LOCAL-BATTERY-CHARGED FENCES

Session: 103rd General Assembly
Year: 2023
Bill #: HB2154
Category: County Authority
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

View bill

Summary as Introduced

Amends the Counties Code, Township Code, and Illinois Municipal Code. Provides that a county, township, or 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 and surrounded by a nonelectric-perimeter fence or wall and (ii) any electrical charge produced on contact does not exceed energizer characteristics set for electric fences by the International Electrotechnical Commission. Provides that any battery-charged fence installed under the provisions must have a conspicuous warning sign located on the fence at not more than 50-foot intervals. Defines "battery-charged fence". Limits the concurrent exercise of home rule powers.

Staff Analysis

Amends the Counties Code, Township Code, and Illinois Municipal Code. Provides that a county, township, or 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 and surrounded by a nonelectric-perimeter fence or wall and (ii) any electrical charge produced on contact does not exceed energizer characteristics set for electric fences by the International Electrotechnical Commission. Provides that any battery-charged fence installed under the provisions must have a conspicuous warning sign located on the fence at not more than 50-foot intervals. Defines "battery-charged fence". Limits the concurrent exercise of home rule powers. House Amendment 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that a county may not require a permit or other approval for the installation, maintenance, placement, replacement, or servicing of a battery-charged fence if 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 (rather than surrounded by a nonelectric-perimeter fence or wall). Provides that the signs on the fence shall be located not less than 30 feet apart (rather than located on the fence at not more than 50-foot intervals).



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