HB226 By Representative Ingram RFD County and Municipal Government Rd 1 13-FEB-20

SYNOPSIS: This bill relates to alarm systems and would define a battery-charged fence used in connection with a new or existing alarm system. The bill would limit the authority of a municipality or county to regulate the installation and use of a battery-charged fence as defined by this act and would exclude a battery-charged fence used for agricultural or animal containment purposes.

A BILL TO BE ENTITLED AN ACT

Relating to alarm systems; to define a battery-charged fence used in connection with a new or existing alarm system; to limit the authority of a municipality or county to regulate the installation and use of a battery-charged fence as defined in this act; and to provide that this act would not apply to a battery-charged fence used for agricultural or animal containment purposes.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) For purposes of this act, a "battery-charged fence" means a new or existing alarm system and ancillary components or equipment attached to the system that includes a fence and an energizer powered by a commercial storage battery which produces a short electric pulsed charge upon contact with the fence and battery charging device used exclusively to charge the battery and meets all of the following requirements:

(1) Interfaces with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business or law enforcement, or both, in response to an intrusion or burglary.

(2) Is located on property that is not designated by a municipality or county exclusively for residential use.

(3) Has an energizer that is driven by a commercial storage battery that is not more than 12 volts of direct current.

(4) Produces an electric charge on contact that does not exceed energizer characteristics established for electric fence energizers by the current standards of the International Electrotechnical Commission.

(5) Is surrounded by a nonelectric perimeter fence or wall that is not less than five feet in height.

(6) Is at least 10 feet in height.

(7) Is at least two feet higher than the height of the non-electric perimeter fence or wall.

(8) Is marked with conspicuous warning signs that are located on the battery charged fence at not more than 40-foot intervals and that read: "WARNING-ELECTRIC FENCE."

(b) Notwithstanding any other law, a municipality or county may not adopt or enforce an ordinance, resolution, order, or rule that does any of the following:

(1) Requires a permit or fee for the installation or use of a battery-charged fence that is in addition to any fee or alarm system permit required for any other alarm system by the municipality or county. No additional permit or fee shall be required for the battery-charged fence.

(2) Imposes installation or operational requirements for the battery-charged fence that are inconsistent with the requirements and standards described in this section.

(3) Prohibits the installation or use of a battery-charged fence.

(c) This section does not apply to a battery-charged fence used for agricultural or animal containment purposes.

(d) This section shall not be construed as prohibiting a municipality from charging a business license as provided in Article 2 of Chapter 51 of Title 11, Code of Alabama 1975, for any person or business installing battery-charged fences.

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Alarms

Battery-Charged Fences

Counties

Municipalities

Burglar Alarms