Public Act 103-0796

HB2154 Enrolled LRB103 25136 AWJ 51475 b

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Counties Code is amended by adding Section

5-12022 as follows:

(55 ILCS 5/5-12022 new)

Sec. 5-12022. Battery-charged fences.

(a) As used in this Section, "battery-charged fence" means

a fence energized by a battery that is not more than 12 volts

of direct current that interfaces with an alarm system in a

manner that enables the fence to cause the connected alarm

system to transmit a signal intended to notify law enforcement

of a potential intrusion.

(b) Notwithstanding any other law, a county may not

require a permit or other approval for the installation,

maintenance, placement, replacement, or servicing of a

battery-charged fence if (i) the battery-charged fence is

located on nonresidential property completely surrounded by a

nonelectric perimeter fence or wall that is not less than 5

feet in height and does not exceed 10 feet in height or 2 feet

higher than the nonelectric perimeter fence or wall, whichever

is higher, and (ii) any electrical charge produced on contact

does not exceed energizer characteristics set for electric

fences by the International Electrotechnical Commission.

(c) Any battery-charged fence installed under this Section

must have conspicuous signs located on the fence placed not

less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".

(d) A home rule county may not regulate battery-charged

fencing in a manner inconsistent with this Section. This

Section is a limitation under subsection (i) of Section 6 of

Article VII of the Illinois Constitution on the concurrent

exercise by home rule units of powers and functions exercised

by the State.

Section 10. The Township Code is amended by adding Section

110-80 as follows:

(60 ILCS 1/110-80 new)

Sec. 110-80. Battery-charged fences.

(a) As used in this Section, "battery-charged fence" means

a fence energized by a battery that is not more than 12 volts

of direct current that interfaces with an alarm system in a

manner that enables the fence to cause the connected alarm

system to transmit a signal intended to notify law enforcement

of a potential intrusion.

(b) Notwithstanding any other law, a township may not

require a permit or other approval for the installation,

maintenance, placement, replacement, or servicing of a

battery-charged fence if (i) the battery-charged fence is

located on nonresidential property completely surrounded by a

nonelectric perimeter fence or wall that is not less than 5

feet in height and does not exceed 10 feet in height or 2 feet

higher than the nonelectric perimeter fence or wall, whichever

is higher, and (ii) any electrical charge produced on contact

does not exceed energizer characteristics set for electric

fences by the International Electrotechnical Commission.

(c) Any battery-charged fence installed under this Section

must have conspicuous signs located on the fence placed not

less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".

Section 15. The Illinois Municipal Code is amended by

adding Section 11-13-28 as follows:

(65 ILCS 5/11-13-28 new)

Sec. 11-13-28. Battery-charged fences.

(a) As used in this Section, "battery-charged fence" means

a fence energized by a battery that is not more than 12 volts

of direct current that interfaces with an alarm system in a

manner that enables the fence to cause the connected alarm

system to transmit a signal intended to notify law enforcement

of a potential intrusion.

(b) Notwithstanding any other law, a municipality may not

require a permit or other approval for the installation,

maintenance, placement, replacement, or servicing of a

battery-charged fence if (i) the battery-charged fence is

located on nonresidential property completely surrounded by a

nonelectric perimeter fence or wall that is not less than 5

feet in height and does not exceed 10 feet in height or 2 feet

higher than the nonelectric perimeter fence or wall, whichever

is higher, and (ii) any electrical charge produced on contact

does not exceed energizer characteristics set for electric

fences by the International Electrotechnical Commission.

(c) Any battery-charged fence installed under this Section

must have conspicuous signs located on the fence placed not

less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".

(d) A home rule municipality may not regulate

battery-charged fencing in a manner inconsistent with this

Section. This Section is a limitation under subsection (i) of

Section 6 of Article VII of the Illinois Constitution on the

concurrent exercise by home rule units of powers and functions

exercised by the State.