Section 67.301

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 67

Effective - 28 Aug 2021   

  67.301.  Battery-charged fence — no permit required in addition to alarm system permit — limitation on installation or operational requirements — definitions — notice of installation to political subdivision. — 1.  Notwithstanding any provision to the contrary, no city, county, town, village, or political subdivision shall adopt or enforce any ordinance, order, or regulation that:

  (1)  Requires a permit for the installation or use of a battery-charged fence in addition to an alarm system permit issued by such city, county, town, village, or political subdivision;

  (2)  Imposes installation or operational requirements for the battery-charged fence that do not comply with either:

  (a)  The standards set by the International Electrotechnical Commission, as published June 29, 2018; or

  (b)  The requirements of the definition of a "battery-charged fence" under subsection 2 of this section; or

  (3)  Prohibits the installation or use of a battery-charged fence.

  2.  As used in this section, the following terms mean:

  (1)  "Alarm system", an alarm system for which a permit may be issued by a political subdivision;

  (2)  "Battery-charged fence", a fence that:

  (a)  Interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to a burglary;

  (b)  Is located on property that is not designated by a city, county, town, village, or political subdivision for residential use;

  (c)  Has an energizer that is powered by a commercial storage battery that is no more than twelve volts of direct current and that periodically delivers voltage impulses to the fence;

  (d)  Produces an electric charge that does not exceed energizer characteristics set for electric fence energizers by the International Electrotechnical Commission, as published in the Commission's standard on June 29, 2018;

  (e)  Is completely surrounded by a nonelectric perimeter fence or wall that is no less than five feet in height;

  (f)  Is no more than ten feet in height or, if part of a nonelectric fence or wall, no more than two feet higher than the nonelectric fence or wall, whichever is higher; and

  (g)  Is marked with conspicuous warning signs that are located on the battery-charged fence at intervals no more than sixty feet apart and that read "WARNING: ELECTRIC FENCE".

  3.  Upon installation of a battery-charged fence, an installer shall deliver written notice to the chief administrator of the city, county, town, village, or political subdivision that:

  (1)  States that the battery-charged fence was installed;

  (2)  States the street address of the battery-charged fence; and

  (3)  Includes a certification that the battery-charged fence satisfies the definition of a battery-charged fence under subsection 2 of this section and the standards for electric fence energizers set by the International Electrotechnical Commission, as published in the Commission's standard on June 29, 2018.

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(L. 2021 S.B. 26)