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THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY
BY-LAW NUMBER 2019-130
Being a By-law to Prescribe the Height and Description of Fences
WHEREAS Section 11 (3) 7 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, provides that a lower-tier Municipality may pass by-laws respecting
structures, including fences and signs;
AND WHEREAS Section 8 of the Municipal Act provides that the powers of a
municipality as granted by the Act or any other Act shall be interpreted broadly so as to
(a) enable the municipality to govern its affairs as it considers appropriate and, (b)
enhance the municipalities ability to respond to municipal issues;
AND WHEREAS Section 425 (1) of the Municipal Act authorizes a municipality
to pass by-laws providing that a person who contravenes a by-law passed under this act
is guilty of an offence;
AND WHEREAS Section 436 (1) of the Municipal Act authorizes a municipality
to pass by-laws to authorize the right to enter land under certain circumstances;
AND WHEREAS Section 446 of the Municipal Act, as amended, a municipality
may enact a by-law to require that a matter or thing be done and in default, the matter
or thing may be done by the municipality at the persons expense and further that the
costs of doing so may be added to the tax roll and collected in the same manner as
taxes;
AND WHEREAS Section 98 (1) and (2) of the Municipal Act, provides that a by-
law may be passed by a municipality stating that the Line Fence Act, R.S.O. Ch. L.17,
as amended does not apply to all or part of the Town, subject to the continuing
applicability of Section 20 of the Line Fence Act;
AND WHEREAS it is deemed expedient to exclude the Town from the
provisions of the Line Fences Act Line Fence Act, R.S.O. Ch. L.17, as amended;
AND WHEREAS the Council of the Corporation of the Town of East
Gwillimbury deems it necessary to regulate the building and maintenance of structures
including: fences, noise attenuation barriers and privacy screens within the Town of
East Gwillimbury;
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AND WHEREAS it has been deemed by Council of the Corporation of the Town
of East Gwillimbury necessary to pass a by-law to regulate and prohibit livestock being
at large;
NOW THEREFORE, the Council of the Corporation of the Town of East
Gwillimbury enacts as follows:
1.0
DEFINITIONS
1.1
In this by-law:
(a)
"Appeal Committee" means the Appeal Committee established by the
corporation of the Town of East Gwillimbury.
(b)
"Building" means;
(i)
a structure, temporary or permanent, consisting of a wall, roof and
floor or any of them, or a structural system serving the function
thereof including all plumbing, works, fixtures and service systems
appurtenant thereto;
(ii) structures designated in the Ontario Building Code, as amended;
(iii) a tent as specified in the Ontario Building Code;
(iv) a Building and structure as defined in the Town Zoning By-law, as
amended.
(d) "Council" means the elected council of the Corporation of the Town of
East Gwillimbury.
(e)
"Corner Lot" means a lot situated at the intersection of and abutting onto
two or more streets or two sections of the same street, provided that the
angle of intersection of such street(s) is not more than one hundred and
thirty-five (135) degrees.
(f)
"Daylighting Triangle" means the area within a triangle formed by
measuring a prescribed distance along two specified intersecting lines
and a third line joining the terminal points of the two measured lines.
(g)
"Deck" means a platform, with no solid roof or walls, which is constructed
on piers or a foundation above finished Grade adjacent to a ground floor
or walkout basement wall, used as an outdoor living area.
(h)
"Division Fence" means a Fence used to define a property Lot Line.
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(i)
"Driveway Sight Triangle" means an area of land contained within and
determined by measuring from the point of intersection of a Street Line
and a driveway, a distance of 4 metres (13.1 feet) along such Street Line
and a 6 metres (19.7 feet) along such driveway, joining such points with a
straight line to form a triangle.
(j)
"Erect" means to construct, put up, assemble, install, alter, reconstruct or
replace a Fence, or to cause or permit another Person to do so, and does
not include repair if repair involves less than fifty percent (50%) of the
Fence along a lot line.
(k)
"Exterior Side Lot Line" means a Side Lot Line immediately adjoining a
street on a Corner Lot.
(l)
"Fence" shall mean any structure constructed of building materials
designed for exterior use including but not limited to posts, boards, panels,
pickets, wood, fiberglass, plastics, metal, lattice, rails, wire, chain link,
masonry or similar materials or any combination thereof which delineates
any yard or outdoor area but does not include arbours.
(m) "Front Lot Line" means:
(i)
In the case of an Interior Lot, shall be the Lot Line abutting a street;
(ii)
In the case of a Corner Lot, shall be the shorter Lot Line that abuts
a street;
(iii) In the case of a Corner Lot with two Street Lines of equal length,
shall be the Lot Line which abuts a Regional Road. In the case that
both abutting streets are under the same jurisdiction or are of the
same width, the Town may designate either Street Line as the front
Lot Line.
(n)
"Grade" means the level of the ground adjacent to the outside wall of a
Building.
(o)
"Height" means the vertical distance between the established Grade on
either side of the Fence, or Privacy Screen and the highest point of said
Fence, or Privacy Screen. Where the Grade levels are not the same on
both sides of the Fence, or Privacy Screen the higher of such levels shall
be considered the established Grade for the purposes of the Height. In
case of a retaining wall, Height shall mean the perpendicular distance
between the top of the retaining wall and the highest point of the Fence
directly above.
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(p)
"Lines Fences Act" means Line Fence Act. R.S.O. 1990, c. L.17, as
amended, from time to time.
(q)
"Livestock" includes cattle, goats, sheep, swine, horses, rabbits, mink,
foxes, reptiles, domestic fowl and other animals, excluding dogs and cats.
(r)
"Lot Frontage" means the continuous horizontal distance between the
Side Lot Lines measured at right angles. Where the Front Lot Line is not
a straight line, or where the Side Lot Lines are not parallel, the Lot
Frontage shall be measured, by a line 7.5 metres (25 feet) back from and
parallel to the chord of the Lot Frontage. Such chord is a straight line
obtained by joining the two points of intersection between the Side Lot
Lines and the Front Lot Line.
(s) "Lot Line" means a boundary of a lot including its vertical projection.
(t)
"Interior Lot" means a lot situated between adjacent lots and having
access to one street.
(u)
"Maintain" means to carry out repairs of any parts of a Fence so that it
can properly perform its intended function.
(v)
"Manager" means the Manager, By-law Enforcement Services of the
Town and his/her designate.
(w) "Officer" means a Municipal Law Enforcement Officer or designate.
(x)
"Outdoor Storage" means an area of land used for the outdoor storage
of goods and materials in the open air or in portable objects, such as
shipping containers, in ancillary to the main use of lot.
(y)
"Owner" means the owner, lessee or occupier of a lot.
(z)
"Person" includes an individual, association, organization, partnership,
municipality or other corporation and includes an agent or employee of
any of them.
(aa) "Privacy Screen" means a visual barrier constructed of building materials
designed for exterior use including but not limited to posts, boards, panels,
pilings, lattice, rails, wire, chain link, masonry or similar materials or any
combination thereof used to shield any part of a lot from view from any
adjacent lot or highway.
(bb) "Rear Lot Line" means the Lot Line or intersection of the Side Lot Line,
opposite to, and most distant from, the Front Lot Line.
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(cc) "Regional Road" means a highway designated as a Regional Road by
The Regional Municipality of York.
(dd) "Scrap or Salvage Yard" means a lot and/or premises used for the
storage and/or handling of scrap material, which without limiting the
generality of the foregoing, includes waste paper, rags, bottles,
used bicycles, motor vehicles, tires, metal and/or other scrap material
and salvage.
(ee) "Setback" means the required Setback for that Zone as per the Town
Zoning By-law, as amended.
(ff)
"Sight Triangle" means a triangular area on a Corner Lot as determined
by measuring from the point of intersection of two Street Lines, the
distance required by the Town's Engineering Design Standards and
Region of York requirements, whichever is greater, along each such
Street Line and joining such points with a straight line. In the case of a
Corner Lot with a Sight Triangle, the Exterior Side Lot Line is deemed
to extend to its hypothetical point of intersection with the extension of the
Front lot Line and /or Rear Lot Line for the purposes of calculating the
Lot Frontage, Front, Rear and Exterior Side yard Setbacks.
(gg) "Side Lot Line" means a Lot Line, other than a front or rear Lot Line. In
case of a Corner Lot, the Lot Line that abuts a street shall be identified
as the Exterior Side Lot Line.
(hh) "Street Line" means the boundary between a public or private street and a
lot.
(ii)
"Snow Fencing" means a Fence commonly used for the control of snow
and which is usually constructed of plastic mesh, lightweight, wood strip,
or wire fencing.
(jj) "Through Lot" means a lot bounded on two opposite sides by streets. If
any lot qualifies as being a Corner Lot and a Through Lot as
hereinbefore defined, such lot shall be deemed a Corner Lot for the
purposes of this by-law.
(kk) "Town" means the Corporation of the Town of East Gwillimbury.
(ll) "Water Gate" means a gate, or valve, by which a flow of water is
permitted, prevented, or regulated.
(mm) "Wrought Iron" means a Fence constructed of metal.
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(nn) "Zone" shall mean the designation given such land in the Town Zoning
By-law, as amended.
(oo) "Zoning By-law" means the Zoning By-law of the Town passed under the
Planning Act, R.S.O. 1990 as amended, from time to time.
2.0
GENERAL PROVISIONS
2.1
No Person shall have, Erect, Maintain or permit a Fence, Privacy Screen or a
Division Fence or cause a Fence, Privacy Screen or Division Fence to be
Erected on any lot except in compliance with the provisions of this by-law.
2.2
No Person shall have, Erect, Maintain or permit to be Erected or Maintain the
following:
a) Snow Fencing as part or in place of Fencing, unless said Fencing is used
to temporarily control snow, and or to protect property undergoing
construction for which an approved Town permit is in effect. Such Snow
Fencing shall be removed upon completion of construction;
b) A Fence comprised of sheet metal or corrugated metal panel members;
c) A Fence that contains or is constructed of any hazardous material such as
razor wire, barbed wire, or any sharp projections capable of causing
physical injury to humans or animals;
d) A Fence or any attachment to a Fence which may be used as a conductor
of an electrical current;
e) A Fence that uses materials not usually intended for use in permanent
Fencing, unless specifically permitted by this by-law or any other Town by-
law;
f) A Fence on any lands owned by the Town, or on a highway, or road
allowance, opened or unopened, or Town right-of-way, or Town easement.
2.3
Notwithstanding Subsection 2.2 c), the use of barbed wire or other bared or
sharp materials is permitted:
a) On agriculturally Zoned lands which necessarily require the use of barbed
wire on Fences as a part of active agricultural activity;
b) For Fences located in an industrial Zone and provided that such materials
are used at a Height of at least 1.83 m (6 ft.) above the finished Grade. The
barbed wire shall project inwards to the area enclosed by the Fence;
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c) On top of a Fence Erected for security purposes, around any facility
owned, operated or maintained by a Municipal, Provincial or Federal
Government or their respective agencies or a utility provider.
2.4
Notwithstanding Section 2.2 d), a Fence or any attachment to a Fence may be
used as a conductor of an electrical current on properties which necessarily
require a Fence as part of active agricultural activity.
2.5
No Person shall Erect a Fence over a drainage easement or watercourse
without constructing a Water Gate sufficient to ensure adequate drainage.
2.6
All Water Gates on Fences shall at all times be kept free from obstruction by
the Owner of such Fence.
2.7
Notwithstanding any other provision of this by-law, no Person shall Erect a
Fence, Division Fence or Privacy Screen so as to obstruct access to any
hydro or water meter or meter reading device by any employee, Officer or
agent, of Hydro One or the Town.
2.8
No Person shall Erect a Fence, Division Fence or Privacy Screen that is
located within 45 centimetres (18 inches) of a sidewalk.
2.9
No Person shall Erect a Fence, Privacy Screen or Division Fence that is
greater than 200 millimetres (8 inches) wide.
2.10
In case of any lot, no Person shall Erect a Fence or cause a Fence to be
Erected within a Sight Triangle formed by measuring five metres (5m) along
the Lot Lines from the intersection of any two highways or at the intersection of
two parts of the same highway meeting at an angle or not more than one
hundred and thirty-five (135) degrees.
2.11
No Person shall cause a Fence or cause a Fence to be erected within a
Driveway Sight Triangle.
2.12
The Owner of any Fence or Division Fence or the agent or employee of such
Owner is permitted to enter upon the land adjoining the Fence after having
given at least 24 hours written notice of intention to enter to the adjoining
property Owner or tenant for the purpose of making necessary and appropriate
repairs, alterations or improvements to such Fence or Division Fence but only
to the extent necessary to effect such repairs, alterations or improvements and
provide that the adjoining land shall be left in the same condition it was prior to
such entry.
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2.13
No Person shall Erect or permit to be Erected a Fence or Division Fence
either permanently or temporarily on any street except for emergency protection
measures, or with the approval of Council.
2.14
Maintenance
All Fences, Privacy Screens or Division Fences shall be:
(a) Maintained in good repair;
(b) Maintained in a structurally sound condition;
(c)
Maintained so that it is not in an unsafe or unsightly condition;
(d)
protected from deterioration by the timely application of paint or other
suitable protective material;
(e)
for the purpose of this subsection, Maintenance of a Fence, Privacy
Screen or Division Fence with a surface that has been previously
painted, stained, varnished or which has been treated with other similar
protective finishes shall be Maintained so that such finish does not visibly
deteriorate.
2.15 Graffiti
(a)
No Person shall place graffiti or cause or permit to be placed graffiti on
any Fence, Privacy Screen or Division Fence.
(b)
Every Owner shall at all times maintain their Fence, Privacy Screen or
Division Fence free of graffiti.
2.16
Fence on Boundary of Different Zones
Where a Lot Line is indicated as following a Zone boundary, the Fence that
may be Erected shall be constructed to the specifications of the Zone with the
maximum Height restriction. Where the Zone boundary is located on a Street
Line this subsection shall not apply.
2.17
Setbacks
All Setbacks for Fences shall be measured on the Owner's lot from the Lot
Lines on which the Fence is Erected or proposed to be Erected and may meet
an established building line.
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2.18
Town and Park Property
No Person shall Erect a Fence which contains a gate or opening structure that
abuts Town property.
2.19
Lake Simcoe Region Conservation Authority
All Fences Erected on lands over which Lake Simcoe Region Conservation
Authority has jurisdiction require approval from the Conservation Authority prior
to installation of the Fence.
3.0
ADMINISTRATION AND EXEMPTIONS
3.1
This by-law shall be administered by the Manager.
3.2
The provisions of this by-law shall not apply to Fences Erected by the Town of
East Gwillimbury, The Regional Municipality of York, The Government of
Ontario, The Government of Canada, Hydro One, Ontario Power Authority, gas
or power generation companies and Lake Simcoe Region Conservation
Authority.
3.3
A requirement of this by-law does not apply to a Fence that has been exempted
from that requirement by the Appeal Committee.
3.4
Where a property is subject to a site plan agreement under Section 41 of the
Planning Act, R.S.O., 1990, every Fence on the property shall comply with the
site plan agreement.
3.5
Where a Fence has been Erected pursuant to a subdivision agreement under
Section 51 of the Planning Act, R.S.O., 1990, every Fence shall comply with the
subdivision agreement.
3.6
Where a Fence, Privacy Screen or Division Fence as provided below shall be
exempt from all sections of this by-law with the exemption of Part 2.14:
a)
erected in accordance with an approved site plan agreement or
subdivision agreement;
b)
erected by federal, provincial or municipal government and or, by a utility
provider;
c)
constructed for and/or, as part of a kennel, provided the kennel is licenced
by the Town;
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d)
erected and used to enclose or delineate an area required for and lawfully
in accordance with the Town By-laws used as a recreational facility such
as a tennis court and/or basketball court, provided the fence is of chain
link construction.
3.7
Within any six month period the requirements of this by-law do not apply to a
Fence that was Erected lawfully prior to the day on which this by-law came into
force unless fifty percent (50%) or more of the Fence is to be replaced or
repaired.
4.0
RESTRICTIONS IN ALL RESIDENTIAL ZONES
4.1
No Person shall Erect or permit to be Erected a Fence on any lot in a
residential Zone except in accordance with the following provisions:
(a) no Person or Owner shall use or allow the use of barbed wire or other
barbed material or any material of a nature which could be injurious to the
public in the construction, Maintenance, or used as a Fence;
(b) no Person or Owner shall Erect a Fence from chicken wire, or degraded
used material;
(c) notwithstanding any other provision in this by-law a 1.2 metre (4 feet) high
chain link Fence or a 0.9 metre (3 feet) high Fence may be Erected along
any Lot Line in a residential Zone, except within a Sight Triangle or
Driveway Sight Triangle;
(d)
the provisions of section 4 do not apply to a Fence erected to enclose a
privately owned outdoor tennis court on a residential property, provided
the Fence is of chain link construction and located no closer to a property
line than 2 metres (6.6 feet).
4.2
Rear Lots
No Fence Erected in a rear yard shall exceed 2 metres (6.6 feet) in Height.
4.3
Interior Lots
No Person shall Erect or permit to be Erected a Fence on an Interior Lot
except in accordance with the following regulations:
(a) a Fence within the front yard shall not exceed a Height of 0.9 metres (3
feet), except a chain link Fence which shall not exceed a Height of 1.2
metres (4 feet); and
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(b) a Fence within any rear yard or interior side yard shall not exceed a
Height of 2 metres (6.6 feet).
4.4
Through Lots
No Person shall Erect or permit to be Erected, a Fence on a through lot
except in accordance with the following regulations:
(a) a Fence within the front yard or shall not exceed a Height of 0.9 metres (3
feet), except a chain link Fence which shall not exceed a Height of 1.2
metres (4 feet); and
(b) a Fence within any rear yard or interior side yard shall not exceed a
Height of 2 metres (6.6 feet).
4.5
Corner Lots
No Person shall Erect or permit to be Erected a Fence on a Corner Lot
except in accordance with the following regulations:
(a) a Fence not exceeding 0.9 metres (3 feet) in Height may be Erected
within any part of a front yard, except a chain link Fence which shall not
exceed a Height of 1.2 metres (4 feet); and
(b) a Fence having a maximum Height of 2 metres (6.6 feet) may be Erected
in an exterior side yard and rear yard.
4.6
Privacy Screens in Residential Zones
No Person shall Erect or permit to be Erected a Privacy Screen except in
accordance with the following regulations:
(a)
located within interior side, exterior side or rear yards only;
(b)
Privacy Screens located in a front yard may be Erected between
adjacent independent entrances of semi-detached, townhomes and link
dwellings providing that;
i)
The Privacy Screen shall not encroach more than 1.2 metres (4 feet)
from the wall containing the adjacent independent entrances; and
ii) Shall not exceed 1.8 metres (6 feet) in Height; and
iii) Shall not exceed 1.8 metres (6 feet) in length.
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(c)
Located not less than 1 metre (3.28 feet) from a Side Lot Line, provided,
however, that where the Privacy Screen is located so as to provide a
visual barrier between dwelling units divided by a common wall, such
screen may be placed closer along the common property boundary;
(d)
Located more than 4.5 metres (14.9 feet) from the street line;
(e)
Located more than 1 metre (3.37 feet) from the rear lot line;
(f)
Not more than 9.1 metres (30 feet) and no individual length longer than 4.8
metres (16 feet);
(g)
No more than 3 metres (10 feet) in Height if constructed at Grade level
and no more than 2 metres (6.6 feet) in Height if constructed on a Deck.
4.7
Gates, Archways and decorative caps
(a)
Gates may exceed fence height restrictions by a maximum of 30
centimetres (1 foot);
(b)
Archways forming part of an entrance may exceed fence height
restrictions to a maximum of 2.4 metres (8 feet);
(c)
Decorative caps on structural posts may exceed fence height restrictions
to a maximum of 15 centimetres (6 inches).
5.0
RESTRICTIONS IN NON-RESIDENTIAL ZONES
5.1
No Person shall Erect or permit to be Erected, a Fence on any lot in a non-
residential Zone, except in accordance with the following provisions:
(a)
no Fence shall be Erected having a Height in excess of 3.05 metres (10
feet) from the Rear Lot Line to the established building line of the main
building Erected on the lot.
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5.2
In non-residential Zones that permit outside storage pursuant to the Zoning By-
law, the area used for Outdoor Storage shall be screened so that the goods,
materials, equipment or machinery are not visible from any street or abutting lots.
No Person shall Erect or permit to be Erected a Fence on any lot Zoned
industrial storage except in accordance with the following provisions:
(a)
Where land is used for the purpose of a Scrap Yard or Salvage Yard, the
use shall be surrounded on all sides by a Fence that is in conformity with
all of the following provisions:
(i)
a Fence shall be Erected having a Height of 2.4 metres (8 feet);
and
(ii)
this Fence shall be constructed of permanent opaque materials that
provide a visual barrier; and
(iii)
this Fence shall be erected not closer than 7.5 metres (25 feet)
from any front lot line.
6.0
FENCES FOR LIVESTOCK
6.1
Every Owner on whose property Livestock are being kept shall prevent the
Livestock from leaving the property at any time by Erecting a perimeter Fence
or other interior enclosure, and, further such Owner shall keep the said
perimeter Fence or other interior enclosure in good repair.
7.0
POWERS OF ENTRY
7.1
The Town may enter on a lot at any reasonable time for the purpose of carrying
out an inspection to determine whether or not the following are being complied
with:
(a) the provisions of this by-law;
(b) an Order issued under this by-law; or
(c) an Order made under Section 431 of the Municipal Act, 2001, S.O. 2001,
c. 25 as amended.
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7.2
Where an inspection is conducted by the Town, the Person conducting the
inspection may:
(a) require the production for inspection of documents or things relevant to the
inspection; and
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts; and
(c) require information from any Person concerning a matter related to the
inspection including their name, address, phone number and identification;
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.
7.3
The Town may undertake an inspection pursuant to an Order issued under s.
438 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended.
7.4
The Town's power of entry may be exercised by an employee, Officer, or
agent of the Town or by a member of the York Regional Police force, as well as
by any Person under his or her direction.
8.0
ORDERS AND REMEDIAL ACTION
8.1
If a Person is Erecting a Fence in contravention of any of the provisions of this
by-law, the Town may issue an Order to the Person and to the Owner of the lot
on which the Fence is being Erected, to discontinue the contravening activity.
The Order shall set out the reasonable particulars of the contravention
adequate to identify the contravention, the location of the land on which the
contravention occurred, and the date by which there must be compliance with
the Order. The Order may be served in accordance with the service provisions
contained in this by-law.
8.2
If a Person has contravened a provision of this by-law, the Town may issue an
Order to the Person who contravened or permitted the contravention of this by-
law, as well as to the Owner of the lot on which the contravention occurred, to
do work to correct the contravention. The Order shall set out the reasonable
particulars of the contravention adequate to identify the contravention, the
location of the land on which the contravention occurred, and the date by which
there must be compliance with the Order. The Order may also provide that if the
Person or Owner fails to correct the contravention, the Town may do the work
to correct the contravention, including the removal of the Fence or Privacy
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Screen, at the expense of the Person and the Owner. The Order may be
served in accordance with the service provisions contained in this by-law.
8.3
If the Town has issued an Order directing or requiring a Person or an Owner to
do a matter or thing to correct a contravention of this by-law, and the Person or
the Owner has failed to correct a contravention, the Town may enter upon the
lot between the hours of 9:00 a.m. and 5:00 p.m., Monday to Friday, to do all
work necessary to correct the contravention, including the removal of all or part
of the Fence, Division Fence or Privacy Screen and the Town may recover
the cost of doing the matter or thing from the Owner directed or required to do it
by action or by adding the costs to the tax roll of the Owner and collecting them
in the same manner as property taxes.
8.4
An Order issued under this by-law may be served personally on the Owner, or
to an email address that the Person has provided to the Town or posted at the
address where the Fence or Privacy Screen was Erected or altered, or sent
by registered mail to the last known address of the Owner, in which case it shall
be deemed to have been given on the fifth calendar day after it is mailed.
8.5
If there is evidence that the occupant of the land is not the registered property
Owner, the Order shall be served on both the registered property Owner and
the occupant of the land.
9.0
PENALTY PROVISIONS
9.1
Every Person who contravenes a provision of this by-law, including an Order
issued under this by-law, is guilty of an offence and on conviction is liable to a
fine as provided for in the Provincial Offences Act, R.S.O. 1990, c P.33.
9.2
If a Fence has been Erected in contravention of any provision of this bylaw,
and the contravention has not been corrected, the contravention shall be
deemed to be a continuing offence for each day or part of a day that the
contravention remains uncorrected.
9.3
If an Order has been issued under this by-law, and the Order has not been
complied with, the contravention of the Order shall be deemed to be a
continuing offence for each day or part of a day that the Order is not complied
with.
9.4
Every Person who is guilty of an offence under this By-law shall be subject to
the following penalties:
(a) upon a first conviction, shall be liable to a fine of not less than $350.00
and not more than $50,000.00;
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(b) upon a second or subsequent conviction for the same offence, to a fine of
not less than $500.00 and not more than $100,000.00;
(c) upon conviction for a continuing offence, to a fine of not less than $500.00
and no more than $10,000.00 for each day or part of a day that the
offence continues, the total of which is not limited to $100,000.00; and
(d) upon conviction of a multiple offence, for each offence included in the
multiple offence, to a fine of not less than $350.00 and not more than
$10,000.00, the total of which is not limited to $100,000.00.
9.5
For the purposes of this by-law, "multiple offences" means an offence in respect
of two (2) or more acts or omissions each of which separately constitutes an
offence and is a contravention of a provision of this by-law.
9.6
For the purposes of this by-law, an offence is a "second or subsequent offence" if
the act giving rise to the offence occurred after a conviction had been entered at
an earlier date for the same offence.
9.7
Upon conviction any penalty imposed under this by-law may be collected under
the authority of the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as
amended.
10.0
OBSTRUCTION
10.1
In accordance with the provisions of the Municipal Act S.O. 2001, c. 25, as
amended, Section 426(1), no Person shall hinder, interfere with or otherwise
obstruct, either directly or indirectly, an Officer, employee of the Town of East
Gwillimbury and/or agent in the lawful exercise or power or duty under this by-
law.
10.2 Any Person who has been alleged to have contravened any of the provisions of
a by-law passed under the Municipal Act, 2001, as amended shall identify
themselves to the Officer upon request. Failure to do so shall be deemed to
have obstructed or hindered the Officer in the execution of the Officer's duties.
11.0 ADMINISTRATIVE PENALTIES
11.1 Instead of laying a charge under the Provincial Offences Act, as amended, for
breach of any provision of this By-law, an Officer may issue an administrative
penalty to the person who has contravened this by-law.
11.2 The Officer has the discretion to either proceed by way of an administrative
penalty or a charge laid under the Provincial Offences Act. If an administrative
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penalty is issued to a Person for the breach, no charge shall be laid against that
same Person for the same breach.
11.3 The amount of the administrative penalty for a breach of a provision of this By-
law, issued under this By-law, is fixed as set out in an Administrative Penalty By-
law as amended, or any successor by-law.
11.4 A Person who is issued an administrative penalty shall be subject to the
procedures as provided for in an Administrative Penalty By-law, as amended, or
any successor by-law.
11.5 An administrative penalty imposed on a Person pursuant to this by-law that is
not paid within 15 days after the day it becomes due and payable, constitutes a
debt of the Person to the Municipality and may be added to the municipal tax roll
and collected in the same manner as municipal taxes.
12.0
VARIANCE
12.1
Where a proposed or existing Fence or Privacy Fence is not in compliance
with this by-law, the Owner of the lot on which the Fence or Privacy Fence is or
is proposed to be constructed, or an authorized agent of the Owner, may
request a variance from any of the applicable provisions of this by-law.
12.2
An application for a variance shall be made on the form prescribed by the Town
and shall be accompanied by the non-refundable variance application fee set
out in the Fees and Charges by-law.
12.3
An application for a variance from the provision of the by-law shall be made in
writing to the secretary of the Appeal Committee with the following information:
(a) the application fee as approved by the Fees and Charges by-law; and
(b) the name address and telephone number of the applicant; and
(c) reference to the section of the by-law from which the exemption is being
sought; and
(d) a statement whether the proposed Fence, Division Fence or Privacy
Fence will be temporary or permanent; and
(e) reasons why the exemption is being sought; and
(f) a property survey; and
(g) site plan, and
(h) specifications pertaining to the description of the Fence construction and
installation of the Fence.
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12.4 The Secretary of the Appeal Committee shall give notice, or direct that notice be
given, at least seven (7) days prior to the hearing by personal service delivery or
mail to every Owner of land shown on the last revised assessment roll abutting
property owners of the subject property, and to anyone who submitted to the
Secretary to the Committee in writing a request for a variance.
12.5 Upon reviewing an application, the Appeal Committee shall consider:
(a) whether the request is minor in nature; and
(b) whether it is in accordance with the general intent and purpose of the by-law;
and
(c) whether the proposed variance is desirable and in keeping with the Fences in
the area; and
(d) would the approval of the variance result in any impacts to the health, safety
or welfare of the public.
12.6 The hearing of every application shall be held in public, and the Appeal
Committee shall hear the applicant and every other person who desires to be
heard in favour of or against the application, and the Appeal Committee may
adjourn the hearing or reserve its decision.
12.7 No decision of the Appeal Committee on an application is valid unless it is
concurred by the majority of the members of the Appeal Committee that heard
the application, and the decision of the Appeal Committee, whether granting or
refusing an application, shall be in writing and shall set out the reasons for the
decision, and shall be signed by the members who concur in the decision.
12.8
Any authority or permission granted by the Appeal Committee may be for such
time and subject to such terms and conditions as the Appeal Committee
considers advisable and as are set out in the decision.
12.9
The Appeal Committee, upon hearing an application for a variance shall
render a decision.
12.10 The Appeal Committee shall inform the applicant, as well as any abutting
neighbours that submitted objections, of its decision by way of written notice
setting out the grounds for the decision with reasonable particulars.
12.11 A decision of the Appeal Committee is final and binding.
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13.0
SEVERABILITY
13.1
If a court of competent jurisdiction should declare any section or part of a
section of this by-law to be invalid such section or part of a section shall not be
construed as having persuaded or influenced Council to pass the remainder of
this by-law and it is hereby declared that the remainder of this by-law shall be
valid and shall remain in force.
13.2. Where the provisions of this by-law conflict with the provisions of any other
By-law or Act, the more restrictive provisions shall apply.
14.0
ENFORCEMENT AND ADMINISTRATION
14.1
This by-law shall be enforced and administered by the Town of East
Gwillimbury.
15.0
FEES
15.1
All fees are subject to the Town of East Gwillimbury User Fees and Charges
By-law.
.
16.0
SHORT TITLE
16.1
This by-law may be cited as the "Fence By-Law."
17.0
REPEALING SECTION
17.1
By-law 2007-75 is hereby repealed.
ENACTED AND PASSED this 5th day of November, 2019.
_____________________________
Virginia Hackson, Mayor
_____________________________
Fernando Lamanna, Municipal Clerk