Physical security measure on private property, state preemption — exclusions — access to property for law enforcement and first responders.

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Effective - 28 Aug 2021

67.494. Physical security measure on private property, state preemption — exclusions — access to property for law enforcement and first responders. — 1. The general assembly hereby occupies and preempts the entire field of legislation regarding in any way the regulation of physical security measures around private property to the complete exclusion of any order, ordinance, policy, or regulation by any village, town, city, including any home rule city, or county in this state. Any existing or future order, ordinance, policy, or regulation in this field is or shall be null and void.

2. Nothing in this section shall prohibit a village, town, city, or county from regulating:

(1) The aesthetics of physical security measures;

(2) Access to the public right-of-way, a sidewalk, or utility easement;

(3) The structural soundness of physical security measures; or

(4) Changes to the drainage of a property.

3. Physical security measures shall have a means to enter the property so that law enforcement and first responders are able to access the property in an emergency.

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(L. 2021 S.B. 26)


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