This is the exact embedded text of the captured official document.
Snapshot d6ecb256622f · verified 2026-08-28 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
CORPORATION TOWNSHIP OF EAST HAWKESBURY
BY-LAW NUMBER 2024-49
BEING A BY-LAW TO ESTABLISH CERTAIN PROVISIONS WITH RESPECT TO THE
INSTALLATION OF FENCE AND MAINTENANCE OF FENCE
WHEREAS Section 11 (3) (7) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended
authorizes Council to pass by-laws concerning structures including fences;
AND WHEREAS the Council of the Corporation of the Township of East Hawkesbury deems it
necessary to regulate and prescribe fences within the Township of East Hawkesbury;
AND WHEREAS Section 11 (2) (6) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as
amended authorizes Council to pass by-laws concerning health, safety and well-being of
Persons;
AND WHEREAS Section 425 of the Municipal Act, 2001 authorizes Council to pass by-laws
providing that a Person who contravenes a by-law of the Corporation of the Township of East
Hawkesbury passed under that Act is guilty of an offence; and
THEREFORE, THE CORPORATION OF THE TOWNSHIP OF EAST HAWKESBURY
HEREBY ENACTS AS FOLLOWS:
TITLE
This by-law may be cited as the "Fence By-law".
1 DEFINITIONS
1.1 "Chain Link Fence" shall mean a fence of woven fabric, normally made of steel
wire attached to posts and rails.
1.2 "Fence" shall mean any barrier or structure constructed of chain link metal, wood,
stone, metal, brick, which is erected for the purpose of, safeguarding or enclosing
property, persons, livestock, pets, material, or for delineating property lines.
1.3 "Finished Side of Fence" shall mean the side of the fence other than the side on
which the structural elements are completely exposed.
1.4 "Gate" shall mean any moveable barrier (swinging, sliding or otherwise) used to fill or
close an access and includes a door.
1.5 "Grade(Established)" means the elevation of the finished level of the ground adjoining
the fence exclusive of any artificial embankments or berms.
1.6 "Hedge" shall mean a boundary composed of naturally growing material, which is
densely planted and intended to be maintained at an even height.
1.7 "Lot Line - Front" shall mean, in the case of an interior lot, the line dividing the
lot from the street,
1.8 shall mean, in the case of a corner lot, that line which runs parallel to the side of the
house on which
1.9 -the front door is located, or
1.10 -the municipal number designation is affixed, or for which
1.11 the functional uses associated with a building front can be demonstrated.
1.12 "Lot Line - Rear" shall mean the lot line furthest from and opposite to the front lot
line.
1.13 "Lot Line - Side External" shall mean a lot line other than a front or rear lot line
which is adjacent to a "public street".
1.14 "Lot Line - Side Interior" shall mean a lot line opposite the external side lot line.
1.15 "Panel Fence" shall mean a fence constructed in separate panels which are then
attached to posts at even intervals.
1.16 "Sight Triangle" means a triangle that is formed by the intersection of the street lines
of two streets and a line pinning two points that are l0 metres from the intersection or the
straight line projection of street lines where such street lines are connected by a curved
line.
1.17 "Snow Fence" shall mean a temporary fence constructed of vertical batons and
wire, or plastic fabric.
1.18 "Street Line" means the limit of the road or street allowance and is the dividing
line between a lot and a "public street"
1.19 "Unfinished Side of a Fence" means the side on which the structural elements of
the fence are completely exposed.
1.20 "Yard - Front" means a yard extending across the full width of the lot between the
front lot line and a line drawn parallel or concentric thereto and through the point of the
main wall of the dwelling unit or garage closest to the front lot line.
**NOTE: - All other definitions will be as provided for in the applicable "ZONING BY-LAW".
2 GENERAL PROVISIONS
2.1 All fences shall be free-standing stable, structurally sound vertical and shall be
made of materials of good quality and suitable for the purpose, arranged and
supported in an orderly and good workmanship like manner commensurate with the
design of the entire fence.
2.2 No fence shall be constructed to include material which will does or may, in the
opinion of the Township, adversely affect the safety of the public.
2.2.1 No barbed wire or device for projecting electric current shall form part of any
fence or gate, unless otherwise provided for in this By-Law.
2.2.2 Notwithstanding any other height restriction for the safety of the public in respect
to such uses as high voltage substations, construction sites, storage of explosives
and similar materials of a hazardous nature a fence may be permitted to whatever
height is necessary to ensure such safety. The use of barbed wire shall also be
permitted in these instanes.
2.3 No fence or hedge shall be permitted that obscures a clear view at street
intersections, pedestrian pathways, driveways or other points of access or egress of
vehicular or pedestrian traffic. All fences or hedges shall conform to the "sight
triangle" requirements of the zone in which they are located.
2.4 There shall be no encroachment upon "Township Owned Lands" or "Road
Allowances".
2.5 No fence or hedge shall be permitted to obstruct maintenance of adjacent structures.
2.6 All fences shall be maintained in a good state of repair and are always subject to
inspection by the Township.
2.6.1 Wooden fences (with the exception of cedar and redwood) shall be finished with a
preservative finish compatible with adjacent buildings.
2.6.2 Metal fencing shall be constructed of a rust resistant material.
2.6.3 All fences requiring maintenance shall be constructed to facilitate this
maintenance. Where access is obstructed, the fence shall be constructed with
movable sections.
2.6.4 All fences shall be completed within "l2 months "of commencing construction.
3 CONSTRUCTION - RESIDENTIAL
3.1 The maximum height of fences, extending from the established grade to the top of
the fence, shall be:
3.1.1 for a rear and side yard, 2.15 meters (7ft);
3.1.2 for a front yard, 2.15 meters (7ft).
3.1.3 3.7 meters around tennis courts.
3.2 In the instance that a front yard of one property abuts a rear yard of another
property, the maximum permitted height of either fence shall be that of the rear
yard, namely 2.15 meters (7ft).
3.3 There shall be no minimum height established for any fence other than for those
fences and gates enclosing a "Swimming Pool". (see Swimming Pool Enclosure By-
Law).
3.4 The height of a fence shall be measured from the higher grade to the top of the
fence where there is a grade difference between the two side of the fence.
3.5 Fences that require structural foundations (i.e. retaining walls) shall require a
Building Permit before such a fence is erected.
3.6 Snow Fencing shall only be used as a "temporary" device and therefore may be
erected and maintained only.
3.6.1 during the winter months for the purposes of snow control, or
3.6.2 to temporarily enclose a construction site.
3.7 Where a hedge is planted on a front yard lot line that abuts a municipal roadway.
The trunk of the hedge must be at a minimum of 1.5meters from the front property
line.
3.7.1 . If the branches or limbs from a tree or hedge encroach on township property, the township
reserves the right to trim those branches or limbs up to the property line.
3.8 There shall be no maximum height restrictions for hedges. Unless the hedges
becomes a safety hazard.
4 CONSTRUCTION; NON-RESIDENTIAL
4.1 Unless otherwise permitted in this By-Law, all lands in the Township shall be
bound by the provisions of this By-Law except that on "non-residential lands":
4.1.1 the maximum height of any approved fence may be extended to "2.5 meters".
4.1.2 fences around "tennis courts" may be erected to a height of "4.3 meters".
5 ADMINISTRATION
5.1 This By-Law shall be administered and enforced by the Municipal Law
Enforcement Officer.
6 PENALTY
6.1 Any fence that contravenes this By-Law shall be removed at the owner's expense
within thirty (30) days after receipt of a Notice of Removal from the Township.
6.2 Every person who contravenes any provision of this By-law shall, upon issuance of
a penalty notice of this by-Law, be liable to pay to the Township an administrative
penalty in the amount of $2000.00 for which the contravention occurs or continues.
6.3 The areas affected by this By-Law shall be the whole of the Township of East
Hawkesbury except for lands used for agricultural purposes. However, where the
land used for agricultural purposes abuts a residential property this by-law applies.
7 By-Law Repeal
7.1 That all other fence By-Law be repealed
This by-law shall come into force and take effect upon the final passing thereof.
READ a First, Second and Third Time and Passed in Open
Council this 15th day of October 2024.
X
Hemi Villeneuve
Clerk
SEAL
X
Robert Kirby
Mayor