 |
ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
alarm systems; low-voltage electric fences
Purpose
Includes a low-voltage electric fence in the definition of an alarm system and defines the term low-voltage electric fence.
Background
Current statute defines an alarm or alarm system as any mechanical or electrical device that is designed to emit an audible alarm or transmit a signal or message if activated and that is used to detect an unauthorized entry into a building or other facility or alert other persons of the occurrence of a medical emergency or the commission of an unlawful act against a person or in a building or other facility. This includes certain types of alarms like panic, holdup, burglary or medical alarms, but does not include telephone call diverters that are not designed to alert public safety personnel (A.R.S. § 32-101).
An alarm business may not operate until the alarm business and each of its controlling persons submit applications and receive certification from the Board of Technical Registration (Board). A separate certificate is required for each business name under which an alarm business conducts business or advertises, except that one certificate may be used for two businesses with the same ownership. To obtain an alarm business certificate, each controlling person of the alarm business shall provide proof to the Board of having a valid fingerprint clearance card (A.R.S. § 32‑122.05).
Under the Arizona Constitution, a city with a population of more than 3,500 people is entitled to establish a charter for its government (Ariz. Const. art. 13 § 2). Sometimes referred to as the home-rule provision, the purpose of this is to grant cities autonomy over matters of local interest. If a state law conflicts with a city's charter, whether or not the charter supersedes the statute is determined largely by whether the interests affected present a local or statewide concern.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Defines a low-voltage electric fence as a fence that complies with all of the following requirements:
a) has an electric fence energizer that is powered by a commercial storage battery with a rated voltage of not more than 12 volts and produces electric charge on contact with the fence;
b) is completely enclosed by a nonelectric fence or wall;
c) is continuously monitored;
d) is attached to ancillary components or equipment such as closed-circuit television systems, access controls, battery recharging devices and video cameras;
e) does not exceed ten feet in height or two feet higher than the nonelectric fence or wall that encloses it;
f) has identification warning signs attached at intervals of not more than 60 feet;
g) is not installed in an area zoned exclusively for single-family or multifamily residential use; and
h) does not enclose property that is used for residential purposes.
2. Includes a low-voltage electric fence in the definition of an alarm or alarm system.
3. States that the regulation of low-voltage electric fence alarm systems is of statewide concern and is not subject to further regulation by political subdivisions.
4. Makes conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 11, 2019
ZD/gs