Summary:

 House Bill 228 (HB 228) limits county and municipal restrictions on certain battery-charged fences with alarm systems located outside of areas zoned exclusively for residential use; and provides definitions regarding county and municipal zoning. 

Legislation Overview:

 House Bill 228 (HB 228) amends Section 3-21-1 NMSA 1978, providing an exemption from county and municipal restrictions on certain battery-charged fences with alarms, in designated areas (as described in a new Section, 2-21-1.1 NMSA) which is detailed as follows:

A. As used in Section 2-21-1.1 NMSA 1978: 

(1) "alarm system" means any electrical, mechanical or electronic device or sensor, including any integrated components, used to prevent, detect or alert law enforcement or occupants of burglary, theft or intrusion; and 

(2) "battery-charged fence" means a fence, including any integrated components, that has an energizer driven by a battery and that interfaces with a connected alarm system in a manner that enables the fence to cause the alarm system to transmit a signal intended to notify the business that monitors the alarm system or the business that has a battery-charged fence or alarm system installed on the premises in response to an intrusion. 

B. Except in an area zoned exclusively for residential use, county and municipal zoning authorities, including zoning authorities for home rule municipalities, may not: 

(1) prohibit the installation or use of a battery-charged fence; 

(2) impose installation or operational requirements for battery-charged fences or alarm systems inconsistent with international electrotechnical commission standards as most recently published or inconsistent with this section; or 

(3) require a permit for the installation or use of a battery-charged fence that is additional to an alarm permit issued by the local government. 

C. For purposes of this section, a battery-charged fence must: 

(1) use a battery that is not more than twelve volts of direct current; 

(2) produce an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by the international electrotechnical commission standards as most recently published; 

(3) be enclosed on the outside only by a nonelectric perimeter fence or wall that is not less than five feet in height; 

(4) be ten feet in height, or two feet higher than the height of the non-electric perimeter fence or wall, whichever is higher; and 

(5) be marked with conspicuous warning signs that are located on the fence at not more than thirty-foot intervals and that read: "WARNING: ELECTRIC FENCE".
 

Current Law:

 Currently, a county or municipality may regulate and restrict structures, without an exception regarding battery-charged fences.