Legal Question in Disability Law in California
posted warning signs
Is in violation of any state or federal law to post a sign on private or municipal property warning that a fence is electrified, if it is not electrified, with the intent of preventing property loss due to burglary.
2 Answers from Attorneys
Re: posted warning signs
First of all, it's illegal to set up any kind of automatic system or device to injure burglars - the burglar (or other person) could sue you. I don't know whether posting a bogus sign would be against the law, but it might well attract unwelcome attention. Maybe your sign should say there are hidden TV cameras. And hidden TV cameras can be very tiny, very inexpensive, and viewable through the Internet.
Re: posted warning signs
If you're only posting the sign, but not actually electrifying the fence, you are fine.
If the fence sits on the property line between you and your neighbor, you both have a duty to maintain it (CA Civil Code Section 841), which might give your neighbor standing to reject the proposed signs.
The question for municipalities might be more difficult, so my answer is limited to private persons.
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