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THE CORPORATION OF THE TOWN OF WALKERTON
BY-LAW NUMBER 86-18
A BY-LAW TO PRESCRIBE THE HEIGHT AND DESCRIPTION OF
AND THE MANNER OF ERECTING AND MAINTAINING FENCES
WITHIN THE LIMITS OF THE TOWN OF WALKERTON.
WHEREAS pursuant to Paragraphs 18, 19, 20, 21, 22 and 23 of Subsection 1
of Section 210 of The Ontario Municipal Act, R.S.O. 1980, Chapter 302, as amended,
a local municipality may pass by-laws, may regulate and control the manner of
erecting and maintaining of fences within the limits of the municipality;
AND WHEREAS the Council of the Corporation of the Town of Wa 1 kerton
deems it advisable to pass such a by-law;
NOW THEREFORE the Council of the Corporation of the Town of Walkerton
ENACTS as follows:
1. Definitions:
For the purpose of this by-law:
( 1)
Approved Fencing Material shall mean new or good quality used, wood,
cedar rail, metal or man-made sheets, poles, or mesh or any other material
approved by the Building Inspector for fence construction.
(2)
Building Inspector shall mean the Building Inspector for the Town of
Walkerton.
(3).
Dwelling shall mean dwelling house as defined by By-law 84-41 of the
Town of Walkerton and shall include all definitions of dwelling unit and
dwelling house contained in Section 4 of By-law 84-41.
(4) ·Zoning By-Law shall mean By-Law 84-41 of the Town of Walkerton as amended
or may be amended from time to time.
2.
Compliance:
Any person erecting or constructing a fence after the passing
of this By-law in the Town of Walkerton shall construct the fence in accordance
with the provisions of this By-law.
3.
Boundary Fences:
(1)
Definitions:
(a)
Adjoining Land Owner shall mean the registered land owner of the
land adjoining the boundary or lot line on which a land owner erects
a boundary fence.
(b)
Boundary Fence shall mean any fence, wall
(other than the wall
of a building) or other barrier of any construction or kind whatsoever
and shall include hedges and plantings of any trees, bushes, shrubs
or other plant material of any kind located on or immediately adjacent
to the boundary or 1 ot 1 i ne of any pa rce 1 of 1 and or part thereof from
any other parcel of land or part thereof.
(c)
Building Line shall mean building line as defined in and established
by the zoning by-law.
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(d)
land
Owner shall
mean
any person
erecting, constructing,
or
permitting to be erected or constructed a boundary fence for the purpose
of separating property owned or occupied by him from adjoining property.
For the purpose of this By-law land owner shall be deemed to include
any person who occupies land with the authority, expressed or otherwise,
of the registered owner of the land.
(e)
lot line shall mean lot line as defined and established by the
Zoning By-law and shall include rear and side lot line.
(2)
A land owner erecting a boundary fence on the lot line shall obtain
the consent of the adjoining land owner to the erection of the boundary fence
on the lot line.
(3)
A land owner erecting a boundary fence shall erect the boundary fence
in accordance with the following standards:
(a)
The fence shall be constructed of approved fencing material.
(b)
Fences behind building line:
(i)
Solid construction shall be of a height not exceeding five
feet (1.5 meters) except in an industrial zone as designated in
the Zoning By-1 aw where height sha 11 not exceed seven feet ( 2. 1
meters).
(ii) Not of a solid construction shall be of a height not exceeding
six feet (2 meters) except. in an industrial zone as designated
in the Zoning By-law where the height shall not exceed seven feet
· (2.1 meters).
(c)
Fences in front of building line shall not be of solid construction
and shall have a height not exceeding three feet (0.9 meters).
(4)
If a land owner proposes to erect a boundary fence and the sides of
the boundary fence are of unequa 1 appea ranee, the adjoining land owner sha 11
have the right to decide which side of the fence faces his property.
(5)
When a land owner and an adjacent land owner are unable to reach agreement
on any matter or item in this section, the parties may refer the issue to
the Building Inspector whose decision shall be final.
No costs shall be
incurred
by the Building Inspector pursuant to this subsection without
agreement in writing between the parties as to payment of costs.
4.
Privacy Fences:
(1) Definitions:
(a)
Privacy fence sha 11 mean any fence, the apparent purpose of which
is to shield an area from adjoining property.
(2) A person erecting a privacy fence shall erect the fence in accordance
with the following standards:
{a)
The fence shall be constructed of approved fencing material.
(b)
The fence shall be located behind the building line.
(c)
The fence shall not encroach into the minimum side yard as prescribed
by the Zoning By-1 aw and the extension of such side yard into the front
yard, as defined by the Zoning By-law to the building line.
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(d)
The fence shall not come within two feet (0.6 meters) of any boundary
or lot line.
(e)
The fence shall not exceed a height of eight feet (2.4 meters).
5.
Protection Fences:
(1)
Definition:
Protection fence shall mean any fence erected for the purpose
of security or· protection and which encloses a parcel of land or part thereof.
(2)
A land owner erecting a protection fence shall erect the fence in
accordance with the following standards:
{a)
The fence shall be constructed of a wire mesh or chain link type
construction.
(b)
The fence shall have a height of not in excess of five feet (1.5
meters) except for the purpose of enclosing a recreational use other
than property on which a dwelling is located, in which case the height
of the fence shall not exceed twelve feet ( 3. 6 meters).
(c)
The fence shall not encroach into the minimum side yard as prescribed
by the Zoning By-Law and the extension of such side yard into the front
yard as defined by the Zoning By-1 aw to the building 1 i ne, un 1 ess a gate
is provided to allow access to the enclosed property.
6.
Salvage Yard:
(1)
Definition:
Salvage Yard shall mean a salvage yard as defined .by the
Zoning By-law.
(2)
Notwithstanding any other provision herein the land owner may erect a
fence of solid construction to enclose a salvage yard in accordance with the
following standards:
(a)
The fence has a minimum height of eight feet (2.4 meters) and a
maximum height of ten feet (3.0 meters).
{b)
The fence is set back from all public rights of way a minimum of
twenty-five feet (7.6 meters).
7.
Barbed Wire Fences:
{1)
No person shall use barbed wire in the construction of a fence within
the Town of Wa 1 kerton un 1 ess the barbed wire is used in accordance with the
following standards:
(a)
The fence shall
be erected on
land designated agricultural or
development by the Zoning By-Law and is used for the purpose of enclosing
as area pasturing or housing livestock.
(b)
The fence is a protection fence with a barbed wire protection inwards
to the area enclosed by the fence, on land designated commercial or
industrial by the Zoning By-law.
8.
Electric Fences:
(1)
No person shall equip any fence with a device for transmitting electric
current on or through the fence unless the following standards are met:
(a)
The fence must be located on land designated agricultural by the
Zoning By-law.
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(2)
The land must be used for the purpose of containing livestock pastured
or housed on the land.
(3)
The maximum electrical current does not exceed 120 volts at .04 amps.
(4)
The electrical device fixed shall comply with the Power Commission
Act, R.S.O. 1980, and the regulations thereto as amended or may be amended
from time to time.
9.
Swimming Pool:
(1)
Definition:
Swimming Pool shall mean:
(a)
A body of water having a minimum depth of three feet (0.9 meters)
permanently or temporarily located outdoors to be used or maintained
for the purpose of swimming, wading, diving or bathing.
(b)
A pool which is subject to the regulations made pursuant to
The Public Health Act, R.S.O. 1980, as amended.
(2)
Any persons erecting or maintaining a swimming pool shall enclose
the swimming pool
with a fence or other enclosure entire 1 y a round the
swimming pool in accordance with the following standards;
(a)
The fence or enclosure shall have a minimum height of five feet
(1.5 meters) above grade.(b)
For the purpose of paragraph (a) above,
an enclosure means, provided that the same does not faci 1 i tate access
by climbing:
(i)
a dwelling house, building or accessory building;
and
(ii) the walls, including decks and guardrails, above grade
of a swimming pool, provide that any access ladders or stairs
thereto are locked unless a responsible adult is present and
supervising the swimming pool.
(c)
Every fence enclosing a swimming pool shall be constructed so
that:
(i) · it does not facilitate access to the swimming pool
by
climbing;
and
(ii) it has, as the only means of entry to the swimming pool,
gates
or doors which shall be:
(1)
not less than five feet (1. 5 meters) in height above
grade.;
(2)
two inches (50 millimeters) mesh fencing above grade;
(3)
supported on substantial hinges;
and
(4)
equipped with a locking device.
(3)
Persons maintaining a swimming pool shall not leave the gate or door
to the swimming pool area unlocked unless a responsible person is present
and supervising the swimming pool area.
(4)
No person shall fill a swimming pool with water unless and until
it has been enclosed in accordance with standards herein.
(5)
Any person maintaining a swimming pool that is not fenced in or
enclosed in accordance with the standards of this section on the. day the
by-law is passed shall change the existing fence or erect a new fence in
order to comply with the standards of this section within 45 days of the
date of this by-law.
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10.
Corner lots:
(1) Definitions:
(a)
Corner Lot 5hall mean corner lot as defined by the Zoning By-Law.
(b)
Corner Space shall mean a triangular space formed
by joining the
following three points:
(i)
a point of intersection of intersecting street lines;
(if) a point located on one street line measured twenty feet (6.10 meters)
from the point of intersection of the intersecting street lines;
(iii) a point located on the other street line measured twenty feet (6.10
meters) from the point of intersection of the intersecting street lines.
(c)
Street Line shall mean street line as defined by the Zoning By-Law.
(2) A person may erect a fence in the corner space if the fence meets the
following standards:
(a)
The fence is a boundary fence or is a protection fence.
(b)
The fence is constructed of an open type of construction so as
to allow good visibility to a driver of a vehicle approaching the
intersection.
11. Penalties:
Any person who contravenes any provision of this by-1 aw is guilty of
an offence and is liable, on summary conviction, to a fine of not more than
ONE
THOUSAND ($1,000.00) DOLLARS, exclusive of costs, recoverable under The
Summary Conviction Act.
12.
Validity:
It is hereby declared that each and every of the foregoing provisions
of this By-law is severable and that, if any provision of this By-law should
for any reason be declared invalid by any Cpurt, it is the intention and
desire of this Council that each and every of the then remaining provisions
hereof shall remain in full force and effect.
13.
Minor Variance:
( 1)
The Committee of Adjustment of the Town of Wa 1 kerton is hereby appointed
for the Town of Wa 1 kerton for the purpose of en qui ring into and reporting
on any applications for minor variance from the provisions of the By-law.
( 2)
The Committee may recommend that any application be refused or that
such relief as it considers appropriate be granted either absolutely or subject
to conditions.
(3)
The Committee is directed to follow its usual procedure on applications,
so far as may be practical.
(4)
The Zoning Administrator shall place all reports made by the Committee
of Adjustment under this section before the Council for approval.
(5)
The Council's usual rules respecting delegations will apply to persons
desiring to make representations in support of or against a Committee of
Adjustment recommendation made under.this section.
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14.
By-Law Numbers 74-03, 77-16 and 78-06 of the Corporation of the Town of
Wa 1 kerton and a 11 By- Laws amending same, are hereby repea 1 ed.
READ A FIRST TIME THIS 28th. DAY OF APRIL, A.D. 1986 .
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MAYOR
CLERK
READ A SECOND TIME THIS 28th. DAY OF APRIL, A.D. 1986.
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MAYOR
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CLERK
READ A THIRD TIME AND FINALLY PASSED THIS 28th. DAY OF APRIL, A.D. 1986.
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MAYOR
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CLERK
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