A Bill for an Act
Page 1, Line 101Concerning the use of electronic fence detection systems.
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 an electronic fence detection system, which is a security system that is used in conjunction with a fence. An electronic fence detection system includes a detector that, when contacted, causes an alarm system to transmit a signal to the property owner, a monitoring company authorized by the property owner, or law enforcement.
The bill allows a local government to impose installation or operational requirements for an electronic fence detection system that are consistent with the installation or operational requirements generally required for other alarm systems. In addition, the bill allows a local government to require a permit for the installation or use of an electronic fence detection system that is not in addition to any permit generally required for the installation or use of any other alarm system. Lastly, the bill allows a local government to inspect an electronic fence detection system.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly
Page 2, Line 3finds and declares that:
Page 2, Line 4(a) Certain alarm systems have battery-charged detectors that,
Page 2, Line 5when contacted, transmit a signal to a real property owner or law
Page 2, Line 6enforcement;
Page 2, Line 7(b) These alarm systems are often used to protect critical
Page 2, Line 8infrastructure, including cell phone towers, electric substations, and
Page 2, Line 9internet service provider huts, as well as commercial construction sites
Page 2, Line 10and other sites that are often vandalized or subject to thievery. In
Page 2, Line 11particular, these alarm systems help prevent the theft of copper wire,
Page 2, Line 12which is critical to maintaining the state's power grid and
Page 2, Line 13telecommunications network.
Page 2, Line 14(c) Such alarm systems:
Page 2, Line 15(I) Reduce crime by causing potential thieves or vandals to rethink
Page 2, Line 16their criminal intentions;
Page 2, Line 17(II) Avoid adding to police backlogs by reducing crime;
Page 2, Line 18(III) Help keep communities safe; and
Page 2, Line 19(IV) Enable real property owners to have an effective means of
Page 2, Line 20safeguarding assets;
Page 2, Line 21(d) Extensive and arduous planning, zoning, permitting, and
Page 2, Line 22variance requirements for these alarm systems could significantly delay
Page 3, Line 1a construction project or lead to injuries near critical infrastructure
Page 3, Line 2equipment; and
Page 3, Line 3(e) There is a need for a statewide standard for the regulation of
Page 3, Line 4these alarm systems, similar to how there are statewide standards for the
Page 3, Line 5regulation of other alarm systems.
Page 3, Line 6SECTION 2. In Colorado Revised Statutes, add article 5.8 to title
Page 3, Line 79 as follows:
Page 3, Line 8ARTICLE 5.8
Page 3, Line 9Electronic Fence Detection Systems
Page 3, Line 109-5.8-101. Definitions.As used in this article 5.8, unless the
Page 3, Line 11context otherwise requires:
Page 3, Line 12(1) "Alarm system" means a new or existing system that
Page 3, Line 13includes one or more monitored devices that can, if there is an
Page 3, Line 14intrusion on real property that is used for business purposes,
Page 3, Line 15transmit a signal to the business, a monitoring company
Page 3, Line 16authorized by the business owner, or law enforcement so that
Page 3, Line 17the business or law enforcement may respond to the intrusion.
Page 3, Line 18(2) "Electronic fence detection system" means a system
Page 3, Line 19that:
Page 3, Line 20(a) Is connected to an alarm system and to integrated
Page 3, Line 21components or equipment;
Page 3, Line 22(b) At the time a fence is installed, has an energizer
Page 3, Line 23powered by a twelve-volt commercial storage battery that
Page 3, Line 24meets the standards set forth by the International
Page 3, Line 25Electrotechnical Commission standard 60335-2-76;
Page 3, Line 26(c) Includes a battery-charged fence detector that, when
Page 3, Line 27contacted, causes the alarm system to transmit a signal to the
Page 4, Line 1business, a monitoring company authorized by the business
Page 4, Line 2owner, or law enforcement;
Page 4, Line 3(d) Is not located on real property that has been
Page 4, Line 4designated by a local government as exclusively for residential
Page 4, Line 5use;
Page 4, Line 6(e) Is located behind a nonelectric perimeter fence or
Page 4, Line 7wall that is not less than five feet in height;
Page 4, Line 8(f) Is the taller of:
Page 4, Line 9(I) Ten feet in height; or
Page 4, Line 10(II) Two feet taller than the height of the nonelectric
Page 4, Line 11perimeter fence or wall; and
Page 4, Line 12(g) Is marked with conspicuous warning signs that are
Page 4, Line 13located on the fence at not more than thirty-foot intervals and
Page 4, Line 14that read: "Warning: Electric Fence".
Page 4, Line 15(3) "Local government" means a statutory or home rule
Page 4, Line 16county, city and county, or city.
Page 4, Line 179-5.8-102. Local regulation - requirements - permits -
Page 4, Line 18inspections. (1) A local government may impose installation or
Page 4, Line 19operational requirements for an electronic fence detection
Page 4, Line 20system consistent with the installation or operational
Page 4, Line 21requirements generally required for other alarm systems.
Page 4, Line 22(2) A local government may require a permit for the
Page 4, Line 23installation or use of an electronic fence detection system if
Page 4, Line 24the permit is not in addition to any permit generally required
Page 4, Line 25for the installation or use of other alarm systems.
Page 4, Line 26(3) A local government may, as part of or in addition to
Page 4, Line 27an inspection that it generally requires for an alarm system,
Page 5, Line 1inspect an electronic fence detection system to verify that the
Page 5, Line 2system has the required characteristics specified in section
Page 5, Line 39-5.8-101 (2).
Page 5, Line 4(4) Notwithstanding any other provision of this section,
Page 5, Line 5a local government may impose less stringent or more stringent
Page 5, Line 6requirements for the installation or operation of an electronic
Page 5, Line 7fence detection system that is located in a residential area or
Page 5, Line 8may prohibit the installation or operation of an electronic
Page 5, Line 9fence detection system in a residential area.
Page 5, Line 10SECTION 3. Act subject to petition - effective date. This act
Page 5, Line 11takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 12ninety-day period after final adjournment of the general assembly; except
Page 5, Line 13that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 14of the state constitution against this act or an item, section, or part of this
Page 5, Line 15act within such period, then the act, item, section, or part will not take
Page 5, Line 16effect unless approved by the people at the general election to be held in
Page 5, Line 17November 2026 and, in such case, will take effect on the date of the
Page 5, Line 18official declaration of the vote thereon by the governor.