(A) As used in this section:
(1) "Alarm system" means a device or system that transmits a signal intended to summon law enforcement to a county, township, or municipal corporation in response to an alleged violation of an offense under Chapter 2911. of the Revised Code occurring in a nonresidential zone of the applicable county, township, or municipal corporation. The term includes an alarm that emits an audible signal on the exterior of a structure. The term does not include an alarm installed on a vehicle or an alarm designed to alert only the inhabitants within the premises. The term includes an alarm system for which a permit may be issued under any applicable section of the Revised Code or Ohio Constitution.
(2) "Battery-charged fence" means a system, including integrated components or equipment, that satisfies all of the following:
(a) Functions with a battery-operated energizer that is intended to periodically deliver voltage impulses to the system with an impulse repetition rate that does not exceed one hertz and an impulse duration that does not exceed ten milliseconds;
(b) Exclusively uses a battery charging device to charge the battery;
(c) Interfaces with a monitored alarm system;
(d) Has a battery-operated energizer that is powered by a commercial storage battery that is not more than twelve volts of direct current;
(e) Is four to twelve inches behind a non-battery-charged perimeter fence, wall, or structure that is not less than five feet in height;
(f) Is ten feet in height, or two feet higher than the height of the non-battery-charged perimeter fence, wall, or structure, whichever is higher;
(g) Is marked with conspicuous warning signs that are located on the battery-charged fence at not more than thirty-foot intervals and that read: "WARNING-SHOCK HAZARD" or a similar warning message.
(3) "Permit" means a certificate, license, permit, or other form of permission that authorizes a person to engage in an action.
(B) Subject to division (D) of this section, a person may install, operate, and use a battery-charged fence on private, nonresidential property within a county, township, or municipal corporation.
(C) Division (B) of this section does not apply to any of the following fences, regardless of whether such fences are battery-charged fences under division (A)(2) of this section:
(1) Fences that are required to be constructed by persons or corporations owning, controlling, or managing a railroad pursuant to Chapter 4959. of the Revised Code;
(2) Partition fences constructed in accordance with Chapter 971. of the Revised Code;
(3) Fences constructed or installed by the state or a political subdivision, or by the federal government;
(4) Fences installed at a facility that is an accredited member of the association of zoos and aquariums or the zoological association of America and that is licensed by the United States department of agriculture under the federal animal welfare act;
(5) Fences installed at a wildlife sanctuary;
(6) Fences constructed and used for agricultural purposes, as agriculture is defined in either section303.01or519.01of the Revised Code.
(D) A county, township, or municipal corporation may adopt and enforce an ordinance, order, resolution, or regulation that does any of the following:
(1) Imposes installation, operational, or use requirements for battery-charged fences in nonresidential properties that do not expressly, implicitly, or functionally prohibit the installation, operation, or use of such fences, as authorized under division (B) of this section;
(2) Requires a permit or fee for the installation, operation, or use of a battery-charged fence to which this section applies in accordance with a permit or fee for an alarm system issued or charged by the county, township, or municipal corporation;
(3) Completely prohibits or imposes generally applicable requirements on the installation, operation, or use of a non-battery-charged perimeter fence, wall, or structure or any system that does not constitute a battery-charged fence under division (A)(2) of this section in a nonresidential zone.
Last updated August 13, 2025 at 11:36 AM