By-law 120 of 2023 (amends By-law 36 of 1994) - Pool Fence By-Law — full text

This is the exact embedded text of the captured official document. Snapshot bbe468ac7c62 · verified 2026-08-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION OF THE TOWN OF GODEMCH BY-LAW N0. 120 OF 2023 BEING A BY-LAW TO AMEND BY-LAW 36 OF 1994 TO PRESCMBE THE HEIGHT AND DESCMPTION OF FENCES WITHIN THE TOWN OF GODEMCH INCLUDING FENCES ENCLOSING PMVATELY OWNED OUTDOOR SWIMMING POOLS. WHEREAS pursuant to the Provisions ofthe Municipal Act R.S.O. 1990, Chapter M45, Section 210 (30) by-laws may be passed by Councils oflocal municipalities prescribing the height and description of lawful fences; AND WHEREAS it is deemed expedient to enact such a by-law. NOW THEREFORE, THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF GODEMCH ENACTS AS FOLLOWS: 1. CITATIONS AND DEFINITIONS 1.1. ShortTitle 1.1.1. This By-Law may be cited as "Pool Fence By-Law" 1.2. Defmitions In this By-Law, "Fence" metal or any combination thereof along any street, or separating or purporting to separate any parcel ofland from the parcel ofland immediately adjacent thereto. "Privately owned outdoor swimming pool" shall mean any privately owned, con- structed, or fabricated pool used for swimming, wading, diving, or bathing, which would, when filled contain a depth of60 cm. or more ofwater and whether or not the same is constructed above, at, or below ground level. 2. PROVISIONS 2.1. The maximum height ofa fence in the front plane ofthe house shall not exceed 1.30m. 2.2. Barbed wire may only be used on the top and to the inside offences enclosing commercial or industrial uses. 2.3. Fence must be aesthetically pleasing. 2.4. No signage or graffiti on any fence unless approved by the municipality. 2.5. On a comer lot, no fence or hedge shall be constmcted or maintained which obstructs the view ofa driver ofa vehicle approaching the intersection and which is located within 9 meters ofthe intersection ofthe intersecting property lines ofthe comer lot. 2.6. No fence or hedge be erected closer than one meter to a public sidewalk. 2.7. In the case ofa fence enclosing a privately owned outdoor swimming pool, the following shall apply: 2.7.1. That the owner, of any lands on which a privately owned outdoor swimming pool is located or erected in the Town ofGoderich shall, within 30 days of construction or prior to filling the pool with water, whichever occurs first, install and maintain in good order, a fence around the entire swimming pool area, the purpose of such fence being to render the pool area inaccessible to small children acting on their own. 2.7.2. The fence referred to in Subsection 5 (a) shall have no attachments on the exterior face such as horizontal or diagonal bracing, horizontal rails or other members which would facilitate climbing and the said fence shall honor the following specifications; 2.7.3. The owner ofany lands on which a private outdoor swimming pool is located shall ensure that the fence around said pool is maintained in accordance with provisions ofthis by law. a) The said fence shall have a minimum height of 1.50 meters with openings not greater than 100mm. b) That the proposed fence shall be approved by the Building Inspector. This approval shall be obtained by the owner before a Building Permit to install the desired pool may be issued. c) That the use ofbarbed wire in any manner connected with such fence or any devise for projecting electric current through such fence is prohibited. d) That gate or gates be equipped with a self-locking latch, which is inaccessible to small children, and shall be latched at all times. e) In the event that a pool is filled before the same is permanently fenced, a temporary fence, properly supported may be accepted for a period oftime not to exceed 30 days or at the discretion ofthe building inspector. Such Fence must meet all requirements of a pennanent fence and be inspected as well as approved by Building Inspector prior to filling ofpool. 3. POOL FENCE CERTIFICATES 3.1. That the owner ofany privately owned outdoor swimming pool which has not been fenced in accordance with the provisions ofthis by-law shall upon demand made whether orally or in writing by the Building Inspector ofthe Town ofGoderich forthwith drain the said pool and, ifthe said pool has not been drained within twelve hours. after delivery ofsaid notice, the servants or agents ofthe Corporation ofthe Town ofGoderich may enter upon the said land and drain the said pool at the owner's expense. 3.2. That the provisions ofthis by-law shall be applicable to all privately owned swimming pools constructed in the Town of Goderich, whether before or after the date ofthe final passing ofthis by-law and in the case ofall privately owned swimming pools constructed before the passing ofthis by-law, the owner thereof shall, within thirty days ofthe final passing ofthis said by-law, comply with the provisions thereof. Provided, however, that in the case of any privately owned outdoor swimming pool constructed prior to the final passing ofthis by- law, if such fence is found to be adequate for the protection of small children by the Building Inspector it shall be pennitted to remain or if such fence be found inadequate for such protection of small children, the owner thereof shall within thirty days ofdemand made on him by the building inspector, make such necessary changes as are necessary to ensure the safety of small children. 4. OFFENSE No person shall construct, install or maintain, within the Town ofGoderich, any fence or hedge in contravention ofthe provisions ofthis by-law. 5. ENFORCEMENT This Fence By-Law will be enforced by the Town ofGoderich ChiefBuilding Official and/or designate. 6. PENALTIES Any person who contravenes a portion ofthis by-law is guilty ofan offence and on conviction is liable for a fme as provided in Section 61 ofthe Provincial Offences Act. 7. GENERAL This by-law shall take effect as ofthe day ofits final passing and By-Law #70 of 1984 is hereby repealed. READ A FIRST AND SECOND TIME THIS 6TH DAY OF NOVEMBER 2023 READ A THIRD TIME AND FINALLY PASSED THIS 6 DAY OF NOVEMBER 2023 ^i^/yx (^7 /;^ CLERK, Andrea Fisher