Classification and Powers of Cities. There are four classifications for cities and town governments: first-class cities, second-class cities, towns, and code cities. A first-class city is a city with a population of 10,000 or more that has adopted a charter. A second-class city is a city with a population over 1500 that does not have a charter and does not operate as a code city under the Optional Municipal Code (OMC). A town has a population of less than 1500 at the time of its organization and does not operate under the OMC. A code city is any noncharter or charter code city under the OMC.
First-class cities derive their powers and structures from their charters. A code city has broad home-rule authority in all matters of local concern. A second-class city or town has the powers expressly or implicitly granted by the Legislature.
Electric Security Alarm System. An electric security alarm system is an outdoor alarm system that integrates an electrified wire structure with an alarm mechanism to detect and alert property owners of intrusions. These systems typically use a low-voltage electric charge to deter unauthorized access while triggering an alert when tampered with. They are commonly used in industrial, commercial, and high-security properties, such as outdoor storage facilities, warehouses, and restricted access areas.
Local Government Authority. Local governments can regulate fencing and may also regulate alarm systems. This may be done by requiring a permit before an alarm system may be installed or used. Local governments may also specifically limit, or prohibit, the use of electric fences within the local government's jurisdiction.
International Electrotechnical Commission. The International Electrotechnical Commission (IEC) is a global standards commission that adopts and publishes technical standards for electrical and electronic technologies. IEC 60335-2-76 deals with the safety of electric fence energizers, the rated voltage of which is not more than 250 volts and by means of which fence wires in agricultural, domestic or feral animal control fences and security fences may be electrified or monitored.
Counties, cities, towns, and code cities (local jurisdictions) that have not adopted an ordinance, land use regulation, or local code related to the regulation of electric security alarm systems must allow for it. The electric security alarm systems may not be considered a fence and may not be regulated by fence codes not referencing or regulating alarm systems.
Electric security alarm systems must be permitted on any allowed or legally nonconforming outdoor storage property. This does not apply to properties zoned for mixed-use which are not outdoor storage properties.
The installation of electric security alarm systems must meet the following requirements:
A minimum five-foot-tall perimeter barrier, fence, or wall must be located around the exterior of the electric security alarm system. The local jurisdiction may require a permit for the installation of a new perimeter fence or wall and require compliance with the local fence code. The local jurisdiction cannot require any additional conditions or improvements appurtenant to the installation of an electric security alarm system.
The local jurisdiction may require an alarm system operator license or permit, as may be required for any other security alarm.
A local jurisdiction that has adopted an ordinance, land use regulation, or local code that regulates or prohibits electric security alarm systems, is not required to allow electric security alarm systems. If a local jurisdiction adopts an ordinance, land use regulation, or local code after the effective date, the local jurisdiction must include "electric security alarm" in the title of the ordinance and hold two public hearings on the regulation prior to final adoption. Any system installed prior to the effective date of an ordinance adopted by a local jurisdiction may continue to operate if it complies with the requirements under this bill.
"Electric security alarm system" means an outdoor alarm system that connects a wire structure to an alarm system and transmits a signal intended to detect and alert the property owner of an intrusion by using an electric charge.
"Outdoor storage property" means an industrial, manufacturing, or other commercial property, regardless of zoning designation, that is legally authorized to store, park, service, sell, or rent vehicles, vessels, aircraft, equipment, materials, cargo, freight, or utility infrastructure within an outdoor lot or yard that is surrounded by a nonelectric perimeter fence or wall.
PRO: The bill represents a compromise between industry and local governments and balances statewide standards with local regulatory authority, preventing the need for businesses to individually seek local approvals. It addresses concerns from previous versions, avoids preemption, and streamlines permitting for businesses. Additionally, the bill aims to help property owners protect outdoor storage areas from theft, particularly for businesses like equipment rental companies.