| ||||
| Public Act 103-0796 | ||||
| ||||
| ||||
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.
| ||