This is the exact embedded text of the captured official document.
Snapshot b748acdd72af · verified 2026-08-28 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
By-law Number 25-20
The Corporation of the Township of Clearview
Being a By-law to provide uniform standards for the construction of fences
and pool enclosures within the Township of Clearview
(Fence and Pool Enclosure By-law)
Whereas section 11 (3) (7) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, (the "Municipal Act") authorizes a municipality to pass by-laws respecting
fences;
And Whereas section 8 (3) of the Municipal Act authorizes a municipality to
regulate or prohibit matters pertaining to fences and as a part of that power, to
provide for a system of approvals and to impose conditions as requirements of
obtaining, continuing to hold or renewing the approval;
And Whereas section 11(2) (6) of the Municipal Act authorizes a municipality to
regulate matters related to health, safety and wellbeing of the inhabitants of the
municipality;
And Whereas section 446 of the Municipal Act authorizes a municipality, under a
by-law, to direct or require a person to do a matter or thing and the municipality
may also provide that, in default of it being done by the person directed or required
to do it, the matter or thing shall be done at the person's expense, and the
municipality may recover the costs of doing the matter or thing from the person by
action or by adding the costs to the tax roll and collecting them in the same manner
as property taxes;
And Whereas section 425 of the Municipal Act authorizes a municipality to pass a
by-law providing that a person who contravenes a by-law of the municipality is
guilty of an offence;
And Whereas section 429 of the Municipal Act authorizes a municipality to
establish a system of fines for the offences under a by-law;
And Whereas the Council of the Corporation of the Township of Clearview deems it
necessary and desirable to establish a by-law for the purpose of providing uniform
standards for the construction and maintenance of fences and pool enclosures
within the Township;
Now Therefore the Council of the Corporation of the Township of Clearview hereby
enacts as follows:
By-law 25-20
Page 2 of 14
1.
Definitions
1.1
For the purpose of this by-law the following definitions shall apply:
"Building" means a structure occupying an area consisting of a wall, roof and floor
or any of them or a structural system serving the function thereof.
"By-law Enforcement Officer" means a person appointed by the Municipality to
enforce the by-laws of the Corporation of the Township of Clearview.
"Chief Building Official" means the Chief Building Official as appointed, on behalf
of the Corporation of the Township of Clearview, and their designate.
"Corner Lot" means a lot situated at the intersection of two or more streets
provided that the angle of intersection of such streets is not more than 135
degrees.
"Council" means the Council of the Corporation of the Township of Clearview.
"Driveway" means that portion of a lot exclusively used for the parking of motor
vehicles and includes, without limiting the foregoing, the entrances, the parking and
queuing aisles, the parking spaces, delivery and loading spaces, but shall not
include any part of a street, highway or private road.
"Driveway Visibility Triangle" means a triangular area formed by the
intersection of the lateral limit of the travelled portion of a driveway and the street,
land or sidewalk, whichever is closest to the lateral limit of the driveway, or the
projections thereof, and a straight line connecting them 3.0 metres (9.8 feet) from
their point of intersection along a rear, side or exterior lot line.
"Erect" means to build, construct, reconstruct, alter or relocate.
"Exterior Side Yard" means the yard of a lot located between a front yard and a
rear yard commencing at an exterior side lot line and extending to the building and
is adjacent to a street.
"Fence" means a protective, enclosing, or visual barrier of posts, wire, boards,
rails, pickets, pilings, wood, metal, fiberglass, plastics, masonry, or similar
materials or any combination thereof, and includes a wall or partition that is not an
integral part of a building, but does not include a trellis or arbour, dividing two or
more lot lines which marks or substantially marks the boundary of a property and
includes any hedge or grouping of shrubs used for the same purpose.
"Fence Viewer" means a fence viewer appointed by the Council of the Corporation
of the Township of Clearview pursuant to the Line Fences Act.
By-law 25-20
Page 3 of 14
"Front Yard" means a yard extending across the full width of the lot between the
front lot line and the nearest wall of the building on the lot.
"Ground Level" means the level of the grade adjacent to the fence excluding any
gardens, flower planters or built-up landscaping to allow the fence to be higher than
regulated under this by-law.
"Hedge" means a fence formed by a row of closely planted shrubs or bushes.
"Height" means the distance measured from the effective ground level where the
fence posts are embedded to the top of the said fence posts, provided that where a
fence is located on top of a retaining wall, "height" means the vertical distance
measured between the top of the retaining wall and the highest point of the fence
or posts.
"Legal non-conforming" means a fence that is not recognized in this By-law but
which lawfully existed on the day the previous Fence By-law was passed (March
19th, 2003).
"Lot" means a parcel of land to which title is capable of being legally conveyed,
subject to the provisions of the Planning Act, as amended, and includes any of its
part which are subject to a right-of-way or easement.
"Lot Line" means the line marking the legal boundary of a lot.
"Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended or
replaced.
"Officer" means a By-law Enforcement Officer, Building Inspector or Chief Building
Official as appointed or authorized by Council of the Corporation of the Township of
Clearview, to enforce this By-law and/or any "provincial offences officer" as defined
in the Provincial Offences Act.
"Owner" means the registered owner of a property, a lessee, tenant, mortgage in
possession, or person otherwise in charge of any property, acting as the authorized
agent of the owner.
"Person" means an individual, firm, corporation, association, partnership, private
club, incorporate company, agent or trustee and the heirs, executors, or other legal
representatives of a person to who the context can apply according to the By-law.
"Pool" means an artificial body of water in which the container is constructed from
manufactured materials, and is located outdoors on privately owned property in
which the depth of the water at any point can exceed 0.8 metres or 2.6 feet and is
primarily intended for bathing, swimming, and diving, and shall include any
accessory deck or support structure, but does not include a natural, dug,
By-law 25-20
Page 4 of 14
constructed, or damned pond that is used for aesthetic, landscape, storm water
management, or agricultural purposes.
"Pool Enclosure" means a fence, wall, lockable lid or other structure or thing,
including gates and doors which surrounds the perimeter of a pool which would
discourage the entry of a person into the enclosed area.
"Pool Permit" means a written permit issued by the Township of Clearview
pursuant to this by-law authorizing the erection, construction, or placing of a pool
and pool enclosure.
"Rear Yard" means a yard extending across the full width of a lot between the
rear lot line and the nearest wall of any main building or structure on the lot.
"Setback" means the distance between the lot line and the nearest main wall of
any building and extending the full width or length of the lot.
"Side Yard" means a yard extending from the front yard to the rear yard of a lot
between a side lot line and the nearest wall of any building or structure on the lot.
"Sight Triangle" means a triangular area formed within a corner lot of the
intersecting lot lines abutting the streets or the projections thereof and a straight
line connecting them of no less than 6 metres (19.69 feet) from their point of
intersection.
"Township" means the Corporation of the Township of Clearview.
"Zoning By-law" means any by-law administered by the Township pursuant to
section 34 of the Planning Act, or a predecessor or successor thereof, as may be
amended from time to time.
2.
General Provisions
2.1
The provisions of this by-law applies to all lands within the Township of
Clearview.
2.2
All fences and pool enclosures shall be maintained in a good state of repair
and in safe condition.
3.
Administration
3.1
This By-law shall be administered by the Chief Building Official, Building
Inspectors and By-law Enforcement Officers of the Township or such other
person(s) as Council may, by by-law, appoint and be considered Inspectors
under the terms of this by-law.
By-law 25-20
Page 5 of 14
4.
Fence Types and Height
Residential
4.1
No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintained a fence on a lot used for residential purposes
except in accordance with the following regulations:
a) A fence erected within a rear or side yard shall not exceed a height of
2.29 metres (7.5 feet).
b) A fence erected within a driveway visibility triangle shall not exceed a
height of:
i.
2.29 metres (7.5 feet) when the fence is located along the inner
boundary of the driveway visibility triangle; or,
ii.
1.0 metres (3.3 feet) when the fence is located along the outer
boundaries of the driveway visibility triangle.
c) A fence erected within a front yard shall not exceed a height of 1.0
metres (3.3. feet).
Non-Residential
4.2
No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintained, a fence to enclose land used as salvage yard, or
for commercial or industrial purposes as defined in the Zoning By-law
provided that such fence:
a) Does not exceed a height of 3.0 metres (9.8 feet) in any front yard, side
yard or rear yard; and,
b) Maintain a minimum setback of 3.0 metres (9.8 feet) from the front lot
line.
Legal non-conforming
4.3
Nothing in this By-law shall prevent the alteration, strengthening or
restoration of any legal non-conforming fence to a safe condition provided
that:
a) Major alterations including the length or height of the fence, repairs or
replacement of any portion of the fence is not required.
4.4
Nothing in this By-law shall prevent the reconstruction of any legal non-
conforming fence damaged by forces beyond the control of the owner
provided that:
a) The fence shall only be reconstructed to the extent of its pre-damaged
state; and,
By-law 25-20
Page 6 of 14
b) The fence shall only be reconstructed to the extent of its pre-damaged
dimensions and height.
Calculation of Height
4.5
The height of a fence at any given point shall be measured from the grade at
the base of the fence, exclusive of any artificial embankment, to the
maximum heights provided under Section 4 for residential and non-
residential fences.
5.
Restricted Fence Materials
5.1
No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintained any fence comprised of sheet metal or corrugated
metal unless edges are properly finished, or any material of a nature which
could be injurious to the public in the construction or use of a fence, or
materials used to provide temporary fencing i.e. snow fence, safety barriers,
etc.
Barbed Wire/Razor Wire
5.2
No person shall have, erect, construct maintain or permit to be erected,
constructed or maintained any barbed wire/razor wire fence, except in the
following circumstances:
a) On a fence erected on land used for agricultural purposes for the keeping
of livestock;
b) A development agreement authorized under the Planning Act is in place
allowing the use of a barbed wire fence based on the use of the property.
Electric Fences
5.3
No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintained any fence equipped with a device for transmitting
an electric current thereon or there through, except on agricultural land used
for the purpose of keeping livestock provided that the maximum electrical
current does not exceed 120 volts at .04 amps and complies with all other
applicable legislation, or approved invisible fencing running under the ground
used for the purpose to contain household pets.
Other Materials
5.4
No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintain any fence with materials that are not commonly
used for fence construction or any other materials that would be deemed
unsightly by a reasonable person i.e. pallets, doors, plywood, etc.
By-law 25-20
Page 7 of 14
6.
Fence Exemptions
Agreements
6.1
Notwithstanding any other provisions herein, a fence which is constructed as
required in a registered agreement or agreements entered into with the
Corporation of the Township of Clearview pursuant to Sections 41 or 51 of
the Planning Act, as amended, or any plans approved by the Township in
accordance with those sections shall be deemed not to contravene the
provisions of this by-law.
Vegetation
6.2
Large hedges or a line of trees acting as a screen or fence within a side yard
or rear yard that do not cause any visual obstruction or persons or vehicles
while entering or exiting a driveway or travelling along a street, lane or
sidewalk, shall be exempt from the provisions of this by-law.
7.
Work Order
7.1
Where the By-law Enforcement Officer or Inspector has reasonable grounds
to believe that a contravention of this by-law has occurred, the Officer or
Inspector may make an order requiring the person who contravened this 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.
7.2
An order under this by-law shall set out:
a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and,
b) the work to be done and the date by which the work must be done.
7.3
An order under this by-law may require work to be done even though the
facts which constitute the contravention of this by-law were present before
this by-law came into force.
8.
Remedial Action
8.1
If a person fails to do a matter or thing, including comply with an order under
this by-law, as directed or required by this by-law, the Township may, in
default of it being done by the person directed or required to do it, do the
matter or thing at the person's expense. The Township may recover the costs
of doing a matter or thing from the person directed or required to do it by
By-law 25-20
Page 8 of 14
action or by adding the costs to the tax roll and collecting them in the same
manner as municipal taxes.
8.2
The costs outlined in this section of this by-law shall include interest
calculated at a rate of 15 per cent annually when added to the tax roll,
calculated for the period commencing on the day the Township incurs the
costs and ending on the day the costs, including the interest, are paid in full.
9.
Pool Enclosures
9.1
No person shall install, maintain or place water in a pool in the Township of
Clearview unless pool enclosure measures are in place.
9.2
No person shall install or erect or permit the installation or erection of a pool
in the Township without having obtained a Pool Permit.
Application for Permit
9.3
To obtain a pool enclosure permit, an applicant shall file an application and
any supporting material, on forms prescribed by the Chief Building Official,
and pay the permit fee as outlined in the Building By-law.
9.4
Every pool enclosure permit application shall:
a) Describe the land on which the work is to be done, by a description that
will readily identify and locate the site on which the pool will exist;
b) Be accompanied by plans, sketches and specifications about the pool
enclosure;
c) Be accompanied by the required fees as set out under the Building Fee
By-law as amended;
d) State the names, addresses, and telephone number of the owner,
applicant and the constructor;
e) Be signed by the applicant who shall certify as to the truth of the
contents of the application.
9.5
The Chief Building Official or a Building Inspector, where the conditions
outlined above have been fulfilled, issue a pool enclosure permit to the
applicant unless:
a) the proposed pool or pool enclosure will contravene this by-law or any
other applicable law;
b) the application for it is incomplete; or
c) any fees due are unpaid.
By-law 25-20
Page 9 of 14
9.6
Where an application for a permit remains incomplete or inactive for more
than six (6) months after it is made, the application may be deemed by the
Chief Building Official or their designate to have been abandoned, without
further notice to the applicant.
Enclosures
9.7
In-ground pools shall provide protection around the entire perimeter of said
pool. Every fence shall be:
a) Not less than 1.2 meters (4feet) in height, measured from grade or any
other raised deck outside the enclosure.
b) Be constructed as to not have openings, holes or gaps larger than 3.8cm
(1.5inches) in its shortest dimension.
c) Fences shall be constructed of the following materials and comply with
requirements set out under the Zoning by-law as amended;
i.
In the case of a wrought iron fence, pickets shall be a minimum of
1.6cm (5/8 inch) in diameter and a picket spacing shall not exceed
10.16 centimeters (4inches) on center.
ii.
In the case of a chain link fence, chain link is to be a maximum of
38mm (1-1/2 inch) diamond pattern of not less than 11 or 13 gauge
steel wire with vinyl or other approved coating. Chain link to be
supported by steel line posts at a maximum of 2.4m (8feet), posts at
corners and ends with a minimum of 750mm (30in) set into concrete
within the ground.
iii.
Other construction may be permitted provided an equivalent degree
of safety is established and maintained as approved by the Building
Inspector.
d) A fence shall be so constructed that all horizontal or diagonal structural
members of the fence shall be located in the inside (pool side) of the
fence.
e) All fences shall be so constructed that it cannot be used in a manner not
to facilitate climbing.
f)
All fences shall be so constructed as to have the only means of entry by
gates or doors.
g) Gates shall be constructed to;
i.
Maintain a minimum height of 1.2 meters (4feet)
ii.
Shall be self-closing and equipped with self-latching device mounted
near the top and inside of the gate
iii.
Shall be equipped with a lockable latch
By-law 25-20
Page 10 of 14
iv.
Installed with the intent that all gates or doors will remain securely
closed when not in use.
h) All fences shall be set back a minimum of 1.2 meters (4 feet) from the
nearest edge of the swimming pool.
9.8
In the case of a pool, including swim spas, where the sidewalls or retaining
wall around the entire perimeter of the pool are a minimum of 1.2 meters (4
feet) in height and are so constructed as to prevent climbing, the pool may
be protected by means of:
a) A ladder that swings up and can be locked;
b) A ladder, which can be removed and store in a safe location; or,
c) A hard top pool with a lockable lid equipped with a lock.
Exemptions
9.9
Any pond is exempt from the provisions contained herein.
9.10 Any swimming pool that lawfully existed, having been subject to a Pool
Permit at the time of passage of this by-law, is exempt from the provisions
contained herein providing they remain in compliance with by-laws existing
at the time of approval.
10.
Prohibition of Fences on Township Land
10.1 No person shall erect a fence on Township property, including any highway,
without the expressed prior written consent of the Township.
10.2 No person shall cause any work to be done, or connection of any item to a
Township owned fence without written permission of the Township.
11.
Line Fences Act
11.1 Any recommendations provided by fence viewers under the Line Fences Act,
shall comply with the provisions of this by-law with respect to the
construction, reconstruction or repair and location of a fence.
12.
Inspection
12.1 The Township may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine compliance with:
a) this by-law; or,
b) an order made under section 431 of the Municipal Act.
By-law 25-20
Page 11 of 14
12.2 For the purposes of conducting an inspection pursuant to this by-law, the
Township may:
a) require the production for inspection of documents or things relevant to
the inspection,
b) inspect and remove documents or things relevant to the inspection for
the purpose of making copies or extracts,
c) require information from any person concerning a matter related to the
inspection; and,
d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
13.
Enforcement
13.1 This By-law shall be administered by the Chief Building Official, Building
Inspectors and By-law Enforcement Officers of the Township or such other
person(s) as Council may, by by-law, appoint and be considered inspectors
under the following terms of this by-law:
a) Has the power to enter upon and examine any yards, vacant lots and
grounds other than a dwelling at any reasonable time or times; and,
b) May be accompanied by such other person or persons, as they deem
necessary to properly carry out their duties under this by-law.
14.
Penalty
14.1 Every person who hinders, disturbs or obstructs any Inspector in carrying out
their duties under this By-law or contravenes any of the provisions of this by-
law, is guilty of an offence and upon conviction is liable to a fine as provided
for in the Municipal Act, 2001, as amended, and/or the Provincial Offences
Act.
15.
Validity, Severability and Interpretation
15.1 Should a court of competent jurisdiction declare a part or whole of any
provision of this by-law to be invalid or of no force and effect, the provision
or part is deemed severable from this by-law and it is the intention of Council
that the remainer survive and be applied and enforced in accordance with its
terms to the extent possible under law.
By-law 25-20
Page 12 of 14
15.2 Whenever any reference is made in this by-law to a statute or regulation of
the Province of Ontario, such reference shall be deemed to include all
subsequent amendments to such statute or regulation and all successor
legislation to such legislation.
15.3 Words importing singular number shall include the plural.
16.
Schedules
16.1 That Schedule A "Residential Fence Diagram" and Schedule B "Part I
Provincial Offences Act Fines" attached hereto forms part of this by-law.
17.
Repeal
17.1 That By-law 03-14 and all amending by-laws are hereby repealed.
18.
Force and Effect
18.1 This by-law shall take force and effect upon final passage hereof.
By-law Number 25-20 read a first, second and third time and finally passed
this 24th day of March, 2025.
_________________________________________
Douglas Measures, Mayor
_________________________________________
Sasha Helmkay, Director of Legislative Services/Clerk
By-law 25-20
Page 13 of 14
By-law 25-20 - Fence and Pool Enclosure
The Corporation of the Township of Clearview
Schedule A - Residential Fence Diagram
By-law 25-20
Page 14 of 14
By-law 25-20 - Fence and Pool Enclosure
The Corporation of the Township of Clearview
Schedule B - Part I Provincial Offences Act Fines
Item
Short Form Wording
Provision for Creating or
Defining Offence
Set Fine
1
Construct or erect a residential fence
contrary to regulations in By-law
4.1
$235.00
2
Construct or erect a non-residential
fence contrary to regulations in By-law
4.2
$235.00
3
Construct fence made of restricted
materials
5
$235.00
4
Install or maintain pool without
approved closure
9.1
$235.00
5
Permit water to be placed in pool
without approved enclosure
9.1
$235.00
6
Install or erect pool without a permit
9.2
$235.00
7
Erect fence on Township owned
property
10.1
$235.00
8
Hinder, disturb or obstruct inspector
carrying out duties
14.1
$400.00
Note: The penalty provision for the offences indicated above is section 14 of By-law
25-20, a certified copy of which has been filed.