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CITY OF HAMILTON BY-LAW 10-142
FENCE BY-LAW
Being a by-law to regulate fences and to repeal By-law No. 82-82 of the Town of
Ancaster, By-law No. 3823-89 of the Town of Dundas, By-law No. 96-27-F of the
Town of Flamborough and By-law No. 4054-94 of the City of Stoney Creek.
CONSOLIDATION
This By-law is a consolidated version and includes amendments made by those 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.
Fence By-Law No. 10-142
Page 2 of 10
THE FENCE BY-LAW
CITY OF HAMILTON
CONSOLIDATED BY-LAW NO. 10-142
Incorporating amendments made by:
By-law No.:
Effective Date:
Report No:
10-315
December 15, 2010
10-001 (PED10084b)
11-230
September 28, 2011
11-016 (PED10063d)
CITY OF HAMILTON
BY-LAW NO. 10- 142
Being a by-law to regulate fences and to repeal By-law No. 82-82 of the Town of Ancaster,
By-law No. 3823-89 of the Town of Dundas, By-law No. 96-27-F of the Town of
Flamborough and By-law No. 4054-94 of the City of Stoney Creek.
Fence By-Law No. 10-142
Page 3 of 10
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 paragraph 10 of
subsection 10(2) authorizes by-laws respecting fences;
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 further 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:
SHORT TITLE
1. This By-law may be referred to as the "Fence By-law" or the "Hamilton Fence By- law".
DEFINITIONS
2. In this By-law:
"building" means a structure, whether permanent or temporary, with walls or a roof or part
thereof, used or intended to be used for shelter, accommodation or enclosure of persons,
animals, goods or chattels;
"City" means the municipality of the City of Hamilton or the geographic area of the City of
Hamilton as the context requires;
"corner lot" means:
(a) lot situated at the intersection of two or more streets or a lot abutting on one or more
parts of the same street where such intersections have an angle of intersection of 135
degrees or less; or
(b)
a lot located on the curve of a street where the angle of intersection of the projected
tangents of the street line does not exceed 135 degrees;
"corner visibility triangle" means a triangular area formed within a corner lot by the
intersecting street lines or the projections thereof and a straight line connecting them
5.4 m from their point of intersection;
"Director" means the City's Director of Municipal Law Enforcement and his or her designate
or successor;
Fence By-Law No. 10-142
Page 4 of 10
"driveway visibility triangle" means a triangular area formed by the intersection of the
lateral limit of the travelled portion of the driveway and the street line or the projections
thereof and a straight line connect them 2.7m from their point of intersection;
"farm" means an agricultural operation as defined in the Farming and Food Production
Protection Act, 1998 and includes such an operation that is not carried on with the
expectation of gain but otherwise meets the definition in that Act;
"fence" includes:
(a) a railing, wall, line of posts, wire, gate, boards, pickets, latticework, or any combination
thereof, or other similar erection used for the purposes of enclosing or dividing in whole
or in part a lot, establishing a lot line or providing privacy; and
(b) a hedge or grouping of shrubs used for the purposes listed in subsection (a) located in
a corner visibility triangle or a driveway visibility triangle or within 3.0m of a street line,
but does not include:
(c) any vegetation, including a hedge or grouping of shrubs used for the purposes listed in
subsection (a), not located in a corner visibility triangle or a driveway visibility triangle
or within 3.0m of a street line; or
(d) a see-through screen erected to contain a recreational activity such as a chain-link
fence erected around a tennis court;
"height", unless otherwise defined in this By-law, means the vertical distance measured
between the finished ground adjacent to a fence and the highest point of the fence,
provided that where a fence is located on top of a retaining wall, "height" means the
vertical distance measured between the top of the retaining wall and the highest point of
the fence;
"lot" means a parcel of land which can be legally conveyed pursuant to the provisions of the
Planning Act;
"lot line" means the boundary of a lot including the vertical projection thereof;
"maintain" includes "have", "construct" or "repair";
"officer" means a person appointed by the City of Hamilton or assigned by the Director to
enforce this By-law;
"street" means a public highway or road allowance having a minimum width of 12.0m;
"street line" means any lot line that divides a lot from a street; and
"zone" means any land use zone established in the zoning by-laws of the City and passed
under the Planning Act or any predecessor or successor Act.
Fence By-Law No. 10-142
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PROHIBITIONS
3. (1) No person shall maintain or permit to be maintained a fence that does not comply with the
provisions of this By-law.
(2) No person shall maintain or permit to be maintained a fence:
(a)
exceeding a height of 2.0m on a lot in any zone or in the Niagara Escarpment
Development Area except on a lot:
i.
in an industrial zone; or
ii.
used as a farm;
(b) exceeding a height of 3.0m on a lot:
i.
in an industrial zone; or
ii.
used as a farm;
(c) located so as to obstruct a parking space required under the City's zoning by laws; or
(d) exceeding a height of 0.9m and located within:
i.
a corner visibility triangle or a driveway visibility triangle; or
ii.
3.0m of a front lot line.
(3) Despite subsection 2(a) but subject to subsections 2(c) and (d) a fence may be a
maximum of 2.4m in height, or where the fence is located on a deck or elevated platform,
2.0m in height measured vertically from the deck or elevated platform to the highest point
of the fence, provided that the fence is:
(a)
located at least 1.2m from a side lot line, not including a side lot line where a
common or party wall is located;
(b)
located at least 3.0m from a rear lot line; and
(c)
no more than 4.5m in length
(d)
in Ward 12, an extension to prevent deer from jumping over the fence may exceed
such a limit by a maximum of 0.4m, provided that:
i. the extension, not including support structure, is constructed of not more
than 4 horizontal lines of fencing wire or similar wire-like material; and
ii.
each line of fencing wire or similar wire-like material is a maximum of 1cm in
diameter
[As Amended: By-law 10-315 s.1}
Fence By-Law No. 10-142
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(4) Despite the limits on the height of a fence under subsections (2) and (3):
(a)
a gate may exceed such a limit by a maximum of 0.3m;
(b)
an archway forming an entrance to or exit may exceed such a limit by 0.4m;
(c)
a decorative cap or structural post may exceed such a limit by a maximum of
0.15 m.
(5) No person shall maintain or permit to be maintained a fence comprised of sheet metal or
corrugated metal panels on a lot in a residential zone or in the Niagara Escarpment
Development Control Area.
(6) No person shall maintain or permit to be maintained a fence comprised of barbed wire,
except:
(a)
for a fence on a farm for the keeping of livestock or the protection of livestock or
crops from animals;
(b)
on the top of a fence on a lot used for commercial or industrial purposes, provided
that the barbed wire is a minimum of 2.0m above the adjacent finished ground and
projects inwards towards the area enclosed by the fence; or
(c)
on the top of a fence erected for security reasons enclosing a facility owned or
operated by any level of government or a utility provider, provided that the barbed
wire is a minimum of 2.0m above the adjacent finished ground and projects inwards
towards the area enclosed by the fence.
(7) No person shall maintain or permit to be maintained a fence equipped to transmit an
electric current, except for a fence on a farm for the keeping of livestock or the protection
of livestock or crops from animals provided that the fence meets the requirements of any
applicable Canadian Standards Association Standard.
(8) No person shall maintain or permit to be maintained a fence on City property without the
prior permission of the City.
(9) No person shall maintain or permit to be maintained a fence that is hazardous to persons
or property.
Fence By-Law No. 10-142
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EXISTING FENCES
4. (1) Despite the provisions of this By-law, a fence that was in existence prior to June 9, 2010
and was in compliance with the applicable fence regulations in force under other City
by-laws at the time the fence came into existence, shall be deemed to comply with this
By-:-law for so long as such fence continues to be the same height, length and width and
comprised of the same material.
(2) If fence regulations under other City by-laws applicable to a fence were:
(a)
not in force at the time the fence came into existence; and
(b)
in force before the time the fence came into existence, then this By-law applies to
the fence.
DIFFERENT TREATMENTS
5. (1) Despite any provision of this By-law, in the event of conflict between this By-law and:
(a)
an agreement entered into with the City under sections 41 or 51 of the Planning Act
or any plan approved by the City, the agreement entered into with the City under
sections 41 or 51 of the Planning Act or any plan approved by the City prevails over
this By-law to the extent of the conflict;
(b)
a City zoning By-law, the City zoning By-law prevails over this By-Law to the extent
of the conflict; or
(c)
The Swimming Pool Enclosure By-law, The Swimming Pool Enclosure By-law
prevails over this By-law to the extent of the conflict,
but in all other respects, this By-law applies.
[As Amended: By-law 11-230 s.1}
ADMINISTRATION AND ENFORCEMENT
6. (1) The Director is assigned the responsibility of administering and enforcing this By-law and
may so assign duties to such persons as necessary to carry out the provisions of this By-
law.
(2) Persons appointed or assigned for the purposes of administering or enforcing this By law
are officers, have the authority to carry out the duties assigned to officers under this By-
law, and may enforce the provisions of this By-law.
(3) An officer may enter on a lot at any reasonable time for the purpose of carrying out an
inspection to determine whether or not the following are being complied with:
(a)
this By-law;
Fence By-Law No. 10-142
Page 8 of 10
(b)
a direction or order made under this By-law; or
(c)
a prohibition order made under s. 431 of the Municipal Act, 2001.
(4) An officer may, for the purposes of the inspection under subsection (3):
(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.
(5) Any cost incurred by the City in exercising its authority to inspect under paragraph (4)(d),
including but not limited to the cost of any examination, test, sample or photograph
necessary for the purposes of the inspection, shall be paid by the owner or occupant of
the lot where the inspection takes place.
(6) 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 where he or she has
been prevented or is likely to be prevented from carrying out an inspection under
subsections 6(3) and 6(4).
(7) 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 occupant of the lot on which the
contravention occurred to discontinue the contravening activity.
(8) An order under subsection (7) shall set out:
(a)
reasonable particulars of the contravention adequate to identify the contravention
and the location of the lot on which the contravention occurred; and
(b)
the date or dates by which there must be compliance with the order.
(9) 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 occupant of the lot on which the contravention
occurred to do work to correct the contravention.
Fence By-Law No. 10-142
Page 9 of 10
(10) An order under subsection (9) shall set out:
(a)
reasonable particulars of the contravention adequate to identify the contravention
and the location of lot on which the contravention occurred;
(b)
the work to be completed; and
(c)
the date or dates by which the work must be completed.
(11) An order to discontinue contravening activity made under subsection (7) or an order to do
work made under subsection (9) may be served:
(a) by regular mail to the last known address of the owner or occupant of the lot where
the contravention occurred;
(b) by an officer placing a placard containing the order in a conspicuous place on the
lot where the contravention occurred; or
(c)
personally on the owner or occupant of the lot where the contravention occurred.
(12) Where a person does not comply with a direction, an order or a requirement 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, order or requirement at the person's expense.
(13) The City may recover the costs of doing a matter or thing under subsection (12) 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 per year commencing
on the day the City incurs the costs and ending on the day the costs, including the
interest, are paid in full.
(14) The Director is authorized to give immediate effect to any direction, order or requirement
where the costs of carrying out the direction, order or requirement do not exceed
$10,000 and, where the costs do exceed $10,000, as the City's Council may authorize.
(15) Every person who contravenes any provision of this By-law or fails to comply with an
order made under this By-law is guilty of an offence and upon conviction is liable:
(a) on a first conviction, to a fine of not more than $10,000; and
(b) on any subsequent conviction, to a fine of not more than $25,000.
[As Amended: By-law 11-230 s.2}
(16) Despite subsection (15), where the person convicted is a corporation:
(a) the maximum fine in paragraph (15)(a) is $50,000; and
(b) the maximum fine in paragraph (15)(b) is $100,000.
Fence By-Law No. 10-142
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(17) 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.
TRANSITION, REPEAL, COMING INTO FORCE, ETC.
7. (1) All measurements in this By-law are given in the metric short form.
(2) If a court of competent jurisdiction declares any provision or provisions of this By-law
invalid, it is the intention of Council that the remainder of the By-law shall continue to be
in force.
(3) All prosecutions and other enforcement processes commenced under By-law No. 82- · 82
of the Town of Ancaster, By-law No. 3823-89 of the Town of Dundas, By-law No. 96-27-F
of the Town of Flamborough and By-law No. 4054-94 of the City of Stoney Creek, which
have not been completed on the day this By-law comes into force shall be completed
under those By-laws as if they had not been repealed.
(4) By-law No. 82-82 of the Town of Ancaster, By-law No. 3823-89 of the Town of Dundas,
By-law No. 96-27-F of the Town of Flamborough and By-law No. 4054-94 of the City of
Stoney Creek are repealed as of the day this By-law comes into force.
(5) This By-law comes into force on the date of its passing.
ED this 9th day of June, 2010
isenberger
Mayor