passed ordinance

Amend Electric Fences Code to comply with House Bill 4027 and Oregon Revised Statute 195.870 related to certain nonresidential alarm systems and battery-charged fences and add requirements for the installation of battery-operated electric fences (amend Code Section 26.03.110)

infrastructure utilities
land use
code amendment

Department: Permitting & Development
Introduced by: Former Mayor Ted Wheeler
Status: Passed

Impact statement

Purpose & background

Portland Permitting & Development (PP&D) administers Portland City Code (PCC) Title 26, Electrical Regulations. The Oregon State legislature enacted HB 4027 in 2021, which amended ORS 195 to add Section 195.870 Battery-charged fence: preemption of local laws. ORS 195.870 limits local government regulations on certain nonresidential alarm systems and battery-charged fences. Due to details included in ORS 195.870, PP&D seeks to amend the provisions in Title 26 that regulate electric fences to reflect adopted state legislation. To comply with ORS 195.870, PP&D needs to clarify the provisions in Title 26 that regulate hard-wired electric fences, as well as address new requirements for the installation of battery-charged electric fences. These amendments are intended to align Portland City Code Title 26 with state-approved requirements.

Financial impacts

This ordinance has no budgetary impacts and would not impact staffing levels. Any changes in work resulting from this ordinance is expected to be performed using existing resources.

Community impacts

No community involvement was conducted in the development of this ordinance.

▸ Full text (the legislation as adopted)

The City of Portland ordains: Section 1. The City Council finds: Portland Permitting & Development (PP&D) promotes safety, livability, and economic vitality through efficient and collaborative application of building and development codes. PP&D administers Portland City Code (PCC) Title 26, Electrical Regulations, which outlines the requirements for electrical fences. In 2021, the Oregon State legislature enacted HB 4027 which amended ORS 195.870 to limit local government regulations on certain nonresidential alarm systems and battery-charged fences. A battery-charged fence is a fence that is connected to an alarm system to summon the police and delivers an electrical charge on contact, which is energized by a battery. Consequently, PP&D seeks to amend the provisions in Title 26 that regulate electric fences. Proposed amendments clarify the differing requirements for hardwired and battery-operated electric fences, and refine existing language related to hardwired installations. Per ORS 195.870, PP&D is adding new requirements specifically for the installation of battery-charged electric fences to Title 26. These amendments align Title 26 content and language with ORS 195.870, revising the scope of this section to include battery-charged fence allowances, as required. NOW, THEREFORE, the Council directs: Amend City Code Section 26.03.110 as shown in Exhibit A.

Tally

4 yea 0 nay 1 other