This is the exact embedded text of the captured official document.
Snapshot c944d4756792 · verified 2026-08-28 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
rage
LIL
THE CORPORATION
or THE VILLAGE
or HADOC
BY--LAH
uunsen
.L992~6.-.."
FE»/45
being
a
By-Law
for prescribing
the
height
and description
of
lawful
fences
in
the
Village
of
Madoc.
'
'
3
WHEREASthe MunicipalAct,
R.S.0.
1980, Chapter
302,
Section
210,
paragraph
18 authorizes
the
passing
of
a
By-Law
for
prescr1b1ng
the
height
and
description
of
lawful
fences;
-
NOW THEREFOREBE IT RESOLVEDthat
the
Council
of
the
corporation
of
the
Village
of
Madoc
enacts
as
follows:
SECTIONI
A
T I T L E
1.1a
This By-law
may be cited
as
the
Fence
By-Law.
SECTION II
"D E F I
N I
T I
0
N S
2.1
ERECT
includes
alteration,
construction,
re-
construction,
planting,
placing
or
re-locating
of
any
fence.
_
2.2
'
FRONT YARD,REAR YARD, SIDE YARD,FRONT LOT LINE,
SIDE
YARD LINE shall
mean front
yard,
rear
yard,
side
yard,
front
lot
line
and
side
lot
line
as
defined
in
Zoning
By--law
No.
1987-7;
RESIDENTIALZONE, COMMERCIALZONE
and
INDUSTRIALZONEshall mean
the
respective
Residential
Zones,
Commercial
Zones
and
Industrial
Zones
as
defined
in
Zoning
By-law
No.
1987-7.
Unless
a
contrary
intention
appears,
the
expressions
used
in
this
by--law
shall
be
interpreted
in
a manner
consistent
with
Zoning
By-law
No,
1987s7.
2.3
HEIGHT shall
mean the
distance
measured
from
the
grade
where
the
fence
posts
are
embedded
to
the
highest
point
of
the
fence.
O
.
Pam2172
- PageTWO
-
I
LAHFUL FENCE shallmean:
(i)
any
structure
constructed
of
posts,
boards,
palings,
rails,
wire,
masonry
or
similar
materials
or
any
combination
_
thereof
used
to define
a property
_ boundary,
or
to
enclose
any
outdoor
.area.
but does not
include
any
unfinished
materials
such
as
cedar
rails;
-
'
(ii)
a hedge
or row of
shrubs,
trees,
bushes
»
'
or
other
vegetation
used
to
define
a
property
boundary,
or
to
enclose
any
outdoor
area.
SECTION III
6 E N'E
R A L
P R 0 V I
S I 0 N S
No person
shall
erect
a
fence
or
permit
the
erection
of
a fence
unless
it
is
a
lawful
fence.
No person
shall
erect,
or
permit
to
be
erected,
any
barbed
wire
fence,
except
that
barbed
wire
is
permitted,
'
'
'
(i)
on
a fence
erected
on
land
used
for
agricultural
purposes
and
for
the
purpose
of
keeping
livestock;
(ii)'
on the
top
of
a
fence
erected
in
a
commercial
or
industrial
zone,
as
_
designated
by Zoning
By-law
No.
1987-7
provided
it
projects
inwards
to
the
area
enclosed
by
the
fence.
3.
3.
3.
3.
3
4
5
mmelJ3
V- Page
Three
-
No person
shall
erect
or
permit
to
be
erected
any
fence
equipped
with
a device
for
transmitting
an
electric
current
thereon
or
therethrough,
except
on
land
used
for
agricultural
purposes
and
for
the"
purpose
of
keeping
livestock,
provided
that
the
maximum electrical
current
does
not
exceed
120 volts
'at
.04
amps
and
that
it
complies
with
the
Power_
Corporation
Act,
R.S.0.
1980,
Chapter
384
and
regulations
thereunder,
as
amended,
from
time
to
time.
The
provisions
of
this
By-Law
shall
not
apply
to
prohibit
the
erection
of
a fence
wholly
or
partially
enclosing
lands
owned
and
in
use
by
the
Corporation
'
of
the
Village
of
Madoc,
any
Board
of
Education
or
School Board,
or
any
Public
Authority
including
any
Department
of
the
Ministry
of
the
Government
of
Canada,
or
Ontario,
or any
Conservation
Authority,
and
for
the
purpose
of
this
Section
shall
include
Ontario
Hydro,
any
telephone,
cable
television
or
telegraph
company
and
any
natural
gas
distribution
system
operated
by
a Company
distributing
gas
to
the"
residents
of
the
Village.
The
provisions
of
this
By-law
shall
not
apply
to
any
fence
in
existence
at
the
date
of
passage
of
this
By-
law,
except
that
any
replacement
or
re--construction
of
such
fence
shall
conform
to
this
By-law.
Nothing
in
this
By-Law
shall
be deemed
to
repeal
the
provisions
of
any
By-law
providing
for
requirements
for
fences
around
swimming
pools.
C73
4.
4.
5.
5.
1
2
1
2- 1
F E N C'E S
I
N
C 0 Hi?E
E%gelJ4
- Page_Four
--
SECTION IV
F E N C E S
I
N" R E S I D E N T I
A L
Z 0 N E S
In
a residential_zone,
no
fence
erected,
(i)
'
along
a front
lot
line
(ii)
in
a
front
yard
within
an area
measured
. perpendicularly
a distance
of
3.05
metres
from
the
front
lot
line,
or
I
(iii)
along
a side
yard
line
measured
a
distance
of
3.05
metres
from
the
front
lot
line
shall
exceed
.6
metres
in
height.
In
a residential
zone,
and
subject
to Section 4.1,
no
fence
erected
in
a front
yard,
side
yard
or
rear'
yard
shall
exceed
1.96
metres
in
height.
SECTION V
R C I
A L
A N D
I
N D U S T R I A L
Z 0 N E S
No fence in
a commercial
or
industrial
zone
shall
exceed3.05
metres
in
height.
where
a commercial
or
industrial
zone
adjoins
a
residential
zone,
the
provisions
of
Section
5.1
shall
apply
to
fences
erected
along
the
common
boundary.
.
'
»
6.
6.
6..
6.
_5.
1
2
3
4
5
Page
175
-
Page
Five
-
_
5
SECTION VI
C 0 N S T R U C T.I O N
A N D
M A I
N T E N A N C E
Every
fence
shall be
designed
and
erected
in
such
manner as
to
meet
its
intended
function.
Every
fence
as
defined
in
Section
2.4(i)
shall
be
(i)
constructed
in accordance
with
plans
submitted
to
the
By--law
Enforcement
Officer;
A
(ii)
structurally
sound
and
plumb
and
securely
anchored;
and
(iii)
protected
by
weather
and corrosiv
resistant
materials.
-
Every
fence
as
defined
in
Section
2.4(i)
shall
be
maintained
in
good
repair.
All
surfaces
that
have
been
previously
painted,
stained,
varnished
or
which
have
received
other
similar
protective
finishes
shall
be maintained
without
visible
deterioration.
No fence
as
defined
in
Section
2.4(i)
shall
be
erected
unless
the
plans
have
first
been
approved
by
the
By--1aw Enforcement
Officer.
A wood
privacy
fence
may be_constructed
in
the
manner
shown
in
Schedule
"A"
and
a chain
link
security
fence
may
be
constructed
in
the
manner
shown
in
Schedule
"B"
to
this
By-law.
Any
modification
to
these
designs
must
be
shown
not
to
materially
detract
from
the
V
structural
and
asthetic'integrity
of
such fences
as
depicted
in
Schedules
"A"
and
"B .
-
'"3
7.1
3Li
Paqe]J6
~-
Page
Six
-
I
; isécrrou
VII
E'N
F o R c E M E n T
This
By--1aw shall
be administered
and enforcedby
'~the
Municipal Law Enforcement
Officer.
SECTION
VIII
Eixc E P T
I o N s
The
provisions
of
this
By-Law
shall
prevail
unless
otherwise
specified
within
a development
agreement,
site
plan
agreement,
subdivision
agreement,
or
where
such
fence
is
erected
as
a noise
control
barrier
required
by
any
railway
or
governmental
authority.
SECTION IX
v A L I
p
I
T v
In
the
event
any
part
or
provision
of
this
By-law
is
held
to
be
illegal
or
void,
this
shall
not
have
the
effect
of
making
illegal
or
void
any
of
the
other
parts
or
provisions
thereof,
which
may or
shall
be
determined
to
be
legal.
L)
Page177
-
Page
Seven
-
SECTION
x
inE w A L T v
'10.1
Any
person
who contravenes
any
of
the
provisions
of
this
By-law
is
guilty
of
an
offence
and
shall,
upon
'.conviction
thereof,
forfeit
and
pay
at
the
'
discretion
of
the
convicting
Provincial
Judge
or
Justice
of
the
Peace
acting
within
his
territorial
jurisdiction,
a penalty
of
up
to
a maximum
of
$2,000.00
as
provided
for
under
the
Provincial
Offences
Act.
Upon a conviction
being
entered,
the
"Court
in which the
conviction
was
entered
and
any
Court
of
competent
jurisdiction
thereafter
may,
in
addition
to
any
other
remedy
and
to
any
penalty
imposed
in
this
By--law,
make
an
Order
prohibiting
the
continuation
or
repetition
of
the
offence
by
the
person
convicted.
-
SECTION XI
E F F E C T
11.1
This
By--law
shall
take
force
and
effect
upon
the
'
final
passing
thereof._
'
Read
a first
and
second
time
this
13th
day
of
February
1992.
I
Read
a third time
and finally
passed
this
18th
day
ofFebruarY
1992.
mmam
m.«w§.
4w....
T0
-. SCHEDULE
"A"
B'Y--LAW 1992-6
at
_
"= E
. . m-_ .
u
u
II
II
n
3 E
'3
'51":
SCHEDULE "B"
TO
BY--§$AW1992-6
M 633
:u
'U
9-
J5 g?0
'3 -4
"
.
0
:0 m
r
*
"I
m v
2
2
v
0
c
0
9
.m 3
p
m
"
o
-D 1:
$3"' :u
r
Q
-
'gljéllll?
--
-
1r.'..
.
'T''?'--.;'..--.':
92
O.
I
§§%&$"WV'"'5
-"9'
' '9'9'7
'
'
'9'9'9'9'
I'
'o:?3,;¢~:o:3:3'3'«:~:~'
¢.¢,'}99,9939',
9 9'9,9,9
_:9,9.,'$99%9 9 Q7/.'9,9,9,:
.
9 9 9
'9'¢*.
9 9
\
.9':
4'9'9'9'9'9
:,9.9,o,9.
.3'€*1*1~?'3"°'
399 9.9.9
9 9 9 9.9.
9
o,, 9'9'9:.'9
9 9
5,0/I/99'9'9'9*o'9'9'9*4
;~2o»;~2«:»:«:¢«:3:;:;:c:.:.:-
9
"/'I9':9'$9'
9 9'9 0 *
9 9 9
' 0
9..,..
9 9.929%}
Q
9
9 9 9 9'1
9
0,9,99 9 9 9 9
.
;<:':':'~":«'3:o:~:?:::%:»':t:=.
~:«a.:~:.o:»::::E:~:~:?:
9
a :7' - O
Q
Q
/199929199
39'20320393.:oftZ4:9f02929I9f9I9I9?o29?9'1
,?"w5:§:y"'&'§'é"'7":-"'.;'-'§5"'§'3'3'-9'3'§:¥'é'§$'
21-.-=
.
-
9%"?9'¢""9'v?'9'?9'9'9'9°€9
9'9'99""'
' ?e»
«ax
«'~:«:«:o:~:~:~:~'o'«~o~~.~
\
O
O 0"...'
T'_
9 9 9'99'9'9
I 09%'
9'
9.9'
9&9
O
'
O4.'§:0:O:§'99.0''§'9.9:9:9..
"$3
'
.'
9
~'§:g.w."°
°
. "
9,90!
4
9 9 9 /9"9'd'9'9
9 9 4
O §,9'¢V;\
"
.
\_
_
9 I
'
9
0 /9'9':
a
z
j
on"
5'2'.
..
-
_
z\
O_-
(D
'
mm-
'
m
2 E
.129
2
p
33
OD
.
('3
(D-
m
m
_--q
'
2
V'.
who
rn
.p_
'
'2
U)
'-
:1:
11
_m
S
5
2
rn"
r?"
.0