Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0668.01 Jason Gelender x4330
SENATE BILL 24-096
Senate Committees House Committees
Local Government & Housing
A BILL FOR AN ACT
C
ONCERNING THE USE OF FENCED PERIMETER SECURITY ALARM101
SYSTEMS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill defines what a fenced perimeter security alarm system is
and limits the extent to which a local government is authorized to impose
requirements related to the use of a fenced perimeter security alarm
system.
SENATE SPONSORSHIP
Van Winkle,
HOUSE SPONSORSHIP
Soper,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 5.8 to title2
9 as follows:3
ARTICLE 5.84
Fenced Perimeter Security Alarm Systems5
9-5.8-101. Definitions. A
S USED IN THIS ARTICLE 5.8, UNLESS THE6
CONTEXT OTHERWISE REQUIRES:7
(1) "A
LARM SYSTEM" MEANS A NEW OR EXISTING SYSTEM THAT8
INCLUDES ONE OR MORE MONITORED DEVICES THAT CAN, IF THERE IS AN9
INTRUSION ON PROPERTY, TRANSMIT A SIGNAL TO THE PROPERTY OWNER,10
A MONITORING COMPANY AUTHORIZED BY THE PROPERTY OWNER, OR LAW11
ENFORCEMENT SO THAT THE OWNER OR LAW ENFORCEMENT CAN RESPOND12
TO THE INTRUSION.13
(2) "B
ATTERY-CHARGED FENCE" MEANS A FENCE THAT IS14
CONNECTED TO AN ALARM SYSTEM AND TO ANCILLARY COMPONENTS OR15
EQUIPMENT AND THAT:16
(a) H
AS AN ENERGIZER POWERED BY A TWELVE-VOLT COMMERCIAL17
STORAGE BATTERY THAT MEETS THE STANDARDS SET FORTH BY THE18
I
NTERNATIONAL ELECTROTECHNICAL COMMISSION STANDARD19
60335-2-76
AT THE TIME THE FENCE IS INSTALLED;20
(b) I
S ENCLOSED ON THE OUTSIDE ONLY BY A NONELECTRIC21
PERIMETER FENCE OR WALL THAT IS NOT LESS THAN FIVE FEET IN HEIGHT;22
(c) I
S THE HIGHER OF:23
(I) T
EN FEET IN HEIGHT; OR24
(II) T
WO FEET HIGHER THAN THE HEIGHT OF THE NONELECTRIC25
PERIMETER FENCE OR WALL; AND26
(d) I
S MARKED WITH CONSPICUOUS WARNING SIGNS THAT ARE27
SB24-096
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LOCATED ON THE FENCE AT NOT MORE THAN THIRTY-FOOT INTERVALS AND1
THAT READ: "WARNING-ELECTRIC FENCE".2
(3) "F
ENCED PERIMETER SECURITY ALARM SYSTEM" MEANS AN3
ALARM SYSTEM THAT INCLUDES A BATTERY-CHARGED FENCE THAT WHEN4
CONTACTED CAUSES THE ALARM SYSTEM TO TRANSMIT A SIGNAL TO THE5
PROPERTY OWNER, A MONITORING COMPANY AUTHORIZED BY THE6
PROPERTY OWNER, OR LAW ENFORCEMENT.7
(4) "L
OCAL GOVERNMENT" MEANS A COUNTY, CITY AND COUNTY,8
OR MUNICIPALITY.9
9-5.8-102. Local regulation - limitations. (1) E
XCEPT IN AN10
AREA THAT IS ZONED EXCLUSIVELY FOR RESIDENTIAL USE, A LOCAL11
GOVERNMENT SHALL NOT ADOPT OR ENFORCE ANY ORDINANCE,12
RESOLUTION, OR BUILDING CODE PROVISION THAT:13
(a) P
ROHIBITS THE USE OF A FENCED PERIMETER SECURITY ALARM14
SYSTEM;15
(b) I
MPOSES ANY INSTALLATION OR OPERATIONAL REQUIREMENTS16
FOR A FENCED PERIMETER SECURITY ALARM SYSTEM THAT EXCEED OR ARE17
INCONSISTENT WITH THE INSTALLATION OR OPERATIONAL REQUIREMENTS18
GENERALLY REQUIRED FOR OTHER ALARM SYSTEMS AND THE REQUIRED19
CHARACTERISTICS OF A BATTERY-CHARGED FENCE SPECIFIED IN SECTION20
9-5.8-101
(2); OR21
(c) R
EQUIRES A PERMIT FOR THE INSTALLATION OR USE OF A22
FENCED PERIMETER SECURITY ALARM SYSTEM THAT IS IN ADDITION TO23
ANY PERMIT GENERALLY REQUIRED FOR THE INSTALLATION OR USE OF24
OTHER ALARM SYSTEMS.25
(2) A
LOCAL GOVERNMENT MAY, AS PART OF OR IN ADDITION TO26
ANY OTHER INSPECTION THAT IT GENERALLY REQUIRES FOR AN ALARM27
SB24-096
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SYSTEM, INSPECT A BATTERY-CHARGED FENCE TO VERIFY THAT IT HAS THE1
REQUIRED CHARACTERISTICS OF A BATTERY-CHARGED FENCE SPECIFIED IN2
SECTION 9-5.8-101 (2).3
(3) T
HIS SECTION NEITHER GRANTS NOR IMPLIES THE EXISTENCE OF4
ANY POWER OF A LOCAL GOVERNMENT TO PROHIBIT OR REGULATE THE USE5
OF A BATTERY-CHARGED FENCE OR A FENCED PERIMETER SECURITY ALARM6
SYSTEM IN ANY AREA THAT IS ZONED FOR AGRICULTURAL USE OR WHERE7
AGRICULTURAL USES ARE ALLOWED OR ANY OTHER AREA OTHER THAN AN8
AREA THAT IS ZONED EXCLUSIVELY FOR RESIDENTIAL USE.9
SECTION 2. Act subject to petition - effective date. This act10
takes effect at 12:01 a.m. on the day following the expiration of the11
ninety-day period after final adjournment of the general assembly; except12
that, if a referendum petition is filed pursuant to section 1 (3) of article V13
of the state constitution against this act or an item, section, or part of this14
act within such period, then the act, item, section, or part will not take15
effect unless approved by the people at the general election to be held in16
November 2024 and, in such case, will take effect on the date of the17
official declaration of the vote thereon by the governor.18
SB24-096
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