Today's Law As Amended


Bill PDF |Add To My Favorites |Track Bill | print page

AB-2371 Electrified security fences.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 835 of the Civil Code is amended to read:

835.
 (a) As used in this chapter, “electrified security fence” means any fence, other than an electrified fence as defined in Section 17151 of the Food and Agricultural Code, that meets the following requirements:
(1) The electrified security  fence is powered by an electrical energizer  energizer, driven by solar-charged batteries of no more than 12 volts of direct current,  with both of the following output characteristics:
(A) The impulse repetition rate does not exceed 1 hertz (hz).
(B) The impulse duration does not exceed 10 milliseconds, or 10/1000 of a second.
(2) The electrified security  fence is used to protect and secure commercial, manufacturing,  manufacturing  or industrial property, or property zoned under another designation, but legally authorized to be used for a commercial, manufacturing, or industrial purpose. commercial purpose that stores, parks, services, sells, or rents vehicles, vessels, equipment, materials, freight, or utility infrastructure within an outdoor lot or yard, provided that the secured area does not include any existing residential or hospitality uses. 
(b) An owner of real property may install and operate an electrified security fence on their property, subject to all of the following:
(1) The property is not located in a residential zone. zone and falls within the description of property described in paragraph (2) of subdivision (a). 
(2) The electrified security  fence meets the 2006 international  standards and specifications of the International Electrotechnical Commission for electric security  fence energizers in “International Standard IEC 60335, Part 2-76.” 2-76:2018.” 
(3) The electrified security  fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:
(A) The warning signs are placed at each gate and access point, and at intervals along the electrified security  fence not exceeding 30 feet.
(B) The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.
(C) The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the electrified security  fence in wet conditions.
(4) The height of the electrified security  fence does not exceed 10 feet or 2 feet higher than an existing perimeter fence,  nonelectrified perimeter fence or wall,  whichever is greater. The electrified security fence shall be located behind a nonelectrified  perimeter fence or wall  that is not less than 5 five  feet in height.
(5) The electrified security fence includes a device that enables first responders to deactivate the electrified security fence in response to an emergency, if utilized by a city, county, or city and county.
(c) The electrified security fence may interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary.
(d) (1) An owner of real property not specified in paragraph (2) of subdivision (a)  shall not install or operate an electrified security fence where a local ordinance prohibits the installation or operation of an electrified security fence. A local ordinance that  may prohibit the installation and operation of an electrified security fence that does not comply with subdivisions (a) to (c), inclusive. A local ordinance that  prohibits or regulates only the installation or operation of an electrified fence as defined in Section 17151 of the Food and Agricultural Code does not  shall not be construed to  apply to an electrified security fence.
(2) If a local ordinance allows  For property specified under paragraph (2) of subdivision (a) and in compliance with subdivisions (a) to (c), inclusive, a city, county, or city and county ordinance, regulation, or code shall not prohibit  the installation and operation of an electrified security fence, the installation and operation of the fence shall meet  nor require a permit or approval that is in addition to an alarm system permit issued by the city, county, or city and county. A city, county, or city and county may require an administrative permit confirming the fence meets  the requirements of that ordinance and the requirements of subdivision (b).  this section if it is on a property abutting a property in residential use, or within 300 feet of a public park, childcare facility, recreation center, community center, or school facility. 
(e) Nothing in this section shall be construed to alter the authority of a jurisdiction to adopt and enforce an ordinance relating to nonelectrified perimeter fences or walls as legally authorized, if applicable.
(e) (f)  This section shall become operative on January 1, 2028. remain in effect only until January 1, 2028, and as of that date is repealed. 

SEC. 2.

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

835.
 (a) As used in this chapter, “electrified security fence” means any fence, other than an electrified fence as defined in Section 17151 of the Food and Agricultural Code, that meets the following requirements:
(1) The fence is powered by an electrical energizer with both of the following output characteristics:
(A) The impulse repetition rate does not exceed 1 hertz (hz).
(B) The impulse duration does not exceed 10 milliseconds, or 10/1000 of a second.
(2) The fence is used to protect and secure commercial, manufacturing, or industrial property, or property zoned under another designation, but legally authorized to be used for a commercial, manufacturing, or industrial purpose.
(b) An owner of real property may install and operate an electrified security fence on their property, subject to all of the following:
(1) The property is not located in a residential zone.
(2) The fence meets the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in “International Standard IEC 60335, Part 2-76.”
(3) The fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:
(A) The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding 30 feet.
(B) The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.
(C) The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.
(4) The height of the fence does not exceed 10 feet or 2 feet higher than an existing perimeter fence, whichever is greater. The electrified security fence shall be located behind a perimeter fence that is not less than 5 feet in height.
(c) The electrified security fence may interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary.
(d) (1) An owner of real property shall not install or operate an electrified security fence where a local ordinance prohibits the installation or operation of an electrified security fence. A local ordinance that prohibits or regulates only the installation or operation of an electrified fence as defined in Section 17151 of the Food and Agricultural Code does not apply to an electrified security fence.
(2) If a local ordinance allows the installation and operation of an electrified security fence, the installation and operation of the fence shall meet the requirements of that ordinance and the requirements of subdivision (b).
(e) This section shall become operative on January 1, 2028.
SEC. 3.
 The Legislature finds and declares that the protection of life and property is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 835 of the Civil Code applies to all cities, including charter cities.
SEC. 4.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To protect and secure businesses, employees, and other stakeholders from escalating incidences of trespass that have led to theft of valuable assets and risks to employee safety, it is necessary that this act take effect immediately.