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## THE CORPORATION OF THE TOWNSHIP OF EMO
## BY-LAW NO. 2007-36
Being a by-law of the Corporation of the Township of Emo to provide for prohibiting and regulating of fences within the municipality and to repeal Bv-law No. 95-14.
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, S.130 provides that a municipality may regulate matters not specifically provided for by this Act or any other Act for purposes related to health, safety and well-being of the inhabitants of the municipality.
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, s.11 provides that municipality may pass by-laws respecting structures, including fences.
AND WHEREAS the Council of the Corporation of the Township of Emo deems it necessary to prohibit and regulate fences within the Municipality.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF EMO ENACTS AS FOLLOWS:
THAT no person shall construct, erect, maintain or keep within the Township of Emo was erected in and is not moved, altered or enlarged in any way.
## DEFINITIONS
## That in this By-law:
2.1 Building Line SHALL MEAN the regulatory or established building line as defined by the applicable zoning by-law affecting the property (set back).
Building Envelope means that area of a lot within which a principle building as old he disthe ed in come poning with the site development specifications
2.3 Farm Fence shall mean a fence erected for the purpose of containing livestock, enclosing crops, water areas, woodlots, buildings, fields or laneways for the operation of agriculture.
2.4
grade of the highest adjacent ground to the finished top of the fence.
2.5
2.6 Front Lot Line shall mean the lot line that divides the lot from the street.
Privately Owned Outdoor Swimming Pool shall mean a swimming pool natural body of water or watercourse or artificial ornamental ponds, located on private property which may contain non-native fish. For hot tubs, see Section 7.3 f(ili).
76.2cm = 2.5 feet Shadow Fence shall mean a fence consisting of alternating vertical boards on both sides of a top and bottom rail.
2.8
2.9 Daylighting Triangle (sight triangle) means the triangle space on a lot formed by two intersecting street lines and line drawn from a point in one street line across such lot to a point in the other street line, each such point being a distance of 9 metres from the point of intersection of the street lines (measured along the street lines).
Snow Fencing shall mean a fence commonly used for the control of snow.
2.10
"Zone" means land use designations as utilized in the current Township of
Emo Zoning By-law.
2.11
If located back of the building line, a fence may be erected up to a maximum height of 2.1 m. except in an industrial zone as defined in the applicable zoning by-law when the the maxi mugh sal of 00m. in anyted even theat alding line and the front lot for instim oil, ormera i industrial d us es ustine in does or probe a property
law.
Nothwithstanding the provisions of section 3 above. On a corner lot, a fence not exceeding 2.1 m. in height may be erected to the front lot line provided that no fence shall be erected or maintained higher thatn 76.2 cm., as measured from the centerline of the road within the day lighting triangle, (sight triangle) as determined in accordance with Schedule "A".
Barbed wire fences are prohibited in the Township of Emo.
Snow fencing may not be used as a permanent fence in any zone where the word residential appears in the applicable zoning by-law within the areas of Town.
Fencing of Privately Owned Swimming Pools
14m = 4.5fet
7.1 every such fence shall not be less than 1.4 m. in height;
No person shall construct or maintain a privately owned outdoor swimming pool unless the pool or the land on which such pool is located is fenced or enclosed in accordance with the following provisions:
horizontal members are a minimum of 1.1 metres apart;
so that all horizontal members are to the pool side of the fence unless the
sier fine shal be core led so it hotel member sal be tected every such fence shall be composed of:
7.3
chain link construction, as determined in accordance with Schedule "B".
(a)
vertical members where the spacing between such vertical members is greater than 25 mm, but not greater than 50 mm and the horizontal rails are a minimum of 1.1 metres apart, as determined in accordance with Schedule "B", or vertical members where the spacing between such vertical members is no greater than 25 mm, as determined in accordance with Schedule "B";
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(d) shadow fencing where the spacing between the vertical members does not exceed the width of the member being used and the horizontal rails are a minimum of 1.1 metres apart, as determined in accordance with Schedule types mentioned, provided:
the use of wood lattice is permitted for the top portion of any of the fence where the fence is a maximum height of 1.5 m. wood lattice for the top portion shall not exceed 300 mm, as determined in accordance
(i)
top portion shall not exceed 600 mm, as determined in accordance
where the fence is a maximum height of 1.8 m, wood lattice for the Above Ground Pools
(i)
(t)
A vertical iron bar or wood fence shall be permitted for protection fence does not exceed 100 mm, between vertical members, as
the hooper portinum of. m gone grade and ite paesides of determined in accordance with Schedule "E".
In Ground Pools
(ii)
A vertical iron bar fence shall be permitted for protection of in
ground pools provided the spacing of the bars does not exceed 100
Schedule "E".
mm. between vertical members, as determined in accordance with Hot Tubs
(iii))
Hot tubs shall be fitted with a tight fitted cover, with a locking device or be protected with a 1.5 m. minimum high fence.
metres is required as shown in Schedule "F".
or doors of not less than 1.5 m. in height and such gate or door shall be capable of
every such fence shall be constructed so that the only means of entry is by gates
"Cates" 7.5
where the latching device of the gate is otherwise accessible from the ground on the outside of the fence.
outside of the fence, the latching device must be at least 1.5 m. above the every gate must be fitted with a device that will automatically return the gate or door to the closed position and operate the latching device to a pool or act as part of the fence.
a dwelling, building or accessory building or part thereof, may be used to enclose
7.6
in the case of an above ground privately owned swimming pool where the wall of the pool satisfy all of the requirements otherwise required for fences which enclose swimming pools, no other fence is required.
pois to pos ive be i don age lose ence are metalie, section 7(2) shall not apply.
the provisions of this by-law shall not apply to any pool which is subject to the regulations under the Building Code Act, 1992, S.O. 1992, Chapter 23, Section 3.11.
No person shall excavate for, erect or construct a privately-owned outdoor swimming
pool without first submitting the following plans and obtaining a permit:
a plot plan showing the location for such pool and all other structures on the lot
and within 1.5 m. of any adjacent lot;
the types of materials to be used for fencing and gates as well as the height and
construction design.
Da silending the he rect dions of this by law, nothings dal prevent the operator height not to exceed 3 m. where such property abuts a residential zone.
Subject to Section 11 herein but notwithstanding the other provisions of this by-law,
nothing shall prevent the construction and maintenance of farm fences in agricultural,
rural residential or open space zones as defined by the applicable zoning by-law.
10.
The use of any device for projecting an electric current through or in conjunction with a
fence is prohibited except on farm fences in any agricultural zone as defined by the
11.
applicable zoning by-law.
## Fences Material and Maintenance
except as provided in section 7 of this By-law, a fence shall be constructed of
suitable material, dressed lumber, ornamental wire, ornamental iron, piping,
stone, brick or concrete, or other material designed and intended for such use or
any combination thereof;
height limitations of section 3.
in lieu of the above materials, a live hedge may be grown provided that no person
shall permit any such live hedge to overhang public property nor to exceed the
12.2.
all fences shall be designed, constructed and maintained with an acceptable finish
to the satisfaction of the Building Inspector.
12.3.
The Council may, by resolution, order an existing fence or hedge, which does not
conform to the foregoing provisions of this by-law, to be removed or replaced by a new
fence or hedge at the expense of the proprietor within a delay of fifteen days from a
notice in writing to the effect from the Building Inspector.
must have the finished side facing such street. Whenever any fence or hedge
The construction of a new fence along any street, avenue, road or public place writing to the proprietor of such fence or hedge to repair the same and make it conform to the provisions of the present by-law or to remove it altogether within a
congrin to ta oregoing provisions, the Baiting Insper may tve notice in delay of fifteen days.
| When any fence or wall or part of a fence or wall or any gate shall be or become so damaged or insuch need of repair by reason of fire or decay or otherwise as to be a likely cause or source of immediate danger to passers- by or to the public, such fence or wall or part thereof or such gate shall be deemed to be a nuisance and the Building Inspector, at the order of the Council, may give notice in writing to the proprietor of the immovable property on which such fence or wall or gate stands, or to the agent of such property to remove or demolish it or to repair it in conformity with the provisions of this By-law within a period of two days. | If such fence or wall or gate shall not be removed or demolished or repaired in conformity with the provisions of this By-law within two days after the service of the notice ordered as aforesaid, the Building Inspector may cause such fence or wall or part thereof or such gate to be demolished or removed and the cost of such work may be recovered from the owner of such immovable property. | (0) No one el re al piece in conformity win the Whenever any proprietor of a piece of land or a lot has been required and notified to construct, remove, replace or repair any fence or hedge as hereinbefore provided and neglects to do so, without prejudice to the right to recover the penalties hereinafter provided, the Council may authorize the construction, removal, replacement or repair or such fence or hedge under the supervision of the Building Inspector and the amount expended thereon shall be a special charge upon the lot or land of which such fence or hedge is a necessity and shall have the same privileges attached to and be recoverable from the proprietor as a special tax thereon. | Exemptions The provisions of this by-law shall not apply to the erection of fences for public safety by the Corporation of the Township of Emo or any local boards thereof, any public utilities commission, including Bell Telephone, Union Gas and Hydro One, and all boards of education. | Validity Where the provision of this by-law conflicts with the provision of another by-law in force within the municipality, the provision that establishes the higher standard to protect the safety of the general public shall prevail. | Should any section, subsection, clause or provision of this By-law be declared by a Court of competent jurisdiction to be invalid the same 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. |
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By-law No. 2007-36 cont'd:
Offence Any person who contravenes any provisions of this by-law is guilty of an offence and is liable to a fine as provided in the Provincial Offences Act.
This by-law shall come into full force and effect upon the final passing thereof.
READ A FIRST, SECOND AND THIRD TIME in open Council and finally passed the 16"h day of October, 2007.
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