HB2154 EngrossedLRB103 25136 AWJ 51475 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Section
55-12022 as follows:
 
6    (55 ILCS 5/5-12022 new)
7    Sec. 5-12022. Battery-charged fences.
8    (a) As used in this Section, "battery-charged fence" means
9a fence energized by a battery that is not more than 12 volts
10of direct current that interfaces with an alarm system in a
11manner that enables the fence to cause the connected alarm
12system to transmit a signal intended to notify law enforcement
13of a potential intrusion.
14    (b) Notwithstanding any other law, a county may not
15require a permit or other approval for the installation,
16maintenance, placement, replacement, or servicing of a
17battery-charged fence if (i) the battery-charged fence is
18located on nonresidential property completely surrounded by a
19nonelectric perimeter fence or wall that is not less than 5
20feet in height and does not exceed 10 feet in height or 2 feet
21higher than the nonelectric perimeter fence or wall, whichever
22is higher, and (ii) any electrical charge produced on contact
23does not exceed energizer characteristics set for electric

 

 

HB2154 Engrossed- 2 -LRB103 25136 AWJ 51475 b

1fences by the International Electrotechnical Commission.
2    (c) Any battery-charged fence installed under this Section
3must have conspicuous signs located on the fence placed not
4less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".
5    (d) A home rule county may not regulate battery-charged
6fencing in a manner inconsistent with this Section. This
7Section is a limitation under subsection (i) of Section 6 of
8Article VII of the Illinois Constitution on the concurrent
9exercise by home rule units of powers and functions exercised
10by the State.
 
11    Section 10. The Township Code is amended by adding Section
12110-80 as follows:
 
13    (60 ILCS 1/110-80 new)
14    Sec. 110-80. Battery-charged fences.
15    (a) As used in this Section, "battery-charged fence" means
16a fence energized by a battery that is not more than 12 volts
17of direct current that interfaces with an alarm system in a
18manner that enables the fence to cause the connected alarm
19system to transmit a signal intended to notify law enforcement
20of a potential intrusion.
21    (b) Notwithstanding any other law, a township may not
22require a permit or other approval for the installation,
23maintenance, placement, replacement, or servicing of a
24battery-charged fence if (i) the battery-charged fence is

 

 

HB2154 Engrossed- 3 -LRB103 25136 AWJ 51475 b

1located on nonresidential property completely surrounded by a
2nonelectric perimeter fence or wall that is not less than 5
3feet in height and does not exceed 10 feet in height or 2 feet
4higher than the nonelectric perimeter fence or wall, whichever
5is higher, and (ii) any electrical charge produced on contact
6does not exceed energizer characteristics set for electric
7fences by the International Electrotechnical Commission.
8    (c) Any battery-charged fence installed under this Section
9must have conspicuous signs located on the fence placed not
10less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".
 
11    Section 15. The Illinois Municipal Code is amended by
12adding Section 11-13-28 as follows:
 
13    (65 ILCS 5/11-13-28 new)
14    Sec. 11-13-28. Battery-charged fences.
15    (a) As used in this Section, "battery-charged fence" means
16a fence energized by a battery that is not more than 12 volts
17of direct current that interfaces with an alarm system in a
18manner that enables the fence to cause the connected alarm
19system to transmit a signal intended to notify law enforcement
20of a potential intrusion.
21    (b) Notwithstanding any other law, a municipality may not
22require a permit or other approval for the installation,
23maintenance, placement, replacement, or servicing of a
24battery-charged fence if (i) the battery-charged fence is

 

 

HB2154 Engrossed- 4 -LRB103 25136 AWJ 51475 b

1located on nonresidential property completely surrounded by a
2nonelectric perimeter fence or wall that is not less than 5
3feet in height and does not exceed 10 feet in height or 2 feet
4higher than the nonelectric perimeter fence or wall, whichever
5is higher, and (ii) any electrical charge produced on contact
6does not exceed energizer characteristics set for electric
7fences by the International Electrotechnical Commission.
8    (c) Any battery-charged fence installed under this Section
9must have conspicuous signs located on the fence placed not
10less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".
11    (d) A home rule municipality may not regulate
12battery-charged fencing in a manner inconsistent with this
13Section. This Section is a limitation under subsection (i) of
14Section 6 of Article VII of the Illinois Constitution on the
15concurrent exercise by home rule units of powers and functions
16exercised by the State.