Pool Enclosure By-law 16-184 (Office Consolidation, January 2023)
Hamilton, Ontario
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Revised: January 2023
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CITY OF HAMILTON
By-law No. 16-184
BEING A BY-LAW TO REGULATE ENCLOSURES FOR PRIVATELY-
OWNED OUTDOOR POOLS,
REPEALING AND REPLACING BY-LAW NO. 03-125
OFFICE CONSOLIDATION
This By-law is a consolidated version and includes amendments made by the amending
by-laws listed on the following page. This consolidation is prepared for purposes of
convenience only and is not the official or legal version of the By-law. For accurate
reference to the By-law, certified copies should be obtained through the City Clerk's
Office.
Revised: January 2023
A by-law to regulate enclosures for privately-owned outdoor pools
Consolidated By-law No. 16-184
Incorporating amendments made by:
By-law No.
Effective Date:
16-184
June 22, 2016
By-law to regulate enclosures for privately-owned
outdoor pools
22-059
March 30, 2022
Amend by adding the following sections after
Section 21:
Horizontal Wood Fence
Glass Panel Fence
Other types of Fence Construction
Amend by deleting the title above Section 20 and
replacing with "Chain Link Fence"
Amend by adding the title "Vertical Wood Fence"
above Section 21
Revised: January 2023
CITY OF HAMILTON
CONSOLIDATED BY LAW NO. 16-184
Being a By-law to Regulate Enclosures for Privately-Owned Outdoor
Pools, Repealing and Replacing By-law No. 03-125
WHEREAS sections 8, 9 and 10 of the Municipal Act, 2001 authorize the City of Hamilton to
pass By-laws necessary or desirable for municipal purposes, and in particular paragraphs 6
and 10 of subsection 10(2) authorize By-laws respecting: the health, safety and well-being of
persons; and structures including fences;
AND WHEREAS section 8(3) of the Municipal Act, 2001, authorizes the City of Hamilton to
regulate or prohibit in respect of matters within its jurisdiction, including fences, and to require
persons to obtain permits and provide for a system of obtaining permits in relation to those
matters;
AND WHEREAS section 425 of the Municipal Act, 2001 authorizes the City of Hamilton to
pass By-laws providing that a person who contravenes a By-law of the City of Hamilton passed
under that Act is guilty of an offence;
AND WHEREAS the Municipal Act, 2001 authorizes the City of Hamilton, amongst other
things, to delegate its authority, to impose fees or charges on persons for services or activities
provided or done by or on behalf of it, to provide for inspections and inspection orders, and to
make orders to discontinue activity or to do work;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
DEFINITIONS
1.
In this By-law:
"City" means the geographical area of the City of Hamilton or the municipal
corporation as the context requires;
"construct", in all its forms, means to erect, install or materially alter;
"Director" means the Director, Building Division, Planning and Economic Development
Department and any successor or his or her delegate;
"effective ground level" means the highest level of the ground within 1.0 m
horizontally in any direction from the point being considered;
Revised: January 2023
"enclosure" means any one or more of a fence, wall or structure, including any door, gate or other
opening, which surrounds a pool and restricts access to the pool as permitted under sections 13
to 29 of this By-law;
"gate" means a barrier swinging on a vertical axis and includes a door to a structure or building;
"Officer" means the Director, a Building Inspector or a person appointed by Council
or by the Director for the enforcement or administration of this By-law and includes
a person employed by the City of Hamilton whose duties are to enforce or
administer this By-law;
"owner" includes:
(a)
a registered owner of land or the occupier of land on which a pool is being
constructed or is located;
(b)
a person for the time being managing or receiving rent for land on which a
pool is being constructed or is located, whether on the person's own account
or as agent for any other person, or the person who would receive the rent
if the land was let;
(c)
a person who takes possession of land on which a pool is being constructed
or is located under a charge or mortgage registered on title; and
(d)
a person authorized in writing by an owner under (a), (b) or (c) to act on
their behalf;
"permit", except where the context requires otherwise, means a permit issued under this By-law;
and
"pool" means a body of water that:
(a)
is located outdoors on private property;
(b)
is wholly or partially contained by artificial means; and
(c)
is capable, at any point, of holding water in excess of 0.6 m in depth;
including but not limited to a hot tub or landscape pond, but not including a body of water that:
(i)
is used for the purposes of, including but not limited to, providing
water to livestock or irrigation for crops, which are associated with
and located on land being used for farming;
(ii)
is on land zoned as rural or agricultural and is not capable, at any
point 2.0 m from an edge, of holding water in excess of 0.6 m in depth;
(iii)
is part of a golf course;
(iv)
is owned by any public or governmental entity, including but not
limited to an agency or authority;
(v)
is a river, lake, stream or other natural body of water;
(vi)
is a privately-owned stormwater management facility; or
Revised: January 2023
(vii)
is a rain barrel having a height of at least 1.0 m and with no opening
greater than 300 mm².
APPLICATION AND INTERPRETATION
2.(1) Despite the provisions of this By-law, an enclosure that was in existence prior to
the day of the passing of this By-law and was in compliance with a permit issued under
By-law No. 03-125, The Swimming Pool Enclosure By-law, or a predecessor By-law shall
be deemed to comply with this By-law for so long as the enclosure:
(a)
continues to be in compliance with the permit issued under By-law No. 03-125,
The Swimming Pool Enclosure By-law, or the predecessor By-law;
(b)
continues to be in good repair; and
(c)
is not replaced.
(2) Where an enclosure deemed to comply with this By-law under subsection 2(1) no longer
meets paragraph 2(1)(a), (b) or (c), this By-law applies to the enclosure or any
replacement enclosure.
3.
Despite the provisions of this By-law, a pool that was in existence prior to the day of the
passing of this By-law and did not require a permit under By-law No. 03-125, The
Swimming Pool Enclosure By-law, or a predecessor By-law shall be deemed to comply
with this By-law.
4.
In the event of a conflict between the provisions of this By-law and the provisions of any
other City By-law, the provisions of this By-law prevail.
GENERAL OBLIGATIONS AND PROHIBITIONS
5.(1) No person shall construct or permit to be constructed a pool unless a permit has
been issued.
(2) No person shall construct or permit to be constructed a pool or enclosure that is not in
compliance with all applicable provisions of:
(a)
this By-law;
(b)
other City By-laws, including but not limited to the Site Alteration By-law, the Site
Plan Control By-law and the Zoning By-laws;
(c)
a City development or redevelopment approval, including an approved grading
plan;
(d)
the Ontario Building Code; or
(e)
any other applicable legislation.
(3) No person shall place water in a pool or permit water to be placed in a pool unless an
enclosure is in place that:
(a)
has been inspected and approved by an Officer; and
Revised: January 2023
(b)
is in compliance with all applicable provisions of this By-law.
(4) Every owner shall apply for a permit under this By-law before constructing or permitting
the construction of a pool.
(5) Every owner shall maintain an enclosure in compliance with all applicable provisions of
this By-law and in good repair.
PERMIT PROCESS
Applications
6.
An owner shall apply for permit before constructing a pool or an enclosure by submitting
to the Director a completed permit application form and the application fee.
7.
The permit application form shall include:
(a)
two sets of scaled and dimensioned plans showing the location of the dwelling,
swimming pool, pool pump, filter equipment, the enclosure, all gates and any other
openings; and
(b)
where a pool is to be more than 0.5 m below the effective ground level, two copies
of a detailed grading and drainage plan prepared, stamped and signed by a
Professional Engineer Licensed in the Province of Ontario, an Ontario Land
Surveyor, Architect or Landscape Architect Licensed in the Province of Ontario.
8.
To determine compliance with this By-law, the Director may require that the owner:
(a)
submit additional plans or other information as part of the permit application form;
or
(b)
allow an Officer to inspect the land where the pool is being constructed.
9.
No permit shall be issued unless:
(a)
the permit application form is complete, including any additional plans or other
information if required under subsection 8(a);
(b)
an inspection is complete if required under subsection 8(b);
(c)
the pool and enclosure proposed in the completed permit application form is in
compliance with all applicable provisions of:
(i)
this By-law;
(ii)
other City By-laws including but not limited to the Site Alteration By-law, the
Site Plan Control By-law and the Zoning By-laws;
(iii)
a City development or redevelopment approval, including an approved
grading plan;
(iv)
the Ontario Building Code; and
(v)
any other applicable legislation.
Revised: January 2023
Permits
10.
Where the Director issues a permit, he or she may impose one or more conditions on the
permit to ensure that the pool and enclosure are constructed in compliance with all
applicable provisions of:
(a)
this By-law;
(b)
other City By-laws, including but not limited to the Site Alteration By-law, the Site
Plan Control By-law and the Zoning By-laws;
(c)
a City development or redevelopment approval, including an approved grading
plan;
(d)
the Ontario Building Code; and
(e)
any other applicable legislation.
11.
Conditions imposed on a permit by the Director may include but are not limited to
requirements that:
(a)
a temporary enclosure be constructed and maintained, including but not limited
to the amount of time it is may be in place;
(b)
an enclosure be inspected and approved by an Officer before water is placed in
the pool.
12.
A permit may be revoked by the Director if:
(a)
the permit was issued in error or on mistaken, false or incorrect information; or
(b)
construction of the pool and enclosure has not been completed within 12 months
from the date the permit was issued.
ENCLOSURES
General
13.
Unless otherwise permitted under this By-law, every owner shall construct and maintain
an enclosure that:
(a)
is a minimum of 1.5 m in height measured from the effective ground level on the
outside of the enclosure;
(b)
has no openings when all gates are closed allowing the passage of a spherical
object larger than 100 mm in diameter;
(c)
is located at least 1.0 m from nearest inside pool wall; and
(d)
has nothing against or near the enclosure that facilitates climbing the enclosure
or diminishes the structural integrity of the enclosure.
14.
Every fence and gate used as part of an enclosure which forms the part of the enclosure
that separates the pool from any dwelling on the same property shall be constructed of
open mesh chain link fence or equivalent open face construction that
Revised: January 2023
does not restrict visibility of the pool from any door or window that is located on the access
level of the dwelling, and which has a line of sight to the pool, and the materials used shall
comply with the provisions of this By-law.
15.
No owner shall construct or maintain an enclosure that is in whole or in part:
(a)
an overhead garage door;
(b)
a hedge or other vegetation;
(c)
barbed wire, chicken wire or any other barbed or sharp material; or
(d)
a conductor of electricity.
Landscape Ponds
16.(1) Despite section 13, an owner may construct and maintain a landscape pond with
a securely fastened grate or similar structure:
(a)
capable, at any point, of preventing a person of any size from descending to a
depth in excess of 0.6 m;
(b)
with openings of not more than 38 mm.
(2) Where a landscape pond cannot or is not constructed and maintained with a grate in
accordance with subsection 16(1), the owner shall construct and maintain an enclosure
that otherwise complies with this By-law.
Gates
17.
Every owner shall construct and maintain any gate to an enclosure with:
(a)
a self-closing device;
(b)
a self-latching device on the inside of the enclosure that is located at least 1.35 m
above the bottom of the enclosure;
(c)
a lock located on the inside of the enclosure; and
(d)
be of such construction and height that the gate otherwise complies with the
requirements of this By-law for the enclosure.
18.
Despite section 17, a secondary gate used occasionally to allow for the passage
of vehicles or equipment may be constructed and maintained with a lock located
on the inside of the enclosure.
19.
Every owner and every adult person in control of a pool shall ensure all gates to
an enclosure:
(a)
that are not secondary gates under section 18, are closed and locked at all times
except when the owner or a person with the owner's permission is entering, leaving
or using the pool; and
(b)
that are secondary gates under section 18, are closed and locked at all times
except when in use to allow for the passage of vehicles or equipment.
Revised: January 2023
Chain Link Fence (22-059)
20.
Every owner shall construct and maintain a chain link fence that forms all or part of an
enclosure with:
(a)
diamond mesh:
(i)
openings of not more than 38 mm; and
(ii)
of either 12 gauge galvanized steel wire or 14 gauge galvanized steel wire
covered with a vinyl or other approved coating which would give it a total
thickness equivalent to 12 gauge galvanized steel wire.
(b)
support posts:
(i)
of galvanized steel;
(ii)
at intervals of not more than 3.0 m;
(iii)
securely imbedded at least 1.2 m below grade or so as not to be frost
susceptible;
(iv)
encased in concrete below grade with at least a 50 mm cover on sides
and base;
(v)
which are end or corner posts, a minimum of 48 mm in diameter; and
(vi)
which are intermediate posts, a minimum of 38 mm in diameter; and
(c)
a horizontal top rail and bottom rail of galvanized or vinyl coated steel a minimum
of 32 mm in diameter.
Vertical Wood Fence (22-059)
21.
Every owner shall construct and maintain a vertical board fence that forms all
or part of an enclosure with:
(a)
boards:
(i)
of not less than 19 mm by 89 mm;
(ii)
attached to a top and bottom rail; and
(ii) spaced at not more than 38 mm or, if a board on board design,
at not more than 100 mm;
(b)
support posts:
(i)
at intervals of not more 2.4 m;
(ii)
securely imbedded at least 1.2 m below grade or so as not to be frost
susceptible;
(iii)
encased in concrete below grade with at least a 50 mm cover on sides
and base;
(iv)
made, below grade, of natural cedar, pressure-treated wood or treated
with a wood preservative that is acceptable to the Director; and
Revised: January 2023
(v)
a minimum of 89 mm by 89 mm square; and
(c)
a horizontal top rail and bottom rail of not less than 38 mm by 89 mm, and, where
the space between the boards is permitted to be greater than 38 mm, the top and
bottom rails shall be spaced to provide a minimum clearance of 1.2 m between the
rails.
Horizontal Wood Fence (22-059)
21A. Every owner shall construct and maintain a horizontal wood fence that forms all or part
of an enclosure with:
(a)
boards:
(i)
of not less than 19 mm by 140 mm;
(ii)
with no space between boards at time of installation;
(iii)
Offset or protruding not more than 15 mm from the board immediately
above of below; and
(iv)
not more than 2.4 metres in length;
(b)
a minimum 38 mm by 89 mm vertical intermediate support shall be installed
between the support posts so that there is not more than 1.2 m between a
support post and the intermediate support; and
(c)
support posts:
(i)
at intervals of not more 2.4 m;
(ii)
securely imbedded at least 1.2 m below grade or so as not to be frost
susceptible;
(iii)
encased in concrete below grade with at least a 50 mm cover on sides
and base;
(iv)
made, below grade, of natural cedar, pressure-treated wood or treated
with a wood preservative that is acceptable to the Director; and
(v)
a minimum of 89 mm by 89 mm square.
Glass Panel Fence (22-059)
21B. A glass panel fence system used in a swimming pool enclosure shall be designed by a
Professional Engineer Licensed in the Province of Ontario and shall be constructed in a
good, workmanlike manner as follows:
(a)
glass panels shall be located so there is no opening of more than 38 mm
between the panel and the post where horizontal elements are spaced less
than 1.2 m apart, and not more than 100 mm apart where horizontal elements
are spaced more than 1.2 m apart;
Revised: January 2023
(b)
horizontal elements shall be supported on substantial posts that are spaced
not more than 2.4 m apart, securely fastened to the ground and structurally
sound; and
(c)
glass panels used in swimming pool enclosures shall be safety glass of
laminated or tempered type conforming to CAN/CGSB-12.1-M "Tempered or
Laminated Safety Glass".
Other Types of Fence Construction (22-059)
22.
Every owner shall construct and maintain a wrought iron, aluminum, vinyl or
composite fence that forms all or part of an enclosure with:
(a)
sufficient strength to provide an effective enclosure;
(b)
for vertical fences, no openings allowing the passage of a spherical object
larger than 100 mm in diameter with a top and bottom rail at least 1.2 m apart;
(c)
for horizontal fences, no space between the boards, and a vertical
intermediate support shall be installed between the support posts so that
there is not more than 1.2 m between a support post and the intermediate
support; and
(d)
support posts:
(i)
at intervals of not more 2.4 m;
(ii)
securely imbedded at least 1.2 m below grade or so as not to be frost
susceptible; and
(iii)
encased in concrete below grade with at least a 50 mm cover on sides
and base.
Walls
23.
Every owner shall ensure all openings in a wall of a building or structure which
forms all or part of an enclosure, and could provide a means of ingress directory
into the swimming pool area, are protected by a door, window or other covering
and kept closed and locked at all times when such swimming pool is not under
competent supervision.
Above-Ground Pools
24.
Every owner shall construct and maintain their above-ground pool with:
(a)
a total combined height of the above ground pool walls and enclosure guard that:
(i)
is not less than 1.5 m in height; and
(ii)
does not facilitate climbing; and
Revised: January 2023
(b)
any area that provides access to the above-ground pool surrounded by an
enclosure which complies with the requirements for enclosures set out in this By-
law.
25.
Where an above-ground pool cannot or is not constructed and maintained in
accordance with section 24, the owner shall construct and maintain an enclosure
that otherwise complies with this By-law.
Revised: January 2023
Hot Tubs
26.(1) Every owner shall construct and maintain their hot tub with a rigid cover that is
capable of supporting a 90 kg load or meets the most up-to-date American Society for
Testing and Materials standard for hot tubs.
(2) Every owner and every adult person in control of a hot tub shall ensure that the rigid cover
under subsection 26(1) is securely fastened and locked to prevent access at all times
when the hot tub is not in use.
27.
Where a hot tub cannot or is not constructed and maintained with a rigid cover in
accordance with section 26, the owner shall construct and maintain an enclosure that
otherwise complies with this By-law.
Temporary Enclosures
28.(1) Every owner shall construct and maintain a temporary enclosure surrounding their
pool when the pool does not have, for any reason, an enclosure that otherwise complies
with this By-law.
(2) Unless otherwise authorized by the Director, a temporary enclosure is permitted for not
more than 7 consecutive days to allow time for the owner to construct and maintain a
permanent enclosure that complies with this By-law.
29.(1) Every owner shall construct and maintain a temporary enclosure with:
(a)
diamond mesh fencing:
(i)
with openings of not more than 38 mm;
(ii)
of either 12 or 14 gauge galvanized steel wire; and
(iii)
securely fastened to the support posts at 200 mm centres;
(b)
"T" support posts:
(i)
of steel;
(ii)
at intervals of not more than 2.4 m; and
(iii)
securely imbedded at least 300 mm below grade;
(c)
a horizontal top cable and bottom cable:
(i)
of 11 gauge steel; and
(ii)
threaded through the diamond mesh fencing and securely fastened to
each support post; and
(d)
no openings, when all openings that provide access are closed, allowing the
passage of a spherical object larger than 100 mm in diameter.
(2) Every owner and every adult person in control of a pool surrounded by a temporary
enclosure shall ensure that every opening providing access to the pool is closed and
Revised: January 2023
locked at all times except when the owner or a person with the owner's permission is
entering or leaving.
ADMINISTRATION AND ENFORCEMENT
General
30.
The Director is authorized to administer and enforce this By-law including but not limited
to:
(a)
arranging for:
(i)
the assistance or work of City staff, City agents or the assistance of police
officers;
(ii)
the making of orders or other requirements and the imposition of
conditions as authorized under this By-law;
(iii)
the obtaining of court orders or warrants as may be required;
(iv)
the commencement of such actions on behalf of the City to recover costs
or restrain contravention of this By-law as deemed necessary; and
(b)
prescribing the format and content of any forms or other documents required
under this By-law.
31.
The Director may assign Officers to enforce this By-law and Officers so assigned or
appointed by Council to enforce this By-law shall have the authority to:
(a)
carry out inspections;
(b)
make orders or other requirements as authorized under this By-law; and
(c)
give immediate effect to any orders or other requirements made under this By-
law.
32.
The Director may assign duties or delegate tasks under this By-law to be carried out in
the Director's absence or otherwise.
33.
The Director may approve an enclosure that does not comply with sections 13 to 29 of
this By-law where the Director determines that the enclosure would provide an equivalent
or greater degree of safety.
Fees
34.
All fees referred to in this By-law shall be as set out in the City's User Fees and Charges
By-law, or as otherwise set and approved by Council from time to time.
Entry and Inspections
35.
An Officer may enter on land at any reasonable time and in accordance with the conditions
set out in sections 435 and 437 of the Municipal Act, 2001 for the purpose of carrying out
an inspection to determine whether or not the following are being complied with:
Revised: January 2023
(a)
this By-law;
(b)
a direction or order made under this By-law;
(c)
a permit issued under this By-law; or
(d)
an order made under s. 431 of the Municipal Act, 2001.
36.
An Officer may, for the purposes of the inspection under Section 35 and in accordance
with the conditions set out in section 436 of the Municipal Act, 2001:
(a)
require the production for inspection of documents or things relevant to the
inspection;
(b)
inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c)
require information in writing or otherwise as required by the Officer from any
person concerning a matter related to the inspection; or
(d)
alone or in conjunction with a person possessing special or expert knowledge,
make examinations or take tests, samples or photographs necessary for the
purposes of the inspection.
37.
An Officer may undertake an inspection pursuant to an order issued by a provincial judge
or justice of the peace under Section 438 of the Municipal Act, 2001, in accordance with
the conditions set out in that section, where he or she has been prevented or is likely to
be prevented from carrying out an inspection under Sections 35 and 36.
Orders including Delivery
38.
If an Officer is satisfied that a contravention of this By-law has occurred, he or she may
make an order requiring the person who contravened the By-law or who caused or
permitted the contravention or the owner or occupier of the property on which the
contravention occurred to discontinue the contravening activity.
39.
An order under Section 38 shall set out:
(a)
reasonable particulars of the contravention adequate to identify the contravention
and the location of the property on which the contravention occurred; and
(b)
the date or dates by which there must be compliance with the order, which may be
of immediate effect should the Officer determine that the circumstances warrant.
40.
If an Officer is satisfied that a contravention of this By-law has occurred, he or she may
make an order requiring the person who contravened the By-law or who caused or
permitted the contravention or the owner or occupier of the property on which the
contravention occurred to do work to correct the contravention.
41.
An order under Section 40 shall set out:
Revised: January 2023
(a)
reasonable particulars of the contravention adequate to identify the contravention
and the location of property on which the contravention occurred;
(b)
the work to be completed;
(c)
the date or dates by which the work must be completed; and
(d)
notice that if the order is not complied with, then the work may be done at the
expense of the owner.
42.
Delivery of an order to discontinue a contravening activity made under Section 38 or an
order to do work made under Section 40 may be given personally or by registered mail to
the last known address of:
(a)
the owner; and
(b)
such other persons affected by the order as an Officer determines.
Delivery by registered mail shall be deemed to have taken place five business days after
the date of mailing.
43.
In addition to delivery in accordance with Section 42, an order to discontinue contravening
activity made under Section 38 or an order to do work made under Section
40 may be delivered by an Officer placing a placard containing the order in a conspicuous
place on the property where the contravention occurred.
44.
Where delivery cannot be given in accordance with Section 42, sufficient delivery is
deemed to have taken place when given in accordance with Section 43.
45.
Where a time frame is set out in an order for carrying out any action, an Officer may
extend the time for compliance beyond the established time frame provided such
extension is required and is acceptable to the Officer.
City Carrying Out Work
46.
Where a person does not comply with a direction or a requirement, including an order,
under this By-law to do a matter or thing, the Director, with such assistance by others as
may be required, may carry out such direction or requirement at the person's expense.
47.
Where the costs of doing a matter or thing Section 46 are estimated to be:
(a)
less than $10,000, the Director may proceed without further approval and in
accordance with the City's Procurement Policy; or
(b)
$10,000 or more, the Director may proceed with approval of an authorized person
or of Council and in accordance with the City's Procurement Policy.
48.
The City may recover the costs of doing a matter or thing under Section 46 by action or
by adding the costs to the tax roll and collecting them in the same manner as property
taxes and such costs shall include an interest rate of 15 per cent commencing on the day
the City incurs the costs and ending on the day the costs, including the interest, are paid
in full. The amount of the City's costs, including interest to the date payment is
Revised: January 2023
made in full, constitutes a lien upon the land, upon the registration of a
notice of lien upon the land.
Penalties
49.
Every person who contravenes any provision of this By-law, and every
director or officer of a corporation who knowingly concurs in the
contravention of this By-law by the corporation, is, upon conviction, guilty of
an offence and is liable:
(a)
on a first conviction, to a fine of not more $10,000; and
(b)
on any subsequent conviction, to a fine of not more than $25,000.
50.
Despite Section 51, where the person convicted is a corporation,
(a)
the maximum fines in Subsection 49(a) are $50,000; and
(b)
the maximum fines in Subsection 49(b) are $100,000.
51.
Where a person has been convicted of an offence, the court in which the
conviction has been entered and any court of competent jurisdiction
thereafter may, in addition to any other remedy and to any penalty imposed
by this By-law, make an order prohibiting the continuation or repetition of
the offence by the person convicted.
GENERAL PROVISIONS
52.
By-law No. 03-125 is repealed as of the day on which this By-law comes
into force.
53.
This By-law may be referred to as the Pool Enclosure By-law or the
Hamilton Pool Enclosure By-law.
54.
If a court of competent jurisdiction declares any provision of this By-law
invalid, it is the intention of Council that the remainder of the By-law shall
continue to be in force.
55.
This By-law comes into force on January 1, 2017.
PASSED this ____ day of ____.
F. Eisenberger
Mayor
R. Caterini
City Clerk