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)