§ 16.44.030 ELECTRIC, BARBED WIRE, AND RAZOR-EDGED FENCES.
   (A)   Electrified security fences. Electrified security fences are permitted only within the C-LI, LI, and I Zones and must comply with the standards and regulations contained in this division. In the event of a conflict between this division and any other provision of this code, the provisions of this division shall control.
      (1)   Definitions. For the purposes of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         BARRIER. Any "fence" or "wall" as those terms are defined in this code.
         ELECTRIFIED SECURITY FENCE. Any fence, barrier or enclosure partially or totally surrounding a building, field or yard, carrying any electrical pulse or charge through any part, section or element thereof. The electrified security fence may, but is not required to, interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary.
      (2)   Application.
         (a)   Electrified security fences may be erected around the entire perimeter of the property.
         (b)   It is unlawful for any person to install, maintain, or operate an electrified security fence in violation of this division.
      (3)   Conflicts with other laws and standards.
         (a)   In the event of any conflict between this division and any state or federal law, rule or regulation, the requirement that establishes the higher standard of safety or accessibility shall govern. Failure to comply with such standard shall be a violation of this division.
         (b)   To the extent that the construction of an electrified security fence does not conflict with the requirements of this division, such fence shall be constructed and installed in conformance with the specifications set forth in IEC Standard 60335-2-76.
      (4)   Electrified security fence installation permit.
         (a)   The installation of an electrified security fence requires an approved installation permit. Installation permit applications shall be filed with the Building Division. Installation permit applications must include the following:
            1.   Site plan indicating the location of the electrified security fence and perimeter fence.
            2.   Schematics and load calculations indicating and/or displaying the:
               a.    Location of the power source;
               b.    Materials used for the fence construction;
               c.    Location of the regulating and monitoring equipment; and
               d.    Location of emergency access, Key Box and cut-off switch.
         (b)   The installation permit application fee shall be set by resolution of the City Council. The fee shall be paid by the applicant at the time of filing the application.
      (5)   Electrified security fence operational permit.
         (a)   The operation of an electrified security fence requires a valid operational permit. Operational permit applications shall be filed with the Community and Economic Development Department.
         (b)   An operational permit is valid for one year. The date of the expiration of the operational permit shall be provided to the applicant after the approval of the permit.
         (c)   A written application shall be submitted to the Community and Economic Development Department on forms furnished for that purpose. No applications may be accepted unless and until the permit fee has been paid. Operational permit applications must include the following:
            1.   The name and address of the establishment and business telephone number of the applicant, the name and titles and 24-hour emergency telephone numbers of the primary response person and an alternate.
            2.   The name and address of the person who owns the establishment and, if different, the name and address of the person(s) who operate the establishment or any portion thereof.
            3.   Certification from a qualified person with expertise in evaluating the safety of electric fences stating that the electrified security fence installation is currently operating in conformity with its safety requirements.
            4.   A notarized statement by the applicant stating that the electrified security fence is in compliance with the requirements of this division.
            5.   Proof of liability insurance, as required by this division.
      (d)   Operational permit application fees shall be set by resolution of the City Council.
      (e)   Renewal applications and applications filed following permit revocation shall include all of the information required by this division.
   (B)   Permit revocation.
      (1)   If an electrified security fence is found to not be in compliance with this division, the Community and Economic Development Department may revoke the operational permit.
      (2)   Upon permit revocation, the electrified security fence applicant shall receive a statement from the Community and Economic Development Department describing the reason for the revocation.
      (3)   Unless otherwise provided by this division, after revocation an applicant may apply for a new operational permit.
   (C)   Appeals. An interested person may appeal to the City Council a decision of the Community and Economic Development Department made pursuant to this division.
   (D)   Liability insurance. The owner of the electrified security fence and the property owner(s), if different, are each required to carry general liability insurance in a minimum amount of $1,000,000 in the aggregate. Further, proof of insurance shall be required as a condition precedent to secure an operational permit as required in this division and upon each subsequent annual renewal. A failure to maintain proof of insurance for the permitted year shall be grounds for denial or revocation of the operational permit. Proof of minimum coverage amounts maintained for the preceding year must be provided with each application for operational permit renewal. Failure to maintain coverage for the entire previous year shall result in a denial of any permit renewal for five years from the date of operational permit expiration or revocation. Proof of insurance shall be underwritten by an organization licensed and authorized to do business in the State of California.
   (E)   Electrification.
      (1)   No electrified security fence shall be installed or operated with a power source other than a storage battery not exceeding 12 volts direct current, charged primarily with a solar panel; provided, however, in case of inclement weather or other conditions that inhibit the ability of the solar panel to fully recharge the battery, a charging device may be utilized for such purpose, if connected in a manner that ensures that the charging device cannot provide a source of power directly to the fence. In no case shall an electrified security fence be connected to any other electric power source.
      (2)   AC current shall not be used to energize any electrified security fence.
      (3)   All ground system cables shall be properly insulated.
      (4)   The controller ground system shall not be connected to any plumbing systems in or out of use and shall be at least 50 feet from other utility and buried water pipes.
      (5)   The fence controller ground wire shall not touch any buildings on site.
      (6)   The fence controller and its ground system shall be at least 50 feet away from radio and buried telephone wires.
      (7)   A lightning diverter (commonly referred to as a lightning arrestor) shall be installed between the fence and the fence controller.
      (8)   A cut-off switch shall be installed capable of disconnecting the fence from the controller in case of emergencies, electrical storms, etc. A Key Box shall be installed to provide secure access to the cut-off switch. The Key Box shall be illuminated to a minimum one foot candle.
      (9)   Each energizer shall be connected to its own ground system and must not be connected to any other ground system(s).
      (10)   Two or more energizers shall not be connected to the same fence unless the use of multiple energizers does not increase the overall charge transmitted on the fence and adequate access is provided to the cut-off switch for each energizer.
      (11)   All cabling (i.e. wire) and connectors shall be of the same material (e.g. steel, copper, etc.).
   (F)   Perimeter barrier. No electrified security fence shall be installed or operated unless it is completely surrounded by a non-electric perimeter barrier that is not less than six feet in height. The perimeter barrier shall be separated from the electrified security fence as specified in Annex CC of IEC Standard 603352-76, with the exception of gate openings. The area between the perimeter barrier and the electrified security fence shall be kept clear of landscaping, shrubbery, and other fences or material of any kind. The lowest part of the perimeter barrier shall be constructed to follow the natural terrain to prevent penetration of the perimeter barrier at ground level. No part of a perimeter barrier shall be allowed to be in contact with the electrified security fence. Perimeter barriers shall be one of the following: a wood privacy fence, a chain link fence with wood or plastic slats inserted into each weave of the fence, wrought iron with approved steel mesh installed between rungs, masonry wall, or an equivalent perimeter barrier.
   (G)   Location.
      (1)   The electrified security fence must be located at least ten feet from any street property line or five feet from a separated sidewalk.
      (2)   Electrified security fences are prohibited for use on property zoned exclusively residential. When abutting a property zoned to allow a residential use, exclusively or not, the electrified security fence must be located at least six feet from the residential use and must include a perimeter barrier consisting of a minimum six foot high solid wooden fence or block wall shall require a minimum 12-inch setback for the electrified security fence. Any other perimeter barrier proposed adjacent to a property zone exclusively residential is required to have an approved mesh installed, as reviewed and approved by the Community and Economic Development Department, as a secondary protective barrier, be a minimum of six feet in height, and require a minimum 12-inch setback for an electrified security fence.
      (3)   Electrified security fences are prohibited within 25 feet of any outdoor area utilized for the storage, use, or handling of Hazardous Materials as defined in the 2019 California Fire Code.
   (H)   Height. The height of a fence must not exceed ten feet or two feet higher than the existing perimeter fence, whichever is greater.
   (I)   Signage. Electrified security fences shall be clearly identified by warning signs. The warning signs shall conform to the following requirements:
      (1)   All warning signs shall include text that reads: "Warning Electric Fence". The text shall be printed in English and Spanish. All lettering shall be a minimum of one inch high.
      (2)   The size of the warning signs shall be a minimum of four inches by eight inches and be viewable from both the interior and exterior of the protected property.
      (3)   The warning signs shall consist of a yellow background with black inscriptions and must be kept in good condition to ensure visibility.
      (4)   There shall be a minimum of one warning sign posted on the electrified security fence every 30 linear feet. The signs shall be visible to a person standing outside the perimeter barrier.
   (J)   Hours of activation. An electrified security fence shall only be energized during the hours when the general public does not have legal access to the protected property and shall be maintained by an automatic timer.
(Ord. 1100, passed 7-6-04; Am. Ord. 1314, passed 4-6-22)