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| 1 | AN ACT concerning local government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Battery-Charged Fence Alarm Act. | ||||||
| 6 | Section 5. Definitions. As used in this Act: | ||||||
| 7 | "Alarm system" has the meaning given to that term in | ||||||
| 8 | Section 5-10 of the Private Detective, Private Alarm, Private | ||||||
| 9 | Security, Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
| 10 | "Battery-charged fence alarm" means an alarm system and | ||||||
| 11 | ancillary components or equipment attached to such a system, | ||||||
| 12 | including, but not limited to, a fence that is connected to | ||||||
| 13 | battery-operated energizer which is intended to periodically | ||||||
| 14 | deliver voltage impulses to the fence and battery charging | ||||||
| 15 | device used exclusively to charge the battery. | ||||||
| 16 | Section 10. Regulation of battery-charged fence alarms. | ||||||
| 17 | Notwithstanding any other provision of law, a municipality or | ||||||
| 18 | county may not:
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| 19 | (1) require a permit or fee for the installation or | ||||||
| 20 | use of a battery-charged fence alarm that is in addition | ||||||
| 21 | to an alarm system permit issued by the municipality or | ||||||
| 22 | county; | ||||||
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| 1 | (2) impose installation or operational requirements | ||||||
| 2 | for a battery-charged fence alarm other than the following | ||||||
| 3 | requirements: | ||||||
| 4 | (A) interfaces with a monitored alarm device in a | ||||||
| 5 | manner that enables the alarm system to transmit a | ||||||
| 6 | signal intended to summon a business or law | ||||||
| 7 | enforcement agency in response to an intrusion or | ||||||
| 8 | burglary; | ||||||
| 9 | (B) is located on property that is not designated | ||||||
| 10 | by a municipality or county exclusively for | ||||||
| 11 | residential use; | ||||||
| 12 | (C) has an energizer that is driven by a | ||||||
| 13 | commercial storage battery that is not more than 12 | ||||||
| 14 | volts of direct current; | ||||||
| 15 | (D) produces an electric charge on contact that | ||||||
| 16 | does not exceed energizer characteristics set for | ||||||
| 17 | electric fence energizers by the International | ||||||
| 18 | Electrotechnical Commission Standard 60335.2.76, | ||||||
| 19 | Current Edition; | ||||||
| 20 | (E) is completely surrounded by a non-electric | ||||||
| 21 | perimeter fence or wall that is not less than 5 feet in | ||||||
| 22 | height; | ||||||
| 23 | (F) is not more than the higher of: | ||||||
| 24 | (i) ten feet in height, or | ||||||
| 25 | (ii) two feet higher than the height of the | ||||||
| 26 | non-electric perimeter fence or wall; and | ||||||
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| 1 | (G) is marked with conspicuous warning signs that | ||||||
| 2 | are located on the battery-charged fence at not more | ||||||
| 3 | than 40-foot intervals and that reads: | ||||||
| 4 | "WARNING—ELECTRIC FENCE"; or | ||||||
| 5 | (3) prohibit the installation or use of a | ||||||
| 6 | battery-charged fence alarm. | ||||||
| 7 | Section 15. Home Rule. A home rule unit may not regulate | ||||||
| 8 | battery-charged fence alarms in a manner inconsistent with | ||||||
| 9 | this Act. This Act is a limitation under subsection (i) of | ||||||
| 10 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 11 | concurrent exercise by home rule units of powers and functions | ||||||
| 12 | exercised by the State.
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