Bill Text: CA SB582 | 2015-2016 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Electrified fences.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-09-04 - Chaptered by Secretary of State. Chapter 273, Statutes of 2015. [SB582 Detail]

Download: California-2015-SB582-Enrolled.html

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BILL NUMBER: SB 582	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2015
	PASSED THE ASSEMBLY  AUGUST 20, 2015
	AMENDED IN ASSEMBLY  AUGUST 17, 2015
	AMENDED IN SENATE  MAY 19, 2015
	AMENDED IN SENATE  APRIL 7, 2015

INTRODUCED BY   Senator Hall

                        FEBRUARY 26, 2015

   An act to add Section 835 to the Civil Code, and to amend Sections
17151 and 17152 of the Food and Agricultural Code, relating to
electrified fences.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 582, 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 amend 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 authorize an owner of real property
to install and operate an electrified security fence on his or her
property if the property is not in a residential zone, the fence is
identified by prominently placed warning signs, 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, and the fence
meets specified electrotechnical and local requirements.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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 described 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
10/10000 of a second.
   (2) The fence is used to protect and secure commercial or
industrial property.
   (b) An owner of real property may install and operate an
electrified security fence on his or her 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 and is located
behind a perimeter fence that is not less than 6 feet in height.
   (c) An owner of real property shall not install and operate an
electrified security fence where a local ordinance prohibits that
installation and operation. 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).
  SEC. 2.  Section 17151 of the Food and Agricultural Code is amended
to read:
   17151.  (a) As used in this chapter, "electrified fence" means any
fence and 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.
   (b) For purposes of this chapter, "electrified fence" does not
include an electrified security fence as described in Section 835 of
the Civil Code.
  SEC. 3.  Section 17152 of the Food and Agricultural Code is amended
to read:
   17152.  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, international standards of the
International Electrotechnical Commission, or the Underwriters
Laboratories for intermittent type electric fence or electrified
fence controllers.