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The Corporation of the Town of Minto
By-Law 00-59
Being a by-law to provide for the regulation,
erection and maintenance of fenies in the urban rãsidentiál areas of the
Town of Minto
whereas section 2r0 e5-30) of the Municipal Act, RSo, 19g0,M.45 and
amendment thereto, provides that councils ollocal municipalities may prescribe
the height, description and manner of building and maintaining fences.
And whereas it is deemed desirable to establish regulations concerning fences for
the Town of Minto.
Therefore the Municipal Council of the Corporation of the Town of Minto enacts
as lollows:
1' No person shall construct, erect, maintain, or keep within the urban residential
areas of the Town of Minto any hedge or any fence in contravention of the
provisions of this by-law unless such fence ãxisted prior to the passing of this
by-law and is not moved, artered or enrarged in any way.
2. For the purpose of this by-law, the following definitions shall apply:
a' "Fence" shall mean a structure of verticãl or horizontal members erected as
abanier, enclosure or demarcation along any street, highway or properry
line or separating or purporting to r"putuæ any parcel of lanâ from tire parcel
of land immediately adjacent thereto.
A fence may be constructed ofposts and boards, wood, steel, wire plastic,
fiberglass, concrete, stone, brick or any combination thereof.
b' "Fence Height" shall be the measurement from the base of the fence or
grade of the adjacent ground to the finished top of the fence.
In the case of the fence required to restrict access to a private swimming
pool, the minimum height required shall be as measured at the outside wall
or side of the required fence.
Where the fence required for a private swimming pool will abut an existing
embankment, retaining wall, climbable fence or oih., structure such that the
purpose of the fence is negated, the minimum separation of 1.5m is required.
Notwithstanding the above, where the grade at the fence location is irrågular,
the fence height shall be the measurement from the mean of the grade oithe
adjacent ground to the mean of the finished top of the fence.
c. "Farm fencett shall mean a fence erected for the purpose of containing
livestock, enclosing crops, water areas, woodlots, buitdings, fields or
laneways for the operation of agriculture.
d. o'Hedgett shall mean a continuous line of plantings or plant material, shrubs
or trees arranged to form a fence or boundary.
e. "Fence line" shall mean the fence line or location of the fence and shall be
as measured to the front or outside face of the fence or supports. Where a
fence is constructed on a property line, the outside face or front of the fence
shall be parallel to the property line and the vertical elevation of the fence
shall not exceed an angle of 90 "; the angle to be measured between the
vertical elevation and the property of the fence owner. For purpose of this
provision, the grade of the properly is to be assumed as level.
-J.
4.
2
f' 6.Established building line" shall mean the buitding line or building setback
as defined by the applicable zoningby-law.
g. o'Private outdoor swimming pool" shall mean a tank, structure or body of
water which may be used for swimming purposes and which has a porribl"
maximum depth greater than one half metre (0.5m) but shall not include an
existing natural body of water, a water course or a pond in the areas zoned
Agricultural and open Space in the applicable ,onlrgby-law.
h. "Urban residential area" shall mean the former Viltage of Clifford, Town
of Harriston, the Town of palmerston and Minto Highlãnd Estates.
A solid fence may be erected up to a maximum height of 2.0m if located back
of the front building line except in an industrial und.o*mercial zonewhen the
height shall be 3.0m. If located between the front building line and the srreet
line the maximum height shall be 0.9m in any zone.
A lattice, louvered or other open type of fence construction may be erected up
to a height of 2.0m if located back of the front building line or if b.t*..n the
front building line and the street line up to 0.9m in height except that afence
erected of chain link with a maximum height of 2.4mwill be pãrmitted when
used to enclose or protect a property for institutional, "o--"i"ial or industrial
purposes.
On a corner lot, within the triangular space formed by the outer edge of the
street pavement or curb line for a distance of 5.0m from their point of
intersection, no fence or hedge shall be erected or shall be maintained higher
than 1.0m as measured from the centre line of the road abutting such fenóe or
hedge.
6. Notwithstanding the provisions of Sections 3 and, 4 above, on a corner lot a
fence not exceeding 1.0m in height may be erected to the property line provided
the fence conforms to the provisions of Section 5 above.
7. Barbed wire may only be used on the top and to the inside of commercial and
industrial fences and on farm fences.
Fencing of Private Outdoor Swimming Pools
8. Notwithstanding the other provisions of this by-law, no person shall construct
or maintain a private outdoor swimming pool unless the pool, or the land on
which the pool is located is effectively fenced or enclosed in accordance with
the following provisions;
a. every fence shall be not less than 1.5m in height;
b. every fence shall be so constructed that all horizontal or diagonal structural
members shall be located on the inside or pool side of the fence;
c. every outside face of a fence shall be so constructed that it cannot be used in
a manner similar to a ladder. For the purpose of this section, a shadow-type
fence is deemed to comply, provided the horizontal members are 1.lm apart;
d. every fence shall be constructed so that the only means of entry is by gates
or doors of 1.5m in height. Each gate shall be equipped with a lock and kept
secured when the pool is not in use;
e. a dwelling, building or accessory building may be utilized to effectively
enclose any pool;
f. a hedge shall not be used as or considered to be a fence for the purpose of
this section,
5.
9' The provisions of this section shall not apply to any pool which is subject to rhe
regulations under the Public Health Act, RSO, lgg-0, Chapter 409, Seðtion 9,
paragraph 36.
l0'Notwithstanding the height restrictions of this by-law, nothing shall prevent a
salvage yard from erecting a fence up to a maximum height oî¡.0-.
1 1'Notwithstanding the provisions of this by-law, nothing shall prevent the
construction and maintenance of farm fences in areas zonedAgricultural or
Open Space, by the applicable zoningby_law.
Q
12'The use of any device for projecting an electric current through or in
conjunction with a fence is prohibited, except on farm fences in areas zoned
Agricultural by the zoning by-law.
13'The provisions of this by-law shall not apply to the erection of fences for public
safety by the Corporation of the Town oiMinto or any local boards thereóf, any
Public Utility Commission including telephone, gas and Ontario Hydro, all
Boards of Education and the County of Wellington.
l4.Any person who contravenes any provisions of this by-law is guilty of an
offense and is liable on conviction, to a fine of not more than two thousand
dollars ($2,000.00) exclusive of costs and recoverable under the provincial
Offences Act.
15.All fence by-laws passed by the previous village of clifford, Town of
Harriston, Town of Palmerston and Township of Minto become null and void
on the passing of this by-law.
16.This by-law shall come into effect upon final reading thereof.
Read a first and second time this l2th day of September 2000.
Read a third time this l2th day of September 2000.
Mayor - Wm. R. Lawless
law 00-59
Town of Minto
Set Fine Application
Part I Provincial Offences Act
Urban Fences
Note: The penaþ provision for the offences indicated above is section 61 of the
Provincial Offences Ac! R.S.O. 1990,c.p.33.
Column 1, Short form wording
Column 3, Set fine
Fail to properþ fence an urban private