SUBSTITUTE ORDINANCE NO. BL2017-688

An ordinance amending section 16.04.200 of the Metropolitan Code of Laws to permit the construction and use of electric fences pursuant to certain standards.

WHEREAS, the current Metropolitan Code of Laws expressly prohibits the use of electric fences in all zoning districts, except in instances involving the keeping of domestic animals and wildlife in certain zoning districts; and

WHEREAS, electric fencing has been approved on an individual basis by the Metropolitan Government Fire and Building Codes Appeal Board for use in industrially zoned businesses, providing a safe and effective means of securing inventory, equipment and other valuables.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Section 16.04.200 of the Metropolitan Code of Laws is amended by deleting subsection A thereof in its entirety and substituting the following in lieu thereof:

16.04.200 - Fences.

Fences shall be constructed in accordance with the requirements of this code. The location and height of fences shall be controlled by the metropolitan zoning regulations, except for the following additional requirements.

A. Electric fences are permitted only if compliant with the following requirements:

1. In all AG, AR2a, RS80, RS40, RS30, RS20, R80, R40, R30, and R20 zoning districts, electric fences are permitted if the property satisfies all of the requirements of Section 17.16.330B. of the metropolitan zoning code regarding the keeping of domestic animals/wildlife on the property and all necessary permits have been issued; or

2. In all non-residential zoning districts, the construction and use of electric fences are permitted, subject to the following standards:

a. Electrification:

(i) The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However the solar panel may be augmented by a commercial trickle charger.

(ii) 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 International Electro technical Commission (IEC) Standard No. 60335-2-76, attached hereto as an Exhibit.

b. Perimeter fence or wall: No electric fence shall be installed or used unless completely surrounded by a non-electrical fence or wall not less than six feet (6’) in height.

c. Location: Electric fences shall be permitted on any non-residential outdoor storage areas.

d. Height: Electric fences shall not exceed the maximum height permitted by Title 17 of the Metro Code of Laws have a minimum height of then feet (10’) .

e. Warning signs: Electric fences shall be clearly identified with warning signs that read: "Warning-Electric Fence" at intervals of not less than thirty linear feet (30’).

f. Accessibility: A Knox Box or similar device used to hold access keys for fire departments, police departments and emergency medical services shall be installed for purposes of minimizing damage and to allow access to the enclosed area. Installation may be subject to the oversight and direction of the Nashville Fire Department.

Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Robert Swope

View Exhibit

AMENDMENT NO. 1
TO
SUBSTITUTE ORDINANCE NO. BL2017-688

 

Mr. President  –

I move to amend Substitute Ordinance No. BL2017-688 as follows:

I.  By amending Section 1 by deleting the following language:

16.04.200 - Fences.

Fences shall be constructed in accordance with the requirements of this code. The location and height of fences shall be controlled by the metropolitan zoning regulations, except for the following additional requirements. 

Sponsored by: Robert Swope

LEGISLATIVE HISTORY

Introduced: April 18, 2017
Passed First Reading: April 18, 2017
Referred to: Codes, Fair, and Farmer's Market Committee
Planning, Zoning, and Historical Committee
Deferred: May 2, 2017
Deferred: May 16, 2017
Substitute Introduced: June 6, 2017
Deferred Indefinitely by Rule 23: June 6, 2017
Placed back on agenda for: November 7, 2017
Deferred: November 7, 2017
Amended: November 21, 2017
Passed Second Reading: November 21, 2017
Passed Third Reading:  
Approved:  
By:  
Next Consideration: December 5, 2017

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.