Cal. Civ. Code § 835

Current through the 2024 Legislative Session.
Section 835 - [Effective Until 1/1/2028] Electrified security fence
(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, 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 manufacturing or industrial property, or property zoned under another designation, but legally authorized to be used for a 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 and falls within the description of property described in paragraph (2) of subdivision (a).
(2) The electrified security fence meets the standards and specifications of the International Electrotechnical Commission for electric security fence energizers in "International Standard IEC 60335, Part 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 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 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 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 shall not be construed to apply to an electrified security fence.
(2) 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, 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 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.
(f) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

Ca. Civ. Code § 835

Amended by Stats 2024 ch 235 (AB 2371),s 1, eff. 9/14/2024.
Amended by Stats 2021 ch 148 (AB 358),s 1, eff. 1/1/2022.
Added by Stats 2015 ch 273 (SB 582),s 1, eff. 1/1/2016.