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THE CORPORATION OF THE
TOWNSHIP OF EDWARDSBURGH CARDINAL
BY-LAW NO. 2022-41
"A BY-LAW TO REGULATE THE ERECTION, HEIGHT AND MAINTENANCE OF
BOUNDARY FENCES WITHIN THE TOWNSHIP OF EDWARDSBURGH
CARDINAL"
WHEREAS Section 8(1) of the Municipal Act, 2001 , S.O. 2001 , c 25, as amended,
states that the powers of a municipality shall be interpreted broadly so as to confer
broad authority on municipalities to govern their affairs as they consider appropriate
and to enhance their ability to respond to municipal issues; and
WHEREAS Section 8(2) of the Municipal Act, 2001 , S.O. 2001 , c. 25, as amended,
states that in the event of ambiguity, the ambiguity shall be resolved so as to include,
rather than exclude, municipal powers that existed before the Municipal Act, 2001
came into force; and
WHEREAS Section 9 of the Municipal Act, 2001 , S.O. 2001 , c. 25, gives the
municipality the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this Act; and
WHEREAS Section 11 (3), paragraph 7 of the Municipal Act, 2001 , S.O. 2001 , c. 25,
as amended, provides that a lower-tier municipality may pass bylaws respecting
structures including fences; and
WHEREAS Section 425 of the Municipal Act, 2001 , S.O. 2001 , c. 25, as amended,
provides that a municipality may create offences for the contravention of bylaws; and
WHEREAS Municipal Council deems it advisable to regulate the erection, height and
maintenance of boundary fences within the Township of Edwardsburgh Cardinal.
NOW THEREFORE the Council of the Corporation of the Township of Edwardsburgh
Cardinal enacts as follows:
1.
DEFINITIONS
For the purpose of this bylaw, the following definitions apply:
1.1 "Agricultural Use" shall mean the use of land, buildings or structures for:
a) Growing crops, including all related activities such as fertilizing, planting,
spraying, irrigating, harvesting and the storage and sale of crops
produced;
b) Raising , breeding, boarding, training, keeping and/or sale of livestock,
including the raising and sale of fish;
c)
Collection, production, storage and sale of animal products such as milk,
eggs, wool, fur or honey;
d) Greenhouse or nursery garden, including storage and sale of products
produced;
e) Planting, harvesting and sale of forest products, including maple syrup;
f)
Use and storage of all equipment related to the foregoing activities,
including the occasional use of a portable sawmill; and
g) Farm-gate sales of any of the above products, provided they are produced
on the farm.
Agricultural use shall not include commercial or industrial activities such as
abattoirs, tanneries, kennels or manufacturing activities involving crops, animal
products, lumber or wood products. An agriculfural use shall include cannabis
production licensed by a Federal Agency for both cultivation outdoors and
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indoors within a greenhouse or a similar growing environment but shall not
include a cannabis production and processing facility.
1.2 "Fence" shall mean any barrier or structure other than a building , erected at
grade on privately owned property, which is erected for the purpose of
screening, safeguarding, enclosing property or delineating property lines, but
does not include a hedge.
1.3 "Inspector" shall mean and include the following :
a) Chief Building Official
b)
Building Inspector
c)
Bylaw Enforcement Officer
1.4 "Residential Use" shall mean a property that is being used or is intended to be
used for residential purposes, but does not include properties where the
residential use is accessory to another use.
1.5 ''Township" means the Corporation of the Township of Edwardsburgh Cardinal.
1.6 "Yard" shall mean an open, uncovered space appurtenant to a building or
structure:
1.6.1
"Front Yard" shall mean a yard extending across the full width of the lot
between the front lot line and the nearest part of any main building or
structure on the lot.
1.6.2
"Rear Yard" shall mean a yard extending across the full width of the lot
between the rear lot line and the nearest part of any main building or
structure on the lot.
1.6.3
"Side Yard" shall mean a yard extending from the front yard to the rear
yard between the side lot line and nearest part of any main building or
structure on the lot.
1.6.3.1
"Exterior Side Yard" shall mean a side yard abutting a street.
1.6.3.2 "Interior Side Yard" shall mean a side yard other than an exterior side
yard .
2.
EXEMPTIONS
2.1
The provisions of this bylaw do not apply to:
a) a fence erected on lands used for an agricultural operation;
b) a fence constructed as per the Township's Animal Control Bylaw;
c)
noise attenuation barriers or screening required by the Township as per a
Site Plan Control Agreement;
d) temporary boarding and fencing erected around construction sites as per
the Township's Building Bylaw; and
e) pool enclosures as per the Township's Building Bylaw.
3.
GENERAL PROVISIONS
3.1 Fences or similar barriers constructed in any side or rear yard in any
residential use property shall be no higher than 1.83 m (6 ft), with the
exception of a fence or similar barrier constructed in any side or rear yard in
any residential use property adjacent to the St. Lawrence River where a fence
or similar barrier shall be no higher than 1.2 m (4 ft) within 15.2 m (50 ft) of the
water's edge.
3.2
Fences or similar barrier constructed in any front yard in any residential use
property shall be no higher than 0.91 m (3 ft).
3.3 Barbed wire, spire tips, sharp objects, electrically charged fence~ or any other
fence material which poses a safety hazard shall not be on or adJacent to any
residential use property.
3.4
Every person who erects a fence or causes a fence to be erected shall keep
such fence:
a) in good repair;
b) in a safe and structurally sound condition; and
c) free from accident hazards.
3.5
Fences may be erected on the property line. It is the responsibility of the
property owner erecting the fence to determine and demonstrate the property
line. Boundary line disputes must be resolved by the owners themselves.
Consultation with an Ontario Land Surveyor may be required.
3.6
Despite provision 3.5 to this bylaw, no fence shall be erected within 45cm (18
in) of a public highway or sidewalk.
3. 7 Nothing in this bylaw shall prevent the continued use and maintenance of a
fence if such fence was lawfully erected prior to the effective date of this
bylaw.
4.
ENTRY AND INSPECTION
4.1 Every Inspector shall be authorized to enforce the provisions of this bylaw.
4.2 An Inspector or their designate may at any time, enter onto a property without
notice and without consent of the owner in order to determine whether this
bylaw is being complied with and to monitor compliance progress.
5.
ENFORCEMENT AND PENAL TIES
5.1 No person shall obstruct or hinder or attempt to obstruct or hinder an
Enforcement Officer, or other authorized employee or agent of the Township in
the exercise of a power or the performance of a duty under this bylaw.
5.2
Every person who contravenes any provision of this bylaw is guilty of an
offence and upon conviction is liable to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P. 33, as amended.
5.3 Upon registering a conviction for a contravention of any provision of thus
bylaw, the court in which the conviction has been entered , may in addition to
any other remedy and to any penalty imposed by this bylaw, make an order
prohibiting the continuation or repetition of the offence by the person
convicted , pursuant to Section 431 of the Municipal Act, 2001 , as amended.
5.4 Where a person fails or defaults to carry out any direction or action required by
the Township as authorized by this bylaw, upon reasonable and written notice,
the Township may proceed to do such things or carry out such actions as
directed at the expenses of the person and such expenses may be recovered
by the Township in a like manner as taxes in accordance with the provisions of
Section 326 of the Municipal Act, 2001 , as amended.
6.
VALIDITY AND SEVERABILITY
6.1
If any section, subsection, clause, paragraph or provision of this bylaw or parts
thereof are declared by a court of competent jurisdiction to be invalid,
unenforceable, illegal or beyond the powers of Municipal Council to enact,
such section, subsection, clause, paragraph, provision or parts thereof shall be
deemed to be severable and shall not effect the validity or enforceability of any
other provisions of the bylaw as a whole or part thereof and all other sections
of the bylaw shall be deemed to be separate and independent there from and
enacted as such.
6.2 Whenever any reference is made under this bylaw 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.
6.3 That this bylaw shall come into force and take effect on its passing.
Read a first and second time in open Council this 27 day of June, 2022.
Read a third and final time, passed, signed and sealed in open Council this 27 day of
June, 2022.