21.62.075 Electrified fence standards.
   (a)   Location. Electrified fences shall be prohibited in all zoning districts, except for the following:
      (1)   Industrial (M-2) Zoning District, provided the electrified fence is not located along a property line that abuts property in a residential zone or property used for residential purposes; and provided the electrified fence is not located within a required setback.
      (2)   Freeway Commercial (C-F) Zoning District, provided the electrified fence is only located along the rear and interior side property line that abuts a railroad right-of-way, flood control channel, waterway, or Industrial (M-2) zoned property and provided the electrified fence is not located within the required front yard setback.
      (3)   Temporary Location Exemption. A request for a temporary exemption from the permitted locations noted in numbers (1) and (2) above may be made via a zoning clearance/plan check application.
         i.   In addition to the documents/plans required for submittal of a zoning clearance/plan check application submittal, the application shall also include the following:
            1.   Clear statement of the condition(s) that exist to warrant the requested exemption.
            2.   Clear justification for the approval of the requested location exemption.
            3.   Time period for the temporary exemption, start and end dates.
         ii.   The installation being proposed under an exemption shall comply with the Development Standards for Electrified Fences listed within the subsection 21.62.075(c).
         iii.   The following are required when granting a location exemption:
            1.   The property under application is located within the Industrial (M-2) or Freeway Commercial (C-F) Zoning District.
            2.   The condition(s) that exists for requesting the exemption is beyond the control of the applicant, business owner and property owner of the site making the request.
            3.   The condition(s) that exists for requesting the exemption is temporary.
            4.   The location of the temporary installation does not create a safety hazard for pedestrians, motorist or others.
            5.   The time period requested for the temporary location exemption is reasonable.
         iv.   In the event the condition that warranted the approval is cured prior to the expiration of the approved time period, the installation shall be removed within 30 days of written notice from the City of La Mirada.
         v.   Appeals shall be subject to the procedures in Chapter 21.88 of Title 21 of this municipal code.
         vi.   Approval of a location exemption shall not be final until an agreement between the applicant, business owner, property owner and the City of La Mirada is executed. The agreement shall be prepared by the city attorney and executed by the city manager. The fee for preparation of the agreement shall be established by separate city council resolution.
   (b)   Permit requirement. Electrified fences shall require approval of a Zoning Clearance Application pursuant to Chapter 21.96 to ensure compliance with the applicable regulations of this section, chapter and title. Electrified fences shall also be reviewed and approved by the County of Los Angeles Fire Department prior to being granted all necessary Building and Electrical permits.
   (c)   Development Standards. Electrified fences shall comply with the following standards:
      (1)   Electrified fences shall be installed as to be as minimally intrusive as possible.
      (2)   Electrified fences should utilize horizontal electrified wires and minimal vertical post.
      (3)   Height. Electrified fences parallel to a street shall not exceed eight feet in height and electrified fences along a rear or interior side property line shall not exceed ten feet in height.
      (4)   Electrified fencing shall be completely surrounded by a non-electrified perimeter fence or wall that is not less than six feet high. Where an electrified fence is visible to the public, the perimeter fence or wall shall be 100% view obscuring. Vehicle access gates along a public right-of-way may be exempted from this requirement.
      (5)   The spacing between the electrified fence and perimeter fence or wall shall not be greater than eighteen inches and the area between the two shall be kept free of trash, debris and overgrown vegetation.
      (6)   No barbed, concertina, or similar wire shall be attached to the electrified fence or perimeter fence or wall, and any existing barbed, concertina, or similar wire attached to any fence or structure on the subject site shall be removed.
      (7)   Electrification. Electrified fences shall be constructed or installed in conformance with applicable provisions of the Los Angeles County Electrical Code, California Electrical Code (CEC) and/or International Electrotechnical Commission (IEC) standards for electric fence energizers.
      (8)   The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC or other system as approved by the County of Los Angeles, Building and Safety Division.
      (9)   The electric charge produced by the fence upon contact shall not exceed the energizer limitations imposed by the Los Angeles County Electrical Code, California Electrical Code (CEC) and/or International Electrotechnical Commission (IEC) standards for electric fence energizers as approved by the County of Los Angeles, Building and Safety Division.
      (10)   Warning signs. Electrified fences shall be clearly identified with legible warning signs that read, "Warning: Electric Fence" and shall include a universal symbol indicating the presence of an electrified fence. Such signs shall be installed at each gate and access point, and on the perimeter fence or wall at intervals not exceeding thirty feet. The warning signs shall be visible on both sides of the fence and shall be no smaller than twelve inches by eighteen inches. The warning signs shall be kept in good condition to ensure visibility and readability.
      (11)   Owner/management company contact. A notice shall be posted at each pedestrian and vehicle gate indicating a twenty-four-hour contact person's name and phone number.
   (d)   Emergency Access. A "Knox Box," disconnect switches and/or other similar approved devices shall be installed for emergency access as may be required by the County of Los Angeles Sheriff and Fire Departments. When required, disconnect switches and controls shall be installed in an easily accessible location on the property, shall not be obscured in any manner from the street/private driveway access and shall be clearly identified with signs. In the event of an emergency or urgent circumstance requiring that the County Sheriff and/or Fire Departments access a property with a permitted electrified fence, and the Knox Box or other similar approved device is absent or non-functional, and an owner, manager, employee, custodian, or any other person with control over the property is not present to disable the electrified fence, fire and/or Sheriff personnel shall be authorized to disable the electrified fence in order to gain access to the property. As a condition of permit issuance, when access is attained under emergency or urgent circumstances, all permit applicants and, by extension, the subject site's property owner(s), agree to waive any and all claims for damages to the electrified fence and associated equipment against the City of La Mirada, County Sheriff, County Fire Department, their employees and/or others acting at their direction.
   (e)   Indemnification. To the maximum extent permitted by law, all applicants and, by extension, the subject site's property owner(s) issued permits to install an electrified fence as provided in this section shall indemnify, defend and hold harmless the city, its elected officials, officers, agents, contractors, and employees with respect to: any and all claims, damages and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with or arising out of the exercise of rights granted by the permits and/or approvals associated with the installation of an electrified fence; and any and all claims, liabilities, lawsuits or actions, including any and all claims, liabilities and losses for damage, injury, or death, occurring in connection with or arising out of the granting of or the exercise of the rights granted by the permits and/or approvals associated with the installation of an electrified fence. Applicant's obligation to indemnify, defend, and hold harmless the city as stated hereinabove shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the city's choice in representing the city in connection with any such claims, losses, lawsuits, or actions, and payment of any award of damages, judgments, verdicts, court costs and attorneys' fees in any such lawsuit or action." (Ord. 717 § 5, 2021; Ord. 710, § 8, 2019).