Public Act 0796 103RD GENERAL ASSEMBLY

HB2154 Enrolled LRB103 25136 AWJ 51475 b

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.