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Municipality of
Dutton Dunwich
By-Law No. 2021-19
BEING A BY-LAW TO REGULATE THE HEIGHT, LOCATION AND DESCRIPTION
OF FENCES ON PRIVATE PROPERTY BY THE CORPORATION OF THE
MUNICIPALITY OF DUTTON DUNWICH
WHEREAS subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a municipal power shall be exercised by by-law;
AND WHEREAS Sections 8, 11, and 15(4) of the Municipal Act, S.O. 2001, c. 25, as
amended, authorizes municipalities to pass by-laws respecting fences which includes
the authority to prescribe the height and description of fences on all properties.
AND WHEREAS paragraph 7 of subsection 11(3) of the Municipal Act, 2001 provides
that a municipality may pass by-laws respecting structures, including fences and signs;
AND WHEREAS Section 98 of the Municipal Act, 2001 provides that a municipality may
provide that the Line Fences Act does not apply to all or any part of the municipality.
NOW THEREFORE the Council of the Corporation of the Municipality of Dutton
Dunwich enacts as follows;
SHORT TITLE this By-law and Amendments, may be cited as the "Fence By-Law"
Part I
General
1.1
In this By-law, the word "shall" is mandatory and not discretionary, words in the
plural include the single number and words in the present tense include the future
tense.
1.2
The provisions of this By-law shall apply to all properties within the boundaries of
the former Village of Dutton, the Hamlets of Wallacetown, Iona and Iona Station,
Duttona Beach and Tyrconnell and they will be exempt from Section 20 of The
Line Fences Act. The Line Fences Act will continue to apply to all other areas
within the boundaries of the Municipality of Dutton Dunwich.
1.3
This By-law does not apply to swimming pool fences. By-law 2017-58 - Provides
for the Owners of Privately-Owned Outdoor Swimming Pools to Erect and
Maintain Fences and shall be referenced.
In this By-law:
Part II
Definitions
2.1
Building - means a structure occupying an area greater that 10 square metres
(108 square feet) consisting of a combination of walls, roof and floor, or a
structural system serving the function thereof, including all associated works,
fixtures and service systems.
2.2
By-law Enforcement Officer - shall mean a By-law Enforcement Officer appointed
by the Municipality of Dutton Dunwich or designate.
2.3
Chief Building Official - means the Officer or employee appointed by By-law of the
Municipality of Dutton Dunwich charged with the duty of enforcing the provision
of the Building By-law, Building Code Act and its applicable regulations.
2.4
Corner Lot - means a lot bounded by two intersecting streets, the angle of
intersection of which is not more than 135 degrees. In the case of a curved street,
such angles shall be formed by their tangents drawn from the points where the
interior lot lines meet the street line.
2.5
Daylight Corner or Sight Triangle - means the triangular space formed by the
street lines of a corner lot where such lot is located at the intersection of two or
more streets and a line drawn from a point in one street line to a point in the other
street line, each such point being 9 metres (29.5 feet) from the point of intersection
of the street lines measured along the said street lines, and where the two street
lines do not intersect at a point; the point of intersection of the street lines shall be
deemed to be the intersection of the projected tangents of the street lines drawn
through the extremities of the interior lot lines.
2.6
Driveway Visibility Triangle - means the triangular space formed by joining the
point on a property line and the driveway established by measuring 4.5 metres
(14.8 feet) in each direction along the property line abutting a street and along a
driveway from the point where said property line and driveway intersect.
2.7
Dwelling - means a building containing one or more dwelling units but does not
include a trailer or mobile home.
2.8
Exempt Areas - means the former Village of Dutton, the Hamlets of Wallacetown,
Iona and Iona Station, Duttona Beach and Tyrconnell.
2.9
Exterior Side Yard - means a side yard immediately adjacent to a street, other
than the front lot line.
2.1O
Farm Fence - means a fence erected for the purpose of containing livestock,
enclosing crops, water areas, woodlots, buildings, fields or laneways as part of an
agricultural operation on an Agricultural or Open Space property defined by The
Municipality Zoning By-law.
2.11
Fence - means a structure, except a structural part of a building, used to wholly
or partially screen from view, enclose or divide a yard or other land, or mark or
substantially mark the boundary between adjoining land, and includes any hedge
or grouping of shrubs used for the same purpose in a front yard , corner visibility
triangle, or driveway visibility triangle.
2.12
Frant Yard - means a yard extending across the full width of a lot between the
front lot line and the nearest main wall of any main building or structure on the lot.
2.13
Gate - shall include a door or other device constructed that may be opened to
gain access to an area enclosed by a fence.
2.14
"Ground Level" means the ground level at the fence line, but where the ground
levels are not the same on both sides of the fence, the higher of such levels shall
be considered as ground level for the purpose of the fence;
2.15
Height - means the vertical distance from the base of the fence at ground level to
the top of the fence including fence posts.
2.16
Interior Side Yard - means any side yard other than an exterior side yard.
2.17
Municipality - means the Corporation of the Municipality of Dutton Dunwich.
2.18
Owner- shall include any person who has lawful possession of any lands or
premises.
2.19
Permanent- means intended to last or remain unchanged indefinitely.
2.20
Rear Yard - means a yard extending across the full width of a lot between the rear
lot line and nearest main wall of any main building or structure on the lot.
2.21
Temporary Enclosure - shall mean a device that is intended to temporarily perform
the functions of a fence and is subject to the approval of the Chief Building Official.
3.1
No fence shall:
Part Ill
General Provisions
a) be made of materials originally designed or manufactured for a primary purpose
other than a fence such as, but not limited to, sheet metal, corrugated metal
panels and garage door panels;
b) be made of materials that are sharp or protruding such as, but not limited to,
barbed wire, razor wire or any other similar material in the construction of any
fence unless specifically permitted by this By-Law.
c) No person shall use, or cause to be used, electric current as a part of or in
conjunction with any fence unless specifically permitted by this By-Law.
d) be located within 2.0 metres (6.5 feet) from a fire hydrant, except that a fence
may be located no closer than 1.0 metres (3.25 feet) from the rear of a fire
hydrant as viewed from the centre of a municipal road allowance;
e) exceed 1.83 metres (6 feet) in height within an exterior side yard, side yard, or
rear yard;
f) be erected in such a manner as to obstruct visibility to drivers or pedestrians
entering, exiting, crossing or approaching a driveway, roadway, laneway or
walkway;
g) be erected in a daylight corner or sight triangle unless specifically permitted by
this By-law.
h) be located or constructed so as to block access to a parking space as required
by The Zoning By-law unless such fence is constructed with a gate at least 2.59
metres (8.5 feet) wide giving access to such parking space.
3.2
Every fence shall have a surface that is painted, stained, varnished or protected
with a similar protective finish, unless the material itself possess characteristics
that offer protection against deterioration, such as, but not limited to, cedar, vinyl,
or galvanized chain link.
3.3
Snow fencing and plastic mesh fencing shall not be used as a permanent fence.
3.4
A fence constructed on top of a building or structure as defined in the Zoning By
law, including decks, terraces, landing, and steps more than 0.6 metres (2.0 feet)
above finished ground level, shall be exempt from the provisions of this by-law
with respect to height and location, but shall comply with regulations for height
and location within the applicable zoning category in the Zoning By-law.
3.5
Notwithstanding Section 3.1 archways forming part of an entrance may exceed
the height restrictions to a maximum of 2.4 metres (7.9 feet).
3.6
A boundary fence in side yards or rear yards may be 2.13 metres (7.0 feet) in
height provided any portion of the fence over 1.83 metres (6.0 feet) is of open
type, decorative construction.
3. 7
No fence shall exceed 0.80 metres (2.6 feet) in height within a front yard.
3.8
Fences may be erected without a permit but shall comply with this by-law.
Part IV
General Provisions
Commercial/Ind ustrial/lnstitutional Zones
4.1
Unless permitted by a site plan agreement or any other development agreement
executed by the Municipality, a fence on any property zoned Commercial,
Industrial or Institutional shall not exceed 2.44 metres (8.0 feet) in height.
4.2
Barbed wire may be placed on the top of a fence on any property zoned
Commercial, Industrial or Institutional that does not abut a residential zone,
provided that the said fence is a minimum of 1.83 metres (6.0 feet) in height.
4.3
Notwithstanding Section 4.2 barbed wire may be used in the construction of a
fence on any property zoned Commercial, Industrial or Institutional and required
for the provision of infrastructure for any public utility regardless of location.
Agricultural Fences
PartV
General Provisions
5.1
Properties in an Agricultural zone containing a residential use with a lot area of
less than 6000 square metres (64,580 square feet) and abutting other similar lots
shall comply with Part Ill of this By-law.
5.2
Barbed wire may be used in the construction of a fence on any property zoned
Agricultural and required for the provision of infrastructure for any public utility
regardless of location.
5.3
Nothing in Part Ill of this By-law shall apply to the construction of a fence to contain
livestock on a lot larger than 2750 square metres (29,600 square feet).
5.4
A livestock fence shall be built and maintained in good farming practice and
building practice at the discretion of the CBO or designate and shall be
constructed and maintained to properly house the livestock it was intended to
contain.
5.5
a)
no person shall maintain or permit to be maintained a fence equipped to
transmit an electric current, except for a fence on a farm for the keeping of
livestock or the protection of livestock or crops from animals provided that
the fence meets the requirements of any applicable Canadian Standards
Association Standard.
b)
has attached thereto, at approximate 30.48 metres (100 feet) intervals, a sign
warning that the fence carries electricity.
Part VI
Height Calculations
6.1
The height of a fence at any given point shall be measured from the ground level
at the base of the fence provided;
a) where changes in grade contours along the fence line result in changes in
height of the fence, the height of the fence is deemed to be the average height
of the fence over any 2.13 metre (7.0 feet) portion.
6.2
Where grade elevations of adjacent lots differ, the height of any boundary fence
shall be measured from the higher ground level for the purpose of the fence;
Part VII
Sight and Visibility Triangles
7.1
No fence or hedge shall exceed 0.80 metres (2.6 feet) in height within a front yard,
corner visibility triangle, or driveway visibility triangle, except on a commercial,
industrial, or institutional property as defined by The Zoning By-law where a fence
within a front yard shall not exceed 1.98 metres (6.5 feet).
Part VIII
Variances
8.1
Any person, being the occupier or owner of land in the Municipality , may apply to
the Chief Building Official for permission to exceed any of the requirements set
out in this By-Law, and if the Chief Building Official is satisfied that the proposed
application is reasonable and does not contravene the purpose and intent of the
provisions of this by-law, then the Chief Building Official may grant such
permission , in whole or in part, conditionally or unconditionally , as deemed
advisable.
Part lX
Penalty
9.1
Every person who contravenes any provisions of this By-law is guilty of an offence
and is liable, upon conviction, to a fine not exceeding Five Thousand Dollars
($5,000) exclusive of costs, for each offence, recoverable under the Provincial
Offences Act, R.S.O. 1990, Chapter P;33. Fines and penalties are included in
Schedule A attached hereto and forming a part of this By-Law.
9.2 Where anything required to be done in accordance with this By-Law is not done,
the Municipality or a person or persons designated by the Municipality may carry
out such work or take such action and recover the costs of so doing by adding the
costs to the tax roll for the property on which the work was done or the actions
were taken and collecting them in the same manner and with the same priority as
municipal taxes.
PartX
Exemptions
10.1 Notwithstanding the provisions of this By-Law, any fence that is in existence prior
to the date of the enactment of this By-Law and in compliance with other
applicable regulations including Municipality By-Laws, the proof of which shall lie
with the owner of the property on which the fence is constructed, shall be deemed
to comply with this By-Law and may be maintained with the same material, height
and dimensions as previously existed including any repair work that may be done
to such fence.
Part XI
Severability
11.1
Should any section, subsection, clause or provision of this by-law be declared by
a court of competent jurisdiction to be invalid, the said section shall not affect the
validity of this by-law as a whole or any part thereof, other than the part so
declared to be invalid.
Part XII
Date By-Law Comes into Force
12.1
This by-law shall be deemed to have come into force and take effect on the date
of the final passing thereof.
READ a first and second time this 24 day of February 2020.
READ a third time and finally passed this 24 day of February 2020.
Rd
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b) P rcell,
eke
SCHEDULE 'A'
THE CORPORATION OF THE MUNICIPALITY OF DUTTON DUNWICH
BY-LAW NO. 2021-19
Item
1
2
PART I PROVINCIAL OFFENCES ACT
TITLE: FENCE BY-LAW
Short Form Wording
Provision
Creating or
Defining Offence
Farm Fence for housing of
5.4
livestock not maintained
Fence equipped to transmit
5.5. (a)
electrical current
(exception: agricultural fences for
livestock or crops)
Set Fine
$250.00
$250.00
Note: the general penalty provision for the offences listed above is Section 9.1 of By-law
2020-82, a certified copy of which has been filed.
OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
WEST REGION
80 DUNDAS STREET, 10 FLOOR, UNIT L
LONDON, ONTARIO N6A 6A8
Ms. Heather Bouw
Deputy Clerk
Municipality of Dutton Dunwich
Box 329, 199 Currie Road
Dutton, Ontario NOL l JO
Dear Ms. Bouw:
Re: Set Fines - Provincial Offences Act - Part I
CABINET DU JUGE PRINCIPAL REGIONAL
COUR DEJUSTICE DE L'ONTARIO
REGION DE L'OUEST
80, RUE DUNDAS, 10° ETAGE, UNITE L
LONDON (ONTARIO) N6A 6A8
TELEPHONE/TELEPHONE (51 9) 660-2292
FAX/TELECOPIEUR (51 9) 660-3138
By-law Number 2021-19, of the Municipality of Dutton Dunwich
Enclosed herewith is an original Order, and an original schedule of set fines
for the above referenced By-Law, the By-law indicated in the schedule.
The setting of the fines does not constitute my approval of the short form of
wording used to describe the offences.
Please ensure that a copy of the said documents is forwarded to the
Provincial Offences Offices in St. Thomas together with a copy of the By
law.
Yours truly,
',,,....__
A
-
(
V
J
Ve,
Jeghirº5t E. LeRoy
/
Regional Senior Justice
West Region
encl.
fee
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PARTI
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 schedule of offences under the Provincial Statutes
and Regulations thereunder and Municipal By-law No. 2021-19, of the
Municipality of Dutton Dunwich, attached hereto are the set fines for those
offences. This Order is to take effect April 15, 2021.
Dated at London this 15 Day of April 2021.
Ji0
mi/
8(x1
Regional Senior Justice
West Region
April 15, 2021
SCHEDULE 'A'
THE CORPORATION OF THE MUNICIPALITY OF DUTTON DUNWICH
BY-LAW NO. 2021-19
Item
1
2
PART I PROVINCIAL OFFENCES ACT
TITLE: FENCE BY-LAW
Short Form Wording
Provision
Creating or
Defining Offence
Farm Fence for housing of
5.4
livestock not maintained
Fence equipped to transmit
5.5. (a)
electrical current
(exception: agricultural fences for
livestock or crops)
Set Fine
$250.00
$250.00
Note: the general penalty provision for the offences listed above is Section 9.1 of By-law
2020-82, a certified copy of which has been filed.