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Fence By-Law 2009-45
1
THE CORPORATION OF THE MUNICIPALITY OF FRENCH RIVER
BY-LAW 2009-45
BEING A BY-LAW TO REGULATE THE ERECTION
AND MAINTENANCE OF FENCES WITHIN THE
MUNICIPALITY OF FRENCH RIVER
WHEREAS subsection 10(2) of the Municipal Act, S.O. 2001, c. 25 as amended to
October 22, 2008, provides that a municipality may pass by-laws respecting Structures,
including fences and signs;
AND WHEREAS, section 98 of the Municipal Act, S.O. 2001, c. 25 as amended to
October 22, 2008, provides that a municipality may provide that the Line Fences Act
does not apply to all or any part of the municipality, but despite such by-law being
passed, section 20 of the Line Fences Act continues to apply throughout the municipality;
AND WHEREAS, it is deemed expedient to exclude the Municipality of French River
from the provisions of the Line Fences Act, R.S.O. 1990, c.L.17, as amended;
NOW THEREFORE the Council of The Municipality of French River hereby enacts the
following:
SECTION I
DEFINITIONS
1.
In this by-law:
(a) "Municipal Law Enforcement Officer" means the officer in charge of the By-law
Enforcement of the Corporation of the Municipality of French River or his or her
authorized subordinates or assistants;
(b) "Chief Building Official" means the Chief Building Official appointed by Council
under the Building Code Act, S.O. 1992, c 23, as amended, or the person who is
appointed to act in that capacity during his or her absence;
(c) "Construct/erect" means to build, reconstruct or relocate, and includes any
preliminary physical operations such as cutting, grading, excavating, filing or
draining, or any altering of any existing fence by the addition, extension or any other
structural change;
(d) "Council" means the council of The Municipality of French River.
(e) "Existing" means existing as of the date of the passing of this by-law.
Fence By-Law 2009-45
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(f) "Fence" means a freestanding structure, other than a building, erected at grade for
the purpose of screening, safeguarding, delineating the boundaries of a property,
restricting ingress to or egress from a property, providing security or protection to
property.
(g) "Gate" means any swinging or sliding barrier used to fill in or close an access in a
fence.
(h) "Grade" means the elevation of the finished level of the ground adjoining the fence
exclusive of any artificial embankment or berms.
(i) "Hedge" means a continuous line of thick shrubs or trees, which is densely planted
and intended to be maintained at an even height.
(j) "Height" means the distance measured from the effective ground level where the
fence posts are embedded to the top of the said posts;
(k) "Highway" means a common and public highway or Municipal road, and includes
any bridges, trestle or viaduct or other structure forming part of the highway and
except as otherwise provided, includes a portion of a highway.
(l) "Lot line" means the boundary of a lot.
()
"Lot Line, Front" has the same definition as that in the Municipality's Zoning by-
law, as amended from time to time.
(m) "Non conforming" means a structure which does not conform, comply, or agree
with the regulations of this by-law on the date of its final passing thereof.
(n) "Non residential property" means land used for other than residential purposes and
includes land used for both residential and other purposes.
(o) "Officer" means a municipal law enforcement officer, a Chief Building Official, a
building inspector, a fire prevention officer, a fire fighter, a health inspector, or any
other person appointed or employed by the municipality for the enforcement of by-
laws and includes a peace officer;
(p) "Person" means an individual, group, firm, corporation, association or partnership.
(q) "Residential property" means land used for residential purposes and which are
appurtenant to and used or associated with a dwelling, and include vacant lands
abutting residential property.
(r) "Retaining wall" means any structure constructed of concrete, wood, stone, metal,
brick or other similar materials which are erected for the purpose of confining earth
material and which are of a maximum height of 1 meter.
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(s) "Municipality" means the Corporation of The Municipality of French River.
(t) "Yard, front" has the same definition as that in the Municipality's Zoning by-law,
as amended from time to time.
(u) "Yard, required" has the same definition as that in the Municipality's Zoning by-
law, as amended from time to time.
(v) "Yard, rear" has the same definition as that in the Municipality's Zoning by-law, as
amended from time to time.
(w) "Yard, side" has the same definition as that in the Municipality's Zoning by-law, as
amended from time to time.
(x) "Zoning by-law" means the Municipality of French River Zoning by-law 2003-23
as amended from time to time, or any version replacing the Zoning by-law 2003-23.
SECTION II
GENERAL REGULATIONS
2. (a) All persons erecting a fence or causing a fence to be erected shall be responsible
to ensure that they have a legal right to erect the fence on the proposed location.
The Municipality will not be involved in property ownership disputes regarding
property line location, private right-of-ways and easements.
(b) No person shall erect a fence or cause a fence to be erected unless the fence is
stable, vertical, made of material of good quality, suitable for the purpose, and
constructed and supported in a manner commensurate with the design of the entire
fence.
(c) Every person who erects a fence or causes a fence to be erected shall keep such
fence in good repair, in a safe and structurally sound condition, free from accident
hazards, and protected by paint, preservative or other weather resistant material,
except for wooden fences made of cedar, redwood or treated wood.
(d) No person shall erect a fence or cause a fence to be erected which is wholly or
partly constructed of barbed wire, chicken wire or other barbed or sharp materials,
which is constructed of demolition material, used or new metal roofing, used or
new corrugated tin or fibreglass, or the like, or which contains a device for
projecting an electric current.
(e) No person shall erect a fence or cause a fence to be erected on Municipal
property, including any public highway.
(f) No person shall erect a fence or cause a fence to be erected in any way that would
alter the existing grades or drainage patterns of the premises, and the
neighbouring properties, unless otherwise approved by a professional engineer.
Fence By-Law 2009-45
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(g) No person shall erect a fence or cause a fence to be erected unless the fence is
constructed and finished in such a manner as to present an acceptable finished
side toward the public highway and the neighbouring properties.
(h) Unsightly markings, stains or other defacements on the exterior surfaces of fences
shall be removed and the surface shall be refinished when necessary.
(i) No person shall erect or cause to be erected, on residential property or on lot lines
of non-residential property abutting residential property, a chain link or metal
wire fence that is not vinyl or powder coated.
(j) No fence shall be erected or cause to be erected which obscures a clear view at
street intersections, pedestrian or bicycle pathways, driveways, or other points of
ingress or egress of vehicular or pedestrian traffic or within the sight triangle as
per described in the Municipality's Zoning By-Law, as amended from time to
time.
(k) Notwithstanding the provisions of this by-law, any fence that is in existence prior
to the date of the enactment of this by-law and in compliance with other
applicable regulations including Municipality of French River by-laws, shall be
deemed to comply with this by-law and may be maintained with the same
material, height and dimensions as previously existed including any repair work
that may be done to such fence.
(l) No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintained any fence that may pose any risk of health, injury, or
accident hazard.
(m) No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintained any fence around a private outdoor swimming pool
unless the possession, erection, construction or maintenance of the fence is done
in compliance with all of the regulations of the Municipality of French River's
Swimming Pool Fence By-Law 2001-13, or any version replacing by-law 2001-
13.
SECTION III
CALCULATION OF HEIGHT
3. (a) The height of a fence at any given point shall be measured from the grade at the
base of the fence, as follows:
i) to the top of the fence where erected at grade and where there is no
grade difference between the two sides of the fence; or
ii) from the higher grade to the top of the fence where erected at grade and
there is a grade difference between the two sides of the fence.
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SECTION IV
SPECIFIC REGUALTIONS - RESIDENTIAL PROPERTY
4. (a) No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintained a fence on a lot used for residential purposes except in
accordance with all of the regulations of this by-law.
(b) No person shall erect a fence or cause a fence to be erected exceeding 2.13 metres
(7 feet) in height in any side yard or rear yard, or exceeding 1.2 metres (4 feet) in
height in any front yard.
(c) No fence shall be located or constructed so as to block access to a parking space
as required by the Municipality's Zoning By-law unless such fence is constructed
with a gate at least 2.59 metres (8.5 feet) wide giving access to such parking
space.
(d) Notwithstanding Subsection 4(b), where a property is abutting a non residential
property, and such fence is contiguous to the non-residential property, the height
of the fence shall not exceed 2.4 metres (8 feet).
(e) Fences around tennis courts, in other than a required front yard, may be erected to
a maximum height of 3.6 metres (12 feet).
(f) Notwithstanding Subsection 4(b), in a side yard or rear yard:
(i) gates may exceed the height restrictions by a maximum of 30.4 centimetres (1
foot); and
(ii) archways forming part of an entrance may exceed the height restrictions to a
maximum of 243.8 centimetres (8 feet);
(iii) decorative caps on structural posts may exceed the height restrictions to a
maximum of 15.2 centimetres (6 inches).
(g) No retaining wall exceeding 1 meter shall be erected or cause to be erected in any
side yard or rear year without respecting the provisions of the Ontario Building
Code. In such a case, a permit may be required from the Chief Building Official.
(h) Where the front yard abuts to a street, no person shall erect a fence or cause a
fence to be erected without respecting a 1 metre setback from the front lot line.
SECTION V
SPECIFIC REGUALTIONS - NON RESIDENTIAL
PROPERTY
5. (a) No person shall erect a fence or cause a fence to be erected exceeding 2.4 metres
(8 feet) in height in any side yard or rear yard, or exceeding 1.5 metres (5 feet) in
height in any front yard.
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(b) Where the front yard abuts to a street, no person shall erect a fence or cause a
fence to be erected without respecting a 1 metre setback from the front lot line,
unless a site plan agreement with the Municipality is agreed upon by both parties.
(c) Fences around tennis courts on lands used for non-residential purposes may be
erected to a maximum height of 4.2 metres (14 feet).
(d) No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintained any fence equipped with a device for transmitting an
electric current thereon or there through, except on agricultural land used for the
purpose of keeping livestock provided that the maximum electrical current does
not exceed 120 volts at .04 amps and complies with all other applicable
legislation.
(e) Notwithstanding Subsection 2(d) of this by-law, no person shall have, erect,
construct, maintain or permit to be erected, constructed or maintained any barbed
wire fence, except that barbed wire is permitted:
(i) on a fence erected on land used for agricultural purposes for the
keeping of livestock or for the protection of property;
(ii) on the top of a fence erected on a lot used for commercial or industrial
uses provided that it projects inwards to the area enclosed by the fence; or
(iii) on the top of a fence erected for security reasons around any facility
owned, operated or maintained by any level of government or a utility
provider.
SECTION VI
LINE FENCES ACT - DIVISION FENCES
6. (a) The Line Fences Act shall not be not apply to any part of The Municipality of
French River with the exception of section 20 of the Line Fences Act which
continues to apply throughout the municipality.
(b) Each of the owners of adjoining occupied land are to repair, replace or maintain a
just proportion of any division fence heretofore or hereafter erected which marks
the boundary of their respective properties, or are to bear a just proportion of the
cost of any work or erection, repair, replacement or maintenance which has been
carried out.
(c) Where owners of adjoining land cannot agree on the type or kind of fence to be
erected between them as provided by section 6(b) of this by-law, no contribution
to the cost thereof is to be payable unless the party erecting the fence constructs
a chain link fence 1.22 metres (4 feet) in height, which is in compliance with
Subsection 2(i) of this by-law. Only upon such fence being constructed will the
provisions of Subsection 6(b) of this by-law apply respecting the apportionment
of costs of the said fence.
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SECTION VII
INSPECTIONS
7. (a) Under the Municipal Act, 2001, S.O. 2001 c.25 section 436(1), an Officer of the
Municipality may, at any reasonable time, enter and inspect any land to determine
whether a by-law, order or a condition to permit is being complied with.
(b) For the purposes of an inspection, the Officer may:
(i) require the production for inspection of documents relevant to the
inspection;
(ii) inspect and remove documents or things relevant to the inspection for
the purpose of making copies or extracts;
(iii) require information from any person concerning a matter related to
the inspection; and,
(iv) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take photographs necessary for the
purposes of the inspection.
(c) A receipt shall be provided for any document or thing removed during an
inspection and the document or thing shall be promptly returned after the copies
or extracts are made.
SECTION VIII
ORDERS
8. (a) If an Officer is satisfied that this by-law has been contravened, the Officer may
make an order, known as an Order to Discontinue Activity, requiring the person
who contravened the by-law, or who caused or permitted the contravention, or
the owner or occupier of the land on which the contravention occurred, to
discontinue the contravention.
(b) An Order to Discontinue Activity shall set out:
(i) the municipal address of the property on which the contravention
occurred;
(ii) the date of the contravention;
(iii) the reasonable particulars of the contravention of the by-law; and
(iv) the date by which there must be compliance with the order.
(c) If an Officer is satisfied that a contravention of the by-law has occurred, the
Officer may make an order, known as a Work Order, requiring the person who
contravened the by-law or who caused or permitted the contravention or the
owner or occupier of the land on which the contravention occurred to do the work
to correct the contravention.
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(d) The Work Order shall set out:
(i) the municipal address or the legal description of the land;
(ii) reasonable particulars of the contravention and of the work to be done;
(iii) a deadline, being a specific date, for compliance with the Work Order;
and
(iv) a notice that if the work is not done in compliance with the Work
Order deadline, the municipality may have the work done at the
expense of the owner and the cost of the work may be recovered by adding
the amount to the owner's tax roll.
(e) An Order may be served personally on the person to whom it is directed or by
regular mail to the last known address of that person, in which case it shall be
deemed to have been given on the third day after it is mailed. Service on a
corporation can be effected by registered mail to the corporate mailing address.
(f) If the Municipality is unable to effect service on the owner under Subsection 8(e),
it shall place a placard containing the terms of the Work Order in a conspicuous
place on the land and may enter on the land for this purpose. The placing of the
placard shall be deemed to be sufficient service of the Work Order.
SECTION IX
REMEDIAL ACTION
9. (a) Every person who has, erects, constructs, maintains, or permits to be erected,
constructed or maintained any fence that does not comply with the provisions of
this by-law shall forthwith take any necessary action to ensure that the fence
complies with the provisions of this by-law.
(b) In default of the work required by this by-law or by a Work Order not being done
by the person directed or required to do it, the Municipality may in addition to all
other remedies it may have, do the work or cause the work to be done at the
person's expense and may enter upon land, at any reasonable time, for this
purpose.
(c) The municipality shall recover all costs and expenses associated with actions
taken and work done to land under this by-law in a manner provided by statute,
whether by action or by adding the cost to the tax roll and collecting the cost in
the same manner as the taxes.
(d) The amount of the costs, including interest, constitutes a lien on the land upon
the registration in the proper Land Registry Office of a notice of lien. The lien is
in respect of all costs that are payable at the time the notice is registered. Upon
receiving payment of all costs payable, the Municipality shall register a discharge
of the lien in the proper Land Registry Office.
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SECTION X
OFFENCES
10.(a) Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to the penalties prescribed under the
Provincial Offences Act, R.S.O. 1990, c.P 33, as amended.
(b) No person shall hinder or obstruct an Officer, appointed under this by-law or
employed to enforce this by-law, from carrying out an inspection of lands, nor
shall any person obstruct any employee or agent authorized to carry out the work
for the municipality in an order issued hereunder.
SECTION XI
SEVERABILITY
11. (a) It is hereby declared that each and every of the foregoing provisions of this by-
law is severable and that, if any provision of this by-law should for any reason be
declared invalid by any Court, it is the intention and desire of this council that
each and every of the then remaining provisions hereof shall remain in full force
and effect.
SECTION XII
ENACTMENT
12. (a) This by-law shall be known as the "Fence By-Law".
(b) This by-law comes into force and effect on the date of its passing and enactment.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
23rd DAY OF SEPTEMBER, 2009