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Office Consolidation of By-Law 2000-105
Page 1 of 11
The Corporation of the
Municipality of Clarington
By-Law 2000-105
Being a By-law to prescribe the height and description of lawful fences in the
Municipality of Clarington and to repeal By-law 89-46 as amended.
______________________________________________________________________
Passed, by Council, on:
June 26, 2000
Consolidated as of:
July 5, 2016
Amendments:
Amending By-Law
Date
Amendment Details
2003-071
June 2, 2003
Following Sections: 2.11, 5.1, 5.2, 5.4(2),
5.4(4)i, 5.4(4)ii, 5.4(6), 5.10(2), 5.14
2010-105
July 12, 2010
Adding Subsection 2.13 (definition of
razor wire)
Adding Subsection 3.10 (razor wire as it
relates to the Bowmanville Zoo)
Disclaimer:
The following consolidated by-law is an electronic reproduction made available for
information only. It is not an official version of the By-law. The format may be different,
and plans, pictures, other graphics or text may be missing or altered. The Municipality
of Clarington does not warrant the accuracy of this electronic version.
Official versions of all By-laws may be obtained from the Municipal Clerk's Department.
Office Consolidation of By-Law 2000-105
Page 2 of 11
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2000-105 AS AMENDED
Being a By-law to prescribe the height and description of lawful fences in the
Municipality of Clarington and to repeal By-law 89-46 as amended.
WHEREAS the Municipal Act R.S.O. 1990, chapter M45, section. 210(25), authorizes
the passing of a By-law for prescribing the height and description of lawful fences; and
WHEREAS the Municipal Act R.S.O., 1990, Chapter M45, Section 210(145), authorizes
the passing of a By-law for prohibiting the posting or exhibition of placards, play bills,
posters writing or pictures, or the writing of words, or the making of pictures or drawings
which are indecent or may tend to corrupt or demoralize on any wall or fence;
Now Therefore the Council of the Corporation of the Municipality of Clarington Enacts
as Follows:
1.0 Title
This By-law may be cited as the Fence By-law.
2.0 Definitions
2.1
DESIGNATED FRONT YARD shall mean the area of the yard extending across
the full width of a property between the assessed front property line and a line
running parallel to and 6 metres (19.7 feet) from the front property line. The front
yard being the shortest of the property frontages.
2.2
EXTERIOR SIDE YARD shall mean the side yard of a corner lot, immediately
adjoining a public street, which side yard extends from the designated front yard
to the rear property line between the exterior property line and the nearest main
building.
2.3
FENCE shall mean 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.
2.4
GRAFFITI shall mean any writing or pictures, which are indecent or may tend to
corrupt or demoralize.
2.5
HEIGHT shall mean the distance measured from the grade to the highest point of
the fence exclusive of the posts.
2.6
HOT TUB shall include any artificially enclosed body of water consisting of water
heating units and/or air jets used for bathing or other purposes as intended and
shall include a whirlpool or spa or other similar device.
2.7
MUNICIPALITY means the Corporation of the Municipality of Clarington.
Office Consolidation of By-Law 2000-105
Page 3 of 11
2.8
OFFICER shall mean a Municipal Law Enforcement Officer or a Building
Inspector employed by the Municipality of Clarington.
2.9
OWNER shall include the registered owner of any property; the person for the
time being managing or receiving the rent of the land or premises in connection
with which the word is used, whether on the person's own account or as agent or
trustee of any other person, or who would so receive the rent if such land and
premises were let; and a lessee or occupant of the property who, under the terms
of a lease, is required to repair and maintain the property in accordance with the
standards for the maintenance and occupancy of the property.
2.10 PERSON means an individual, sole proprietorship, partnership, limited
partnership, trust or body corporate, or an individual in his or her capacity as a
trustee, executor, administrator or other legal representative.
2.11 SWIMMING POOL means a privately owned outdoor swimming pool which
includes any body of water or pool located outdoors on privately owned property
contained in part or in whole by artificial means and designed or intended for
swimming. diving or bathing but does not include a pool that is less than 61
centimetres (24 inches) in height or depth or a combination thereof.
2.12 SWIMMING POOL ENCLOSURE shall mean a fence as required by this By-law
and used to enclose a swimming pool or hot tub.
2.13 RAZOR WIRE shall mean a specific form of barbed wire or barbed tape which is
composed of a mesh of metal strips with sharp edges available as either straight
wire or concertina wire.
3.0 General Provisions
3.1
No person shall construct, erect, maintain or permit to be constructed, erected or
maintained any fence within the Municipality which does not comply with the
provisions of this by-law or any other applicable law.
3.2
No person shall construct, erect, maintain or permit to be constructed, erected or
maintained any fence within the Municipality which contains barbed wire.
3.3
Notwithstanding Section 3.2 above, barbed wire shall be permitted in the
following circumstances:
(1) On a fence located on lands in an agricultural zone as prescribed by the
Municipality's Comprehensive Zoning By-law and actively used for the purpose of
keeping livestock, or
(2) On the top of a fence erected on lands in a commercial or industrial zone as
prescribed by the Municipality's Comprehensive Zoning By-law provided that the
barbed wire projects inwards to the area enclosed by the fence.
Office Consolidation of By-Law 2000-105
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3.4
No person shall erect, construct, maintain or permit to be erected, constructed, or
maintained any fence equipped with a device for transmitting an electric current
thereon or therethrough, except on land prescribed by the Municipality's
Comprehensive Zoning By-law as agricultural and actively used 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 Energy Competition
Act, S.O. 1998, and the regulations thereunder, as amended, from time to time.
3.5
No person shall post or exhibit placards, playbills, posters or graffiti on any fence
within the Municipality.
3.6
The provisions of this By-law shall not apply to prohibit the erection of a fence for
the purpose of public services provided by the Corporation of the Municipality of
Clarington, any School Board, or any Public Authority including any Department
of the Regional Municipality of Durham or any Department or Ministry of the
Government of Canada or Ontario, or any Conservation Authority established by
the Government of Ontario.
3.7
Lawful fences including approved pool enclosure fences constructed prior to the
passing of this By-law shall be considered legal. Pool enclosure fences which
have not received prior approval shall comply with regulations and conditions as
set out hereinafter in Section 5.
3.8
Subject to the provisions of the Municipality's Comprehensive Zoning By-law, no
person shall construct, erect, maintain or permit to be constructed, erected, or
maintained, on any property a fence which, in the opinion of the Officer, by
reason of its location, design or materials, obstructs the vision of drivers, either
when leaving a roadway or when entering a roadway from another roadway or
driveway, or which obstructs or detracts from the visibility or effectiveness of any
traffic sign or control device on a public street or which, for any other reason,
constitutes a hazard.
3.9
Replacement or reconstruction of all fences shall conform with the provisions of
this By-law.
3.10 Notwithstanding Section 3.2 above, razor wire shall be permitted in the following
circumstances:
(1)
On a fence located on lands actively operated by the Bowmanville
Zoological Park for the keeping of exotic animals provided that:
a)
The razor wire is used to enclosed the external perimeter of the
Park only;
b)
The razor wire is placed in a single coil on the top of the perimeter
fencing and on a support arm angled inwards to the property at not
less than 45 to horizontal.
Office Consolidation of By-Law 2000-105
Page 5 of 11
4.0 Fences in Residential Zones
4.1
No person shall construct, erect, maintain or permit to be constructed, erected, or
maintained, on any residential property as prescribed by the Municipality's
Comprehensive Zoning By-law, a fence which exceeds a height of 2.14 metres (7
feet) in any rear, interior or exterior side yard.
4.2
No person shall construct, erect, maintain or permit to be constructed, erected, or
maintained, on any residential property as prescribed by the Municipality's
Comprehensive Zoning By-law, a fence which exceeds a height of 1.2 metres (4
feet) in any designated front yard.
4.3
Where a designated front yard abuts a rear or exterior side yard in a corner lot,
the maximum permitted height of the fence shall be 2.14 metres (7 feet).
4.4
Notwithstanding Sections 4.2 and 4.3 above, fences shall be required to comply
with all sight triangle regulations as set out in the Municipality's Comprehensive
Zoning By-law.
5.0 Swimming Pool Fences
5.1
Notwithstanding any provisions of this By-law to the contrary, no person shall
excavate for, place or erect an outdoor swimming pool or hot tub without having
first obtained a permit from the Chief Building Official or his designate, certifying
the approval of the plans for the fences and gates required by this By-law, and
upon payment of the prescribed fee. The fee for a swimming pool enclosure
permit shall be set at $75.00.
5.2
No person shall fill an outdoor swimming pool or hot tub with water or maintain
such pool or tub filled with water until the fences and gates required by this by-
law have been erected and approved around the swimming pool or hot tub.
(1) Notwithstanding Section 5.2 above temporary fencing as approved by the
Building Inspector or his designate may be used for a maximum period of 30
days until the basic construction of the swimming pool has been completed at
which time permanent fencing shall be erected in accordance with this By-law.
5.3
No person shall construct, erect, maintain or cause to be constructed, erected or
maintained, any swimming pool fence or enclosure, which does not comply with
the specifications hereinafter set out in this By-law.
Office Consolidation of By-Law 2000-105
Page 6 of 11
5.4
The fence to enclose a swimming pool or hot tub shall be constructed in a good
workmanlike manner shall meet the following requirements:
(1) Every fence shall not be less than 1.2 (4 feet) in height nor greater than 2.14
metres (7 feet) in height subject to general provisions as set out in this By-law;
(2) Every fence shall be constructed of vertically boarded wood, solid wood,
chain link, masonry, plastic, metal or other materials and shall be constructed in
such a manner as to provide, in the opinion of the Chief Building Official and the
Manager of Municipal Law Enforcement, an equivalent degree of safety;
(3) Every fence shall be so constructed that no rails or other horizontal or
diagonal bracing or attachments that may facilitate climbing, shall be located on
the outside of the fence;
(4) Every fence shall be constructed in such a manner that;
(i) vertical boards shall not be less than 1.9 centimetres (.75 inches) by 8.9
centimetres (3.5 inches) lumber and shall be spaced not more than 3.8
centimetres (1.5 inches) apart where the horizontal climbable surface
of the rails are spaced less than 1.2 metres (4 feet) apart and not more
than 10.16 centimetres (4 inches) apart where horizontal climbable
surfaces of rails are spaced at least 1.2 metres (4 feet) apart";
(ii) where vertical boards of 1.9 centimetres (.75 inches) by 8.9
centimetres (3.5 inches) have been used and the horizontal spacing
exceeds 3.8 centimetres (1.5 inches) a vertical board of not less than
1.9 centimetres (.75 inches) by a 3.8 centimetres (1.5 inches) may be
used as a spacer to reduce the horizontal opening to less than the
minimum required 3.8 centimetres (1.5 inches);
(iii) vertical boards shall be attached to horizontal rails that are not less
than 3.8 centimetres (1.5 inches) by 8.9 centimetres (3.5 inches
lumber and that are supported on substantial posts with a minimum
dimension of 8.9 centimetres (3.5 inches) spaced not more than 2.4
meters (8 feet) apart and embedded to a minimum depth of 90
centimetres (35.4 inches) below grade;
(iv) the maximum space between the grade level and the bottom of the
fence shall not exceed 10.16 centimetres (4 inches) at any point.
(5)
A metal picket fence used to enclose a swimming pool shall be
constructed in such a manner that;
(i) vertical pickets shall be spaced not more than 3.8 centimetres (1.5
inches) apart where horizontal rails are spaced less than 1.2 metres (4
feet) and not more than 10.16 centimetres (4 inches) apart where
horizontal rails are spaced at least 1.2 metres (4 feet) apart;
Office Consolidation of By-Law 2000-105
Page 7 of 11
(ii) horizontal rails shall be supported on substantial posts not more than
2.4 metres (8 feet) apart and embedded in concrete to a minimum
depth of 90 centimetres (35.4 inches) below grade.
(6)(a)
every chain link fence shall be constructed so that it complies to the
following requirements,
(b)
where the fencing extends from the ground to a height of not less than
1.2 metres (4 feet) and not more than 1.8 metres (6 feet):
(i)
chain link fencing, with diamond mesh not exceeding 3.8
centimetres (1.5 inches),
(ii)
the mesh gauge shall consist of 11 gauge galvanized
steel wire or vinyl coated chain link fabric 9 finished wire
gauge or other equivalent material,
(iii)
the gate and terminal posts shall be minimum 4.8
centimetres ( 1 7/8 inches) diameter and embedded in
the ground to a depth of 90 centimetres (36 inches) in 20
centimetres (8 inches) diameter concrete,
(iv)
intermediate posts shall be a minimum 3.8 centimetres (1
½ inches) diameter and embedded 90 centimetres (36
inches) in the ground,
(v)
the top rail shall be a minimum 3.2 centimetres (1 ¼
inches) and the bottom wire shall be a minimum 9 gauge
galvanized or vinyl covered, threaded through the mesh
or the mesh fasten to the bottom tension wire and bottom
wire fastened to each post,
(vi)
the gate frame shall be minimum 3.2 centimetres (1 ¼
inches),
(vii)
the posts shall be spaced a maximum distance of 3
meters (10 feet) apart.
(c)
where the fencing extends from the ground to a height of not less than
1.8 metres (6 feet) and not more than 2.14 metres (7 feet):
(i)
chain link fencing, with a diamond mesh not exceeding 5.0
centimetres (2 inches),
(ii)
the mesh gauge shall consist of 9 gauge galvanized steel
wire or vinyl coated chain link fabric 9 finished wire gauge
or other equivalent material,
Office Consolidation of By-Law 2000-105
Page 8 of 11
(iii)
the gate and terminal posts shall be minimum 6.0
centimetres ( 2 3/8 inches) diameter and embedded in
the ground to a depth of 90 centimetres (36 inches) in 20
centimetres (8 inches) diameter concrete,
(iv)
intermediate posts shall be a minimum 4.8 centimetres (1
7/8 inches) diameter and embedded 1 meters (39 inches)
in the ground,
(v)
the top rail shall be a minimum 3.5 centimetres (1 3/8
inches) and the bottom wire shall be a minimum 9 gauge
galvanized or vinyl covered, threaded through the mesh
or the mesh fasten to the bottom tension wire and bottom
wire fastened to each post,
(vi)
the gate frame shall be minimum 3.2 centimetres (1 ¼
inches),
(vii)
the posts shall be spaced a maximum distance of 3
meters (10 feet) apart.
(7)
Every fence shall be constructed or erected to have the only means of
entry through the fence be by approved gates or doors which provide a degree of
safety acceptable to the Building Inspector.
5.5
No person shall construct, erect, maintain or cause to be constructed, erected or
maintained, any swimming pool fence which contains barbed wire.
5.6
No person shall construct, erect, maintain or cause to be constructed, erected or
maintained, any swimming pool fence which contains any device for projecting
an electrical current through the swimming pool fence.
5.7
A swimming pool enclosure shall be designed and constructed so that the
principal entrance to any main building shall be located outside the enclosed
area.
5.8
Where a wall of a building forms part of a swimming pool enclosure, any
entrance through the wall to the enclosed area shall be no closer than 1.2 metres
(4 feet) horizontally to the water's edge of the pool and shall be protected by a
door that is,
(1) kept locked at all times except when the enclosed area is in use,
(2) self-closing self-latching and equipped with a lockable device installed at least
1.53 metres (5 feet) above floor level if the door leads from any other area than a
living area of a building.
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5.9
A swimming pool gate shall meet the following requirements:
(1) every gate shall be of a minimum height of 1.2 meters (4 feet) and meet the
requirements of section 5.4;
(2) every gate shall be supported on substantial hinges and shall be equipped
with self- closing and self-latching devices placed at the top and on the inside of
the gate providing a degree of safety acceptable to the Building Inspector;
(3) every gate shall be of the same construction equivalent to that required of the
fence;
(4) every gate shall extend down to within 10.16 centimetres (4 inches), of the
ground or floor level.
5.10 The provisions of this By-law requiring the erection of a fence shall not apply to
an above ground pool that complies with the following standards.
(1) not less than 1.2 metres (4 feet) above grade;
(2) a guard not less than 90 centimetres (36 inches) high is provided around any
platform or deck that is between 60.9 centimetres (2 feet) and 1.8 metres (5 foot
11 inches) above finished grade and 1.07 metres (3 feet 6 inches high for decks
greater than 1.8 metres above finished grade. Guards must comply with the
Ontario Building Code.
(3) the outside walls of any swimming pool structure and any guard is free of any
element or attachment that may facilitate climbing;
(4) no part of the swimming pool or adjoining deck structure are located closer
than 1.2 metres (4 feet) to any lot line; and
(5) the point where a user of the above ground pool gains access to the pool is
protected by a gate and enclosure which complies with Section 5 of this By-law.
5.11 There shall be a minimum 1.2 metres (4 feet) separation between the fence and
the exterior edge of an inground swimming pool.
5.12 Notwithstanding Sections 5.4 to 5.11 above, a hot tub, which is enclosed by a
substantial structurally adequate hard cover permanently attached to it or to its
supporting structure and the cover is securely fastened and locked to prevent
access at all times when not in use, shall be exempt from the fence provisions of
this Section.
5.13 Every owner of a hot tub shall keep the hot tub covered and locked at all times
when a responsible person is not present and supervising its use.
5.14 Every Municipal owned fence installed prior to the passing of this by-law is
deemed to comply as a pool enclosure.
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6.0 Fences In Commercial & Industrial Zones
6.1
No person shall construct, erect, maintain or permit to be constructed, erected or
maintained, on any commercial or industrial property as prescribed by the
Municipality's Comprehensive Zoning By-law, a fence which exceeds a height of
3.1 metres (10.2 feet).
6.2
Where a commercial or industrial property abuts a residential property as
prescribed by the Municipality's Comprehensive Zoning By-law, the maximum
permitted height of a fence shall be 3.1 metres (10.2 feet).
7.0 Construction And Maintenance
7.1
Every fence shall be designed and installed in such a manner as to meet its
intended function using suitable and sufficient materials and in a manner
accepted as good workmanship within the trades concerned.
7.2
All surfaces that have been previously painted, stained, varnished or which have
received other similar protective finishes shall be maintained without visible
deterioration.
7.3
Every fence shall be maintained in a structurally sound condition and in good
repair.
7.4
Every owner shall maintain the fence abutting his property free of placards,
playbills, posters and graffiti.
8.0 Penalties
8.1
Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine as provided for in the Provincial Offences
Act.
9.0 Terms and Conditions
9.1
The provisions of this By-law shall prevail unless otherwise specified within a
Development Agreement, Site Plan Agreement, Subdivision Agreement or any
other By-law of the Municipality.
9.2
In the event any part or provision of this by-law is held by a court of competent
jurisdiction to be illegal, void, or ultra vires the jurisdiction of the Council of the
Municipality of Clarington to pass, such provision shall be deemed to be
severable and shall not invalidate any other provision of this By-law.
9.3
Words implying the singular number include plural and vice versa and words
importing masculine gender includes the feminine.
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9.4
Measurements listed in the Imperial system are provided for ease of reference
only.
9.5
By-law 89-46 and its amendments are hereby repealed.
9.6
This by-law shall take force and effect upon the final passing thereof.
NOTE: Original by-law signed.
PROVINCIAL OFFENCES ACT
PART
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each of the
offences in the attached schedule of offences under the Provincial Statutes and
Regulations thereunder and Municipal By- law No. 2000- 105, as amended, for the
Corporation of the Municipality of Clarington, attached hereto is the set fine, for
those
offences.
This Order is to take effect August
20th, 2007.
DATED at Newmarket this
20th
day of August, 2007.
John A. Pay
e
Regional Senior Justice
Central East Region
Set Fine Schedule
MUNICIPALITY OF CLARINGTON
PART
I Provincial
Offences Act, R. S. O. 1990, Chap. P. 33, as amended
Municipality of Clarin
ton By-law 2000- 105, as amended
by 2003- 071 -
Fence By-law
Page
1 of 2 Pages
ITEM
COLUMN
1
COLUMN
2
COLUMN 3
Short Form Wording
Provision
Defining or Creating Offence
Set Fine
1.
General
Construct/ erect/ maintain/
permit
barbed
wire fence where
prohibited
3. 2
200. 00
2.
Con struct/ erect/ maintain/
permit fence
with electric
current
where
prohibited
3. 4
200. 00
3.
Post/ exhibit
placards/ playbills/ posters/ graffiti
on fence
3. 5
100. 00
4.
Construct/ erect/ maintain fence that blocks view of drivers/ obstructs
traffic
sin
3.8
150. 00
5.
Construct/ erect/ maintain/
permit fence over 2. 14 m. in rear/ side
yard
Residential
4. 1
150. 00
Fences
6.
Construct/ erect/ maintain/ permit fence over
1. 2 m. in front yard
4. 2
150. 00
7. Pools/ Hot
Excavate for/place/ erect swimming
pool/ hot tub without
permit
5. 1
250. 00
tubs
8.
Fill/ maintain
swimming
pool/ hot tub with water - no fence/
ate
5. 2
250. 00
9.
Construct
pool/ hot tub fence
less than
1. 2 m. high
5. 4( l)
150. 00
10.
Maintain
pool
gate that is less than
1. 2 m. high
5. 9( l)
150. 00
11.
Maintain
pool
gate
without
self- closing/ self latching device
5. 9( 2)
200. 00
12.
Maintain pool
gate
more than
10. 16 cros. above
round/ floor level
5. 9( 4)
150. 00
13.
Fail to maintain
1. 2 m. separation
between fence and exterior
edge
of
in
round
pool
5. 11
j $
100. 00
14.
Fail to cover/ lock hot tub when
no one
present
5. 13
1 $
150. 00
1
i