HomeMy WebLinkAboutMC-1374 Adopted: July 2, 2012
Effective: August 1, 2012
I ORDINANCE NO. MC-1374
2 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AMENDING SAN BERNARDINO DEVELOPMENT CODE SECTION
19.20.030(8) TO ALLOW THE USE OF ELECTRIFIED FENCING AS AN APPROVED
a FENCING MATERIAL.
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6 WHEREAS, concerns have been raised by business owners in the City about break-ins and theft
7 of property, particularly when stored outside; and
s WHEREAS, the current Development Code currently prohibits the use of electrified fencing as
9 an approved fencing material except for agricultural uses if approved by the Director; and
to WHEREAS, an amendment to San Bernardino Development Code Section 19.20.030(8) will
11 allow the use of electrified fencing in conjunction with other on-site fencing to provide for enhanced
tz property security; and
13 WHEREAS, on May 23, 2012, the Planning Commission of the City of San Bernardino held a
la noticed public hearing to consider public testimony and the staff report and recommended that
Is electrified fencing be considered as an acceptable fencing material; and
16 WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of
n the proposed Ordinance was published in The Sun newspaper on June 8, 2012.
18 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
t9 BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that the above-stated Recitals are true and
21 hereby adopt and incorporate them herein.
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SECTION 2. Findings of Fact.
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24 A. The Ordinance amending the Development Code is consistent with the General Plan of
25 the City of San Bernardino. The proposed amendment implements Land Use Policy 2.8.3 by allowing
26 the use of electric fences and an acceptable type of fencing, which will help improve safety by deterring
theft and trespass of private property.
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B. The proposed Ordinance amending the Development Code will not be detrimental to the
28 public interest, health, safety, convenience or welfare of the City. The proposed amendment will
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MC-1374
1 provide an additional measure of security for private property by allowing the use of electric fencing as
2 a deterrent to trespassers and theft.
3 SECTION 3. San Bernardino Development Code Section 19.20.030(8)(C)(1) and Table 20.01
4 Section 2 are hereby amended, and Section 19.20.030(8)(F) is hereby added, all to read as shown in
5 Exhibit A, attached and incorporated herein.
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SECTION 4. Compliance with the California Environmental Quality Act: The Mayor and
7 Common Council finds that the proposed Ordinance amending Section 19.20.030(8) of the Development
8 Code is exempt from the California Environmental Quality Act (CEQA) pursuant to Section
9 15061(b)(3) of the CEQA Guidelines, as an action that will not result in a direct or reasonably
10 foreseeable indirect physical change in the environment.
11 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase
12 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective
13 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
14 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
15 declares that it would have adopted each section irrespective of the fact that any one or more
subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
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ineffective.
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MC-1374
1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AMENDING SAN BERNARDINO DEVELOPMENT CODE SECTION
19.20.030(8) TO ALLOW THE USE OF ELECTRIFIED FENCING AS AN APPROVED
3 FENCING MATERIAL.
4
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s I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a Joint regul4fieeting thereof,held on the 2nd day
of .ruin 2012, by the following vote to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ x
t t JENKINS x
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VALDIVIA x SHORETT x
13 KELLEY x
14 JOHNSON x
15 MC CAMMACK x
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17
GeorgeaWn Hanna,(City Clerk
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19 The foregoing Ordinance is hereby approved this day of July 2012.
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22 P CK MORRIS, Mayo
23 Approved as to form:
JAMES F. PENMAN
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City Attorney
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26 By
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MC-1374
EXHIBIT A
CHAPTER 19.20
PROPERTY DEVELOPMENT STANDARDS
19.20.030
8. FENCES AND WALLS
C. PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING
1. The use of barbed wire or razor wire fence in conjunction with any other
fence, wall, roof, or by itself within any land use district, is prohibited
unless required by any law or regulation of the City, the State of
California, Federal Government, or agency thereof.
TABLE 20.01
FENCES AND WALLS
HEIGHT AND TYPE LIMITS
2. Commercial. Industrial and Institutional
Front yard or side of street yard 2'6" Solid structures
6' Open work structures
Abutting residential district 8' Solid, decorative masonry wall
Other yard area 8'
Outdoor storage areas visible 10' Commercial
From public rights-of-way(located 12' Industrial
Behind required yards
Electric fences(located behind a
primary fence)
within a setback area 10' Commercial/Industrial
outside the setback area 16' Industrial
19.20.030(8)
F. ELECTRIC FENCES
I. Permit Required. No electric fence shall be installed or used unless a
Fence Permit has been applied for and obtained from the Community
Development Department.
2. Type of Electric Fences Allowed. The construction and use of electric
fences shall be allowed in the City only as provided in this section and
subject to the following standards:
a. IEC Standards 60335-2-76: Unless otherwise specified herein,
electric fences shall be constructed or installed in conformance
MC-1374
EXHIBIT A
with the specifications set forth in International Electrotechnical
Commission(IEC) Standard No. 60335-2-76.
b. Electrification:
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(1) The energizer for electric fences must be driven by a
commercial storage battery not to exceed 12 volts DC.
(2) The electric charge produced by the fence upon contact shall
not exceed energizer characteristics set forth in paragraph 22.108
and depicted in Figure 102 of IEC Standard No. 60335-2-76.
3. Conditions for Installation.
a. Perimeter Fence or Wall: No electric fence shall be installed or
used unless it is completely surrounded by a non-electrical fence or
wall that is not less than six feet high.
b. Location: Electric fences shall be permitted only in non-residential
zones and only in locations approved by the Community
Development Department.
C. Height: Electric fences shall not have a height in excess of 10 feet
in commercial and industrial setback areas and shall not have a
height in excess of 16 feet outside of the setback areas on industrial
properties.
d. Warning Signs: Electric fences shall be clearly identified with
warning signs prepared in English and Spanish that read:
"Warning-Electric Fence"at intervals of not less than 60 feet.
e. "Knox Box": A "Knox Box Electrical Shunt Switch" and a"Knox
Box" or other similar approved device shall be installed for
emergency access of Police and Fire Departments.
4. Indemnification. All applicants issued permits to install or use an electric
fence as provided in this Chapter shall agree, as a condition of permit
issuance, to defend, indemnify and hold harmless the City of San
Bernardino and its agents, officers, consultants, independent contractors
and employees from any and all claims, actions or proceedings arising out
of any personal injury, including death, or property damage caused by the
electric fence.
5. Emergency Access. In the event that access by the City of San Bernardino
Fire Department and/or Police Department personnel to a property where a
permitted electric fence has been installed and is operating, is required due
MC-1374
EXHIBIT A
to an emergency or urgent circumstances, and the Knox Box or other
similar approved device referred to in this Chapter is absent or non-
functional, and an owner, manager, employee, custodian or any other
person with control over the property is not present to disable the electric
fence, the fire or police personnel shall be authorized to disable the
electric fence in order to gain access to the property. As a condition of
permit issuance, all applicants issued permits to install or use an electric
fence as provided in this Chapter shall agree in writing to waive any and
all claims for damages to the electric fence against the City of San
Bernardino and/or its personnel under such circumstances.
6. Violation; Misdemeanor. It shall be unlawful, and a misdemeanor, for any
person to install, maintain or operate an electric fence in violation of this
Chapter.
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