By-law Number 42-2025 (Office Consolidated, amended by By-law 45-2026) - Fence By-law — full text

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Office Consolidated Copy Amending By-law #45-2026 "Effective Date Declaration Attached" The Corporation of the Town of Ajax By-Law Number 42-2025 A By-law to prescribe the height and description of lawful fences in the Town and to require the owners of privately owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools. Whereas The Municipal Act, 2001, S.O. 2001, c. 25, as amended allows a municipality to pass by-laws with regard to structures, including fences and signs. And Whereas the Heritage Act R.S.O. 1990. c.O. 18 authorizes Council to pass a By-law prescribing minimum standards for the maintenance of heritage attributes of designated property or properties situated in a heritage conservation district; Now Therefore, the Corporation of the Town of Ajax hereby enacts as follows: 1. Short Title 1.1. This By-law may be cited as the Fence By-law. 2. Definitions 2.1. In this By-law: (a) "Council" means the Council for The Corporation of the Town of Ajax; (b) "corner lot" means a lot situated at the intersection of and abutting upon at least two streets, or provided that the interior angle of the street lines abutting the street is not more than one hundred and thirty-five (135) degrees or a lot having more than one yard fronting on a street. If the street lines abutting the street do not form a vertex the interior angle will be measured at the intersection of the projected tangents of the street lines. (c) "daylighting triangle" means an area of private land on a corner lot, which area is to be determined by measuring from the point of intersection of the street lines, 4.5 metres in a residential zone and 7.5 metres in all other zones along each such street line and joining such points with a straight line. The triangular shaped land between the intersecting street lines and the straight line joining the points at the required distance along the street lines is the "daylighting triangle"; (d) "division fence" means a fence marking the boundary between adjoining parcels of land; (e) "electrical fence" means a fence through which electricity passes; (f) "enclosed" means when the property is enclosed in a way that can be relied on to prevent entry of the general public; (g) "erect" includes alter, construct, place, locate, install or relocate; (h) "expense" means the cost of carrying out the work to be done and an administrative fee as outlined in the Town of Ajax Fees and Charges By- law; (i) "fence" includes but is not limited to a railing, wall, hedge, line of posts, shrubs, wire, gate, boards or other similar items, used to enclose or divide in whole or in part a yard or other land or to establish a property boundary, but does not include a privacy screen; (j) "front lot line" means the lot line that divides the lot from the street, provided that, in the case of a corner lot, the shorter lot line that abuts a street shall be deemed to be the front lot line. Notwithstanding the foregoing, a front lot line may also mean any lot line that is identified, deemed, interpreted or required to be treated as a front lot line pursuant to the Town of Ajax Zoning By-law, being Zoning By-law 95-2003, as amended or replaced from time to time, including through a site-specific zoning exception. (k) "heritage permit" means an authorization or permit issued by the Municipality as per Section 33(1) or 42(1) of the Ontario Heritage Act that provides permission to alter or demolish a designated heritage property; (l) "highway" means the entire right-of-way of a common and public highway, road allowance, street, avenue, parkway, driveway, square, place, viaduct, bridge or trestle, designated and intended for, or used by, the general public for the passage of pedestrians and vehicles under the jurisdiction of the Town or Regional Municipality of Durham; (m) "grade" means the surface of the ground below a fence at each location where a structural support is imbedded in the ground; (n) "invisible safety net" shall mean a black or dark green net made of knotted monofilament nylon mesh or other similar materials, with a 90% or greater porosity, with a spacing between the mesh not to exceed 20mm and a minimum thickness of 1.7mm, primarily used to absorb the impact of a golf ball. The netting shall be constructed in a way to have minimal intrusive visual impact; (o) "lot" shall mean a parcel of land which is only capable of being legally conveyed as a single lot pursuant to section 50 of the Planning Act, R.S.O. 1990, c.P.13; (p) "Officer" means a Municipal Law Enforcement Officer appointed by the Town of Ajax or any Police Officer in the Province of Ontario; (q) "Ontario Heritage Act" means the Ontario Heritage Act, R.S.O 1990, Chapter O.18; (r) "ornamental pond" includes, but is not limited to, any body of water in or above the ground located outdoors on privately-owned property, contained in part or in whole by artificial means, in which the depth of the water at any point can exceed 50 cm, and is used as a decorative feature in a yard, and kept for its' esthetic value rather than a useful purpose; (s) "owner" means the person or persons registered as the owner of a subject property in the most recent municipal tax records and/or in accordance with the records of the land registry office; (t) "Part IV heritage property" means property, including all buildings and structures thereon, which has been designated by the Town of Ajax under section 29 of the Ontario Heritage Act, or which has been designated by the Minister under section 34.5 of the Ontario Heritage Act; (u) "Part V heritage property " means property, including all buildings and structures thereon, located within a heritage conservation district, which has been designated by the Town of Ajax under section 41 of the Ontario Heritage Act; (v) "person" means a natural individual, and their heirs, executors, administrators or other legal representatives, a corporation, partnership or other form of business association or a receiver or mortgagee in possession; (w) "Planning Act" means the Ontario Planning Act, R.S.O.1990. c.P13, as amended; (x) "privately-owned outdoor swimming pool" includes, but is not limited to permanent pools, temporary pools, hot tubs, whirlpools, jaccuzzis, spas, and any other similar device, or any body of water in or above the ground located outdoors on privately-owned property, contained in part or in whole by artificial means, in which the depth of the water at any point can exceed 50 cm, and is used or is capable of being used for swimming, wading or bathing; (y) "privacy screen" shall mean a visual barrier used to shield any part of a yard from view from any adjacent parcel of land or any highway; (z) "rear lot line" means the farthest lot line opposite the front lot line, or in the case of a triangular lot, shall be that point formed by the intersection of the side lot lines; (aa) "side lot line" means a lot line other than a front or rear lot line; (bb) "street line" shall mean the dividing line between a lot and a street; (cc) "swimming pool enclosure" means a fence, wall or other structure including doors and gates, surrounding a privately-owned outdoor swimming pool; (dd) "swimming pool enclosure permit" means a permit issued under this By- law; (ee) "Town" means The Corporation of the Town of Ajax; (ff) "T.R.C.A." means The Toronto and Region Conservation Authority; (gg) "yard" means an open, uncovered space on a lot appurtenant to a building, and; (i) "front yard" means a yard extending across the full width of a lot between the front lot line and front walls of the nearest building or structure on the lot. Notwithstanding the foregoing, a front yard may also mean any yard that is identified, deemed, interpreted, or required to be treated as a front yard pursuant to the Town of Ajax Zoning By-law, being Zoning By-law 95-2003, as amended or replaced from time to time, including through a site-specific zoning exception; (ii) "exterior side yard" means a side yard immediately adjacent to a public street or lane; (iii) "interior side yard" means a side yard other than an exterior side yard; (iv) "rear yard" means a yard extending across the full width of a lot between the rear lot line and the nearest wall or walls of any main building on the lot for which the yard is required; (hh) "side yard" shall mean a yard extending from the front yard to the rear yard between the side lot line and the nearest wall of any building or structure on the lot for which the yard is required; 2.2. For greater certainty, the determination of whether a yard or lot line is a front yard, rear yard, front lot line, or rear lot line for the purposes of this By-law shall be made by reference to the Town of Ajax Zoning By-law, being Zoning By-law 95-2003, as amended or replaced from time to time, including any applicable site-specific zoning exception. 3. Heritage Properties 3.1. No person shall erect, alter, or remove, and no owner shall permit the erection, alteration, or removal of a fence wholly or partially on a Part IV heritage property or a Part V heritage property unless a heritage permit has been issued and all work is completed in accordance with the specifications of the heritage permit, or unless the Town has waived the requirement for a heritage permit in writing. For the purposes of this section a fence partially on a Part IV heritage property or a Part V heritage property includes a division fence located on the boundary between a Part IV heritage property or a Part V heritage property and a property without a Part IV heritage property or Part V heritage property designation. 4. Fencing of Privately-Owned Outdoor Swimming Pools 4.1. No person shall excavate for or erect, or cause to be excavated for or erected, a privately-owned outdoor swimming pool or an ornamental pond without first obtaining a swimming pool enclosure permit in connection therewith from the Town. 4.2. Every application for a swimming pool enclosure permit shall be made in the approved form. 4.3. Every application for a swimming pool enclosure shall be accompanied by: (a) a detailed accurate site plan that illustrates the location of and the setback measurements of the fencing, easements, pool or ornamental pond, and all buildings; (b) any relevant documents required by the Officer; and (c) permit fee in the amount in the most current Town Fees and Charges By- law. 4.4. Any lot within the T.R.C.A screening area must receive T.R.C.A approval in writing prior to submitting the swimming pool enclosure permit application. 4.5. A swimming pool enclosure permit shall not be issued by the Town, unless the swimming pool enclosure application complies with all relevant provisions of this By-law, and the Town may impose any conditions deemed appropriate for the permit. 5. Swimming Pool Enclosure 5.1. Every owner of a privately-owned outdoor swimming pool or an ornamental pond shall erect and maintain, or cause to be erected and maintained, a swimming pool enclosure completely around the privately-owned outdoor swimming pool or ornamental pond, which enclosure; (a) shall extend from the ground to a height, measured on the outside of the enclosure, of not less than 1.5 m., including gates therein; (b) shall be constructed of; (i) chain-link not greater than 40mm diamond mesh, and galvanized steel wire not less than 2.680mm diameter (11 gauge); or (ii) vertical board on board; or (iii) wrought iron fencing with at least 1 meter between horizontal members and with no greater than 10 centimetres of spacing between vertical bars; or (iv) a combination thereof as provided in this By-law or such other material design or construction as will provide an equivalent degree of safety and which is approved in writing by the issuance of a swimming pool enclosure permit; (c) may incorporate all or a portion of the wall of a building, but no entrances to the pool area shall be permitted through such wall unless the entrance is set back a minimum distance of 1.8 m from the water's edge of the swimming pool; (d) may incorporate one or more gates of equivalent material and construction as the swimming pool enclosure and every such gate shall not be less than 1.5 m in height, be supported on substantial hinges, be self-closing and equipped with self-latching devices placed on the inside of the gate at or near the top; such gates shall be closed and locked at all times when a responsible person is not present and supervising the swimming pool; (e) shall not include self-latching devices with any quick release device that permits the gate to be opened from outside of the enclosure; (f) shall be located not less than 1.2m from the water's edge and in the case of an above ground systems pool with a deck and a fence forming part of the system, the waters edge may be as close as .5m to the fence portion of the system; (g) shall have no rails or other horizontal or diagonal bracing or attachments on the outside that would facilitate climbing; (h) shall not include the main entrance to the building within the enclosure; (i) shall be constructed in such a manner that a space of not more than 10 cm shall be permitted at any point between the bottom of the fence and the ground. 5.2. No person shall place water in or cause water to be placed in a privately-owned outdoor swimming pool, or an ornamental pond, or allow water to remain therein, until such time as the swimming pool enclosure as prescribed by this By-law has been erected completely around the swimming pool or ornamental pond. 6. Ornamental Ponds 6.1. Every owner of a privately-owned ornamental pond must meet the same requirements as required in section 4 and section 5 for a swimming pool enclosure. 7. Fences on Residential Property 7.1. No person shall erect or cause to be erected in a side yard or rear yard on any residential property a fence which is higher than 2 metres above grade. 7.2. No person shall erect or cause to be erected in a front yard on any residential property a fence which is higher than 1 meter above grade. 7.3. Section 7.1 shall not apply where the fence is; (a) erected and used to enclose or delineate an area required for and lawfully used as a tennis court, provided the fence is of chain link construction; (b) a noise control barrier erected by or as a requirement of a government agency acting pursuant to statutory authority; (c) located on land abutting land used for industrial or commercial purposes, railway right of way or utility installations when the abutting owner is responsible for the construction and/or maintenance of the fence; or (d) an invisible safety net, as approved in writing by the Town to determine structural stability, solely located on the owner's property, on any property abutting or located within 25metres of a golf course, constructed for the purposes of the personal protection of persons and/or property. 7.4. Where a rear yard of a lot is adjacent to the front yard of another lot, Section 7.1 shall apply. 7.5. Where the front yard depths of two abutting residentially zoned properties vary, the front yard shall be determined by the abutting property with the lesser front yard depth, for the purpose of establishing the maximum permitted fence height in accordance with sections 7.1 and 7.2. 7.6. In the case of a corner lot where the larger usable yard is located in the interior side yard rather than the rear yard, as defined herein, a fence on that portion of the front yard adjacent to the interior side yard may be 2 metres above grade in height. 7.7. No owner shall place any materials or articles against or near the outside of a swimming pool enclosure that may facilitate climbing the enclosure, unless the owner's yard is enclosed with fencing that complies with provisions in Section 5.1. 8. Privacy Screen 8.1. No person shall erect, or cause to be erected, a privacy screen in a front yard. 8.2. No person shall erect, or cause to be erected, a privacy screen in a side or rear yard except in accordance with the following provisions; (a) the privacy screen is located at least 0.6 metres from any side or rear lot line; (b) the privacy screen is no more than 2.5 metres above grade; and (c) the collective total of all the privacy screens within the property is no more than 6 metres in length. 9. Fences in Zones Other Than Residential 9.1. No person shall erect or cause to be erected in a side or rear yard in any zone, except a residential zone, a fence which is higher than 2 metres or constructed of any materials outside of; (a) chain-link and galvanized steel wire; or (b) wooden board; or (c) wrought iron fencing with no greater than 10 centimetres of spacing between vertical bars; or (d) any combination thereof without first having applied for and receiving a Site Plan Approval or a Site Plan Amendment pursuant to the Planning Act, from the Town. 9.2. No person shall erect or cause to be erected in a front yard in any zone, except a residential zone, a fence which is higher than 1 meter or constructed of any materials outside of; (a) chain-link and galvanized steel wire; or (b) wooden board; or (c) wrought iron fencing with no greater than 10 centimetres of spacing between vertical bars; or (d) any combination thereof without first having applied for and receiving a Site Plan Approval or a Site Plan Amendment pursuant to the Planning Act from the Town. 10. Daylighting Triangles 10.1. No person shall erect or cause to be erected any fence within a daylighting triangle or in any location which obstructs the vision of motorists or pedestrians either when leaving a highway or entering a highway from another highway or driveway or of any traffic sign or control device or which for any other reason constitutes a hazard. 11. Highways and Other Public Lands 11.1. A fence separating land owned by the Town, except for any land that constitutes a public highway, including land abutting a public highway that is held as a reserve by the Town or other public authority to separate land from the highway, or to land that is being held by the Town or other public authority as an unopened road allowance or for future public highway purposes, shall be constructed in accordance with the specifications contained in the Town of Ajax Engineering Design Criteria and Standard Drawings Manual. (Schedule "A"). 11.2. No person shall and no owner shall permit to be altered, an existing division fence which separates lands owned by, or under the control of, or managed by the Town, by lease, agreement or otherwise, without following the Town's Work Instruction for the Installation, Repair or Replacing of Fences Abutting Private Property as administered by the Town's Operations and Environmental Services Department. 11.3. No person shall erect or maintain, or permit to be erected or maintained, a fence wholly on any lands under the ownership of the Town, including a highway. 11.4. A fence erected as a noise control or attenuation barrier shall be maintained by the owner of the land on which the fence is erected and shall be of the same construction, provided the material is available. In the event the material is no longer available an equivalent material will be utilized. If the barrier abuts land owned by or under the control of the Town, the Town shall not be required to maintain the barrier or incur any costs with respect to the maintenance of the barrier. 12. Maintenance 12.1. The owner of the land on which a fence, swimming pool enclosure, privacy screen or invisible safety net is erected shall maintain such fence, swimming pool enclosure, privacy screen or invisible safety net in a good state of repair. 12.2. For the purposes of this By-law "good state of repair" shall mean; (a) the fence, swimming pool enclosure, privacy screen, or invisible safety net is complete and in a structurally sound condition and plumb and securely anchored; (b) protected by weather-resistant materials; (c) fence, swimming pool enclosure, privacy screen, or invisible safety net components are not broken, rusted, rotten or in a hazardous condition; (d) all stained or painted fences, swimming pool enclosures, privacy screens, or invisible safety net are maintained free of peeling paint or stain; and (e) that the fence, swimming pool enclosure, privacy screen, or invisible safety net does not present an unsightly appearance, deleterious to abutting land or to the neighbourhood. 12.3. Whenever a fence, including a noise barrier, has been required or regulated by the Town or other public authority, through a plan of subdivision, plan of condominium or site plan agreement, as a condition of development or redevelopment, such features shall be maintained, without alteration, in a good state of repair, by the owner, so as to ensure continuous compliance with the Town's or other public authority's requirements. 13. Hazardous Fences 13.1. No person shall erect or cause to be erected a fence containing barbed wire or razor wire or any other hazardous materials, on any lands with the exception of lands located within a Prestige Employment or General Employment zone as defined in any Zoning By-law of the Town, without first having applied for and receiving a Site Plan Approval or a Site Plan Amendment pursuant to the Planning Act from the Town. 13.2. No person shall erect or cause to be erected an electrical fence, except a fence used for the containment of animals in connection with a farming operation, without first having applied for and receiving a Site Plan Approval or a Site Plan Amendment pursuant to the Planning Act from the Town. 14. Work Order 14.1. If an Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an order, known as a Work Order, requiring the person who contravened the By-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do work to correct the contravention. 14.2. A Work Order shall set out; (a) The location of the land where the contravention occurred; and (b) Reasonable particulars of the contravention and of the work to be done; and (c) The date by which the work must be done; and (d) Notification that if the work is not done by the deadline, the municipality may have the work done at the expense of the owner and the expense may be recovered by way of an additional to the tax roll and collection occurring in the same manner as municipal taxes. 14.3. A Work Order may be served; (a) personally to whom it is directed; (b) by regular mail to the last known address of the person; (c) by registered mail to the last known address of the person; or (d) by placarding the Work Order on the property it pertains to. 14.4. If a Work Order is served personally or by way of placarding at the property service is deemed to have occurred on the date of the personal service or the placarding. 14.5. If a Work Order is served via regular or registered mail service is deemed to have occurred 3 business days after the day it was sent. 15. Administration and Enforcement 15.1. The Municipal Law Enforcement Officer shall be responsible for the administration and enforcement of the By-law. 15.2. Any person who the provisions of this By-law, including every person who fails to perform a duty imposed herein or who performs an act prohibited herein and every director or officer of the corporation is liable to an administrative monetary penalty and fees, pursuant to the Town's Administrative Monetary Penalty System By-law, for offences that are designated, or is guilty of an offence, for any contravention, and upon conviction is liable to a fine or penalty for each offence, exclusive of costs as prescribed by the Provincial Offences Act, R.S.O. 1990, c. P.33. No person that receives an administrative penalty shall be charged with an offence under the Provincial Offences Act, R.S.O. 1990 for the same contravention and date of contravention. 15.3. Any owner or any person who fails to comply with a Work Order is liable to administrative penalty or fine or penalty for each offence, exclusive of costs, in accordance with section 15.2 of this By-law. 15.4. If a person fails to comply with a Work Order the Town may, with its servants or agents enter upon the property and affect such compliance at the expense of the defaulting person, and may recover the cost by adding the expense to the tax roll and collecting it in the same manner as municipal taxes. The expense in relation to a division fence shall be determined in accordance with the Town of Ajax Fence Cost Sharing By-law. 15.5. Where any person contravenes a section of this By-law the Town may, with its servants or agents, enter upon any Town owned lands or road allowance, without notice and effect compliance, at the expense of the defaulting person, and may recover the cost by adding the expense to the tax roll and collecting it in the same manner as municipal taxes. 15.6. In the event any part or provision of this By-law is held invalid, the remainder of the By-law shall continue in force. 15.7. Where there is a conflict between this By-law and any other by-law of the Town, the provisions of this By-law shall prevail. 16. Effective Date and Repeal 16.1. This by-law shall come into force and effect when the Town has completed all legislated requirements as identified in the Municipal Act, 2001, S.O. 2001, c. 25, and all regulations associated with an Administrative Monetary Penalty System and the Town's Deputy Chief Administrative Officer has designated a commencement date. 16.2. Upon the effective date of this By-law, By-law #28-2018 and any amending by- laws thereto, are hereby repealed, subject to section 16.3. 16.3. By-laws #28-2018 and any amending by-laws thereto shall apply and will continue to apply to any enforcement proceedings which had been initiated prior to this By-law coming into force and then only until such enforcement proceedings have been concluded. Read a first and second time this Twentieth day of May, 2025 Read a third time and passed this Twentieth day of May, 2025 Shaun Collier Mayor and CEO Jaclyn Grossi Clerk Schedule "A" A by-law to prescribe heights and descriptions of lawful fences and to require the owners of privately owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools. 1.1 Specifications for a Chain Link Security Fence as contained in the Town of Ajax Engineering Design Criteria and Standard Drawings Manual. 1.2 Specifications for a Wood Privacy Fence as contained in the Town of Ajax Engineering Design Criteria and Standard Drawings Manual. Corporate Services Tel. 905-683-4550 Fax. 905-683-1061 TOWN OF AJAX 65 Harwood Avenue South Ajax ON L1S 2H9 www.ajax.ca Jaclyn Grossi Municipal Clerk Corporate Services Town of Ajax July 14, 2025 By-law Effective Date Commencement Pursuant to the effective date sections contained within the following By-laws, adopted by Council of the Corporation of The Town of Ajax, I, Nicole Cooper, Deputy Chief Administrative Officer for the Town of Ajax, do hereby declare the effective date of these By-laws to be July 28th, 2025: By-law # 31-2025 Administrative Monetary By-law By-law # 38-2025 Clean and Clear By-law By-law # 39-2025 Clean Community By-law By-law # 40-2025 Dog and Cat By-law By-law # 41-2025 Election Sign By-law - By-law # 42-2025 Fence By-law By-law # 43-3025 Fireworks By-law By-law # 44-2025 Noise By-law By-law # 45-2025 Parks By-law By-law # 46-2025 Public Nuisance and Safety By-law By-law # 47-2025 Refreshment Vehicle By-law By-law # 48-2025 Road Occupancy By-law By-law # 49-2025 Temporary Sign By-law A certified copy of this declaration shall be attached to each of these By-laws within the Town's records, for perpetuity. Nicole Cooper Deputy Chief Administrative Officer Town of Ajax