HF 3634

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2024 03:52pm

A bill for an act
relating to local government; providing for regulation of battery-charged security
fences; proposing coding for new law in Minnesota Statutes, chapter 471.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [471.9999] BATTERY-CHARGED SECURITY FENCES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Alarm system" means a new or existing system designed to provide security for a
property and which may require a permit to be issued by a municipality.
new text end

new text begin (c) "Battery-charged security fence" or "fence" means an alarm system and ancillary
components, or equipment attached to such a system, including but not limited to a fence,
an energizer, cameras, and a battery charging device used exclusively to charge the battery
for the system. Battery-charged security fence does not mean an electric partition fence
built and maintained under section 344.03 or any other electric fence used for agricultural
purposes as defined in section 273.13, subdivision 23, paragraph (e).
new text end

new text begin (d) "Municipality" means a town, city, county, school district, or other municipal
corporation or political subdivision of the state.
new text end

new text begin Subd. 2. new text end

new text begin Battery-charged security fence requirements. new text end

new text begin A battery-charged security
fence must meet all of the following criteria:
new text end

new text begin (1) the fence must interface with a monitored alarm device in a manner that enables the
alarm system to transmit a signal intended to summon the property owner, law enforcement,
or both, in response to an intrusion or burglary;
new text end

new text begin (2) the fence is located on property that is not zoned by a municipality exclusively for
residential use;
new text end

new text begin (3) the fence has an energizer that is powered by a commercial storage battery that is
not more than 12 volts of direct current;
new text end

new text begin (4) the fence has an energizer that meets the standards set forth by the most current
version of International Electrotechnical Commission Standard 60335-2-76;
new text end

new text begin (5) the fence is behind and interior to a nonelectric fence or wall that is at least five feet
in height;
new text end

new text begin (6) the fence is the higher of ten feet high or two feet higher than the nonelectric fence
or wall in clause (5); and
new text end

new text begin (7) the fence is marked with conspicuous warning signs that read "WARNING -
ELECTRIC FENCE" and the signs are located on the battery-charged security fence at no
more than 30-foot intervals.
new text end

new text begin Subd. 3. new text end

new text begin Limitations on municipal regulation. new text end

new text begin Notwithstanding any statute, law, or
rule to the contrary, a municipality may not adopt or enforce an ordinance, order, or regulation
that:
new text end

new text begin (1) requires an additional permit or fee for a battery-charged security fence, or requires
a permit or fee for the installation or use of a battery-charged security fence that is in addition
to an alarm system permit issued by the municipality;
new text end

new text begin (2) imposes installation or operational requirements for a battery-charged security fence
that are inconsistent with the requirements and standards in subdivision 2; or
new text end

new text begin (3) prohibits the installation or use of a battery-charged security fence that meets the
requirements of subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end