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The Corporation of the Town of Erin
By-law No.10-52
A bylaw to regulate fences in the Town of Erin, and
exempt urban and hamlet areas from the Line
Fences Act, a¡so repeals Village of Erin Fence
By-law 91-21
WHEREAS the provisions of the Municipal Act, 2001 c. 25
which authorizes municipalities to pass byJaws respecting
fences;
And
Provision !8(1) which provides that the Line Fences Act does not apply to all or
any part of the municipality.
THEREFORE the council of the corporation of the Town of Erin enacts as
follows:
1) TITLE This By-Law may be referred to as ,,The Fence By-Law,'.
2) DEFINITIONS ln this By-Law;
chief Buitding official meansthe chief Building official for the corporation
of the Town of Erin and includes his designate;
driveway sight triangle means the triangular area measured 2 metres along
the frontage and lot boundary from the intersection of the lot boundary and i
highway when a driveway exists within 2 metres of the said intersectión.
electrical fence means a fence through which electricity passes;
erecú includes alter, construct, place, relocate and any work preparatory to
erection, and "erection" has a corresponding meaning;
fence includes a railing, wall, line of posts, wire, gate, boards or pickets or
other similar substance, used to enclose or dividé in whole or in part a yard or
other land, or to provide privacy;
height means the distance measured from this grade where the fence posts
are embedded to the top of the fence
highway includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or tresfle, any part of which is
intended for or used by the general public for the passage of vehicles and
includes the area between the lateral properly lines thereof.
/of means any parcel of land which can be alienated or othen¡¡ise disposed of
separately and apart from any abutting lands, whether or not such parcel is
described in a registered deed or shown on an registered plan of subdivision;
municipal law enforcement officer means the Municipal Enforcement
officer of the Town of Erin duly appointed by by-law to administer and enforce
the provisions of this by-law.
privacy screen means a visual barrier used to shield any part of a yard from
view from any adjacent lot or highway that includes shrubs, hedges'or
landscaping materials.
Section 11, 3, 7;
structures including
sight triangle means the triangular area measured 4.5 metres along the
frontage and flankage of a lot boundary abutting two highways in locãtions
where the site triangle has not been dedicated to the municiþality.
street line means the boundary between a highway and private land which
separates private land from an abutting highway;
yard is defined by The Town of Erin Comprehensive Zoning By-law
3) AUTHORITY; The Chief Building Official andior By-law Enforcement Officer
or designate shall be responsible for the administration and enforcement of
this By-Law.
4) GENERAL FENCE PROVTSTONS;
a) ln the Agricultural Zone, where the lot is less than t ha and in all
i) Maximum fence height in front yard -
.1.2 metres
ii) Maximum fence height in any yard other than a front yard - 2 metres
b) ln the Agricultural Zone where the lot is greater than t ha and in all Zones
other than Residential Zones;
i) Maximum fence height - 2.5 metres
c) No person shall install a gate within a fence that abuts an adjacent lot
without written authorization of the adjacent owner including lands owned
by governmental authority.
d) The provisions of this By-law do not apply to pool enclosures with the
exception of Section 4 c) & 5). Pool enclosures are regulated by the pool
Enclosures By-law 09-'14 or a successor thereof.
5) STGHT TRTANGLE OR DRIVEWAY STGHT TR|ANGLE.
No person shall erect or plant a fence or privacy screen or like items that
would obskuct street visibility in a sight triangle or driveway sight triangle.
6) FENCES WTH BARBED W|RE OR OTHER HAZARDOUS MATERTAL
a) No person shall erect on any lot a fence which contains, or is constructed
of any hazaidous material.
b) No person shall erect a barbed wire fenie on any lot where a residential
use is the main use of the lot.
7) ELECTRTCAL FENCES
An electrical fence using direct current may be erected on land while it is
being lawfully used for agricultural purposes, provided such fence:
a) has a maximum 12 volt trickle charge,
b) is designed and erected solely to contain animals;
"l
8) APPLTCATTON OF L|NE FENCES ACT
The Line Fences Act shall not apply to lands within the Urban Areas of
Hillsburgh and Erin or hamlets as designated n the Town of Erin Official Plan
except where the property boundary abuts an agricultural use.
9) APPLTCATTON OF THE FENCE BY-LAW
ln the event of a conflict between the provisions of the Fence Bylaw and
Province of Ontario or Federal regulations, the provisions of the Ontario or
Federal regulations shall prevail.
10)SEVERABtLTTY
When a Court of competent jurisdiction declares any section or part of a
section of this By-Law invalid, the remainder of this By-Law shall continue in
force unless the Court makes an Order to the contrary.
11) PENALTY
Every person who contravenes any provision of this By-Law is guilty of an
offence and on conviction under The Provincial Offences Act is liable to a fine
of not more than $2,000.00 exclusive of costs
12)VILLAGE OF ERIN By-Law 9l-21 is hereby repealed and replaced by this
By-law.
READ A FIRST AND SECOND TIME this August24,2010.
READ A THIRD TIME AND PASSED this August 24,2010.