and Agricultural Code provisions, last
amended in 1979, are so outdated that two of the four standards
in the relevant code section are no longer in effect, and the
remaining standards are inapplicable to electrified security
fences.
Some municipalities have their own zoning and permitting
ordinances that specifically allow electrified security fences,
despite the fact that such ordinances may conflict with the
provisions of the Food and Agricultural Code, but many others do
not. As a result, municipalities across the state are unsure
what state laws, if any, apply to electrified security fences.
This bill establishes standards for the installation and
operation of electrified security fences, which outline the
zoning, voltage, signage warnings, physical barrier clearance,
and access requirements that are appropriate for electrified
security fences. This bill does not impede local jurisdictions'
authority to allow, prohibit or restrict the installation and
operation of electrified security fences within their
boundaries. However, this bill does require that if a local
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ordinance allows the installation and operation of an
electrified security fence, the installation and operation must
meet the ordinance requirements, as well as the requirements
contained in this bill. Also, if a jurisdiction does not have
an ordinance in place to prohibit or limit the installation and
operation of an electrified security fence, this bill would
allow for the installation and operation of such a fence.
Analysis Prepared by:
Alison Merrilees / JUD. / (916) 319-2334 FN:
0001289