Cities can and do regulate fences, including electric fences. A bill proposes to exempt battery-powered electric fences outside of residential areas from all local regulation, under certain conditions, to deter theft from commercial and industrial properties.

HB 1304, sponsored by Rep. David Hackney (D–Seattle), mandates that a battery-charged electric fence that meets all the following requirements is preempted from local regulations:

• Is not located on a property zoned or used exclusively for residential uses.
• Interfaces with an alarm system that allows the fence to trigger an alarm to summon law enforcement.
• Has an energizer driven by a battery.
• Uses a battery of 12 volts of direct current or less.
• Produces a charge on contact that is set by the International Electrotechnical Commission.
• Is surrounded by a non-electric fence or wall at least 5 feet high.
• Is under 10 feet in height or no more than 2 feet higher than the surrounding non-electric fence or wall.
• Is marked with warning signs at no more than 30-foot intervals.

We are working with proponents to find another approach to authorizing electric fences without the level of preemption and prescription in this proposal.

Dates to remember

HB 1304 is scheduled for public hearing in the House Local Government Committee on Tuesday, January 24 at 10:30 am and is scheduled for a vote in the same committee on Friday, January 27 at 10:30 am.