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Electrified fence sparks review of rules

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By KATHY STEELE

ksteele@tampatrib.com

Published: November 4, 2009

TAMPA - When the city council recently approved an electrified security fence at a Nebraska Avenue tire shop, the decision set off alarm bells.

"I don't want to see our main boulevards lined with barbed wire or electric fences," said Councilman John Dingfelder. He reluctantly voted last month to allow the electrified fence at Sunshine Tires. However, he said, "I felt like from a due process perspective, if the ordinance is vague and they meet it I can't jump on them and say do more."

Dingfelder asked the city's land-use staff to take another look at the ordinance. One amendment already is on the table for a Dec. 10 workshop. It states that evidence of a security need "may include but not be limited to documented criminal reports."

The existing code, which governs barbed, electrified and razor wire fences, requires petitioners to demonstrate a security need but does not say how that should be done.

Tampa's code was rewritten two years ago after representatives of South Carolina-based Electric Guard Dog submitted an amendment to permit the fences citywide. A slew of code enforcement citations had been issued to the company's customers for violating a city code that restricted electrified fences to agricultural land.

The city's land-use staff did not favor wider use of the fences. But after packed public hearings, the council agreed the fences should be treated similar to barbed and razor wire and be permitted in industrial zones and in some commercial zones with variance review board approval.

"We definitely need to crisp up the language," said Councilwoman Linda Saul-Sena. Such fences can harm neighborhoods by giving the impression there is a crime problem. "It brings down the whole redevelopment area," Saul-Sena said.

Variance review board members voted against an electrified fence at Sunshine Tires, saying they were not convinced by sketchy data from police logs of service calls rather than criminal reports. They also queried the owner on whether he first tried alarms and guard dogs, and they worried about the shop's proximity to city-owned Cheney Park.

"I don't think it should be next to a public park," Dingfelder said, "but the ordinance doesn't say that."

Community activist Pete Johnson said the council, in overturning the variance review board, took the word of the owner that he had a problem. "City council didn't do its due diligence," he said. "What other businesses now can they say 'no' to?"

For now, Electric Guard Dog has not seen an increase in fence requests, said CEO Jack DeMao. But, he said, "People call us all the time."

His company serves about 2,500 businesses nationwide, he said. Electric Guard Dog started in the 1970s hiring out guard dogs. The theft of about 70 dogs at their company site prompted the installation of an electrified fence in 1991 and a shift away from dogs, which DeMao said have liability issues.

The electrified fence, which Electric Guard Dog powers with solar panels, "is not dangerous, not harmful. It is just uncomfortable," DeMao said.

The thin strands are on poles set up behind a perimeter fence. They emit a 12-volt shock when touched.

"A lot of businesses are having a hard time staying in business. Thievery and vandalism is enough to put them over the edge," DeMao said.

When it comes to open storage of inventory, he said, "Bad guys see dollar bills stacked on the ground."

Reporter Kathy Steele can be reached at (813) 259-7652.

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