By-law 94-64 - To Prescribe the Height and Description of Certain Fences
Peterborough, Ontario
· adopted 1994-05-02
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THE CORPORATION OF THE CITY OF PETERBOROUGH
BY-LAW NUMBER 94- 64
BEING A BY-LAW TO PRESCRIBE THE HEIGHT AND DESCRIPTION OF
CERTAIN FENCES IN THE CITY OF PETERBOROUGH
WHEREAS section 210, paragraph 25, of the Municipal Act R.s.o.
1990, c. M.45, provides that the Council of a municipality may pass
by-laws for prescribing the height and description of lawful
fences;
AND
WHEREAS
the Council of The Corporation of the City of
Peterborough deems it appropriate to pass a by-law to prescribe the
height and description of fences located in proximity to driveways
intersecting with highways within the City of Peterborough;
NOW
THEREFORE
THE
COUNCIL
OF
THE
CORPORATION OF
THE
CITY OF
PETERBOROUGH enacts as follows:
1.
DEFINITIONS:
In this By-law:
(a)
"driveway" means the travelled portion of a vehicular
access to a highway from adjacent lands;
(b)
"fence" includes:
(i)
any structure of wood, stone, metal or any other
material which has the function or effect of
dividing two areas of land one from another, either
physically or visually;
(ii)
any row, series or grouping of plants which has the
function or effect of dividing two areas of land
one from another, either physically or visually;
(c)
"flanking triangle" means a triangle composed on two
sides of lines measuring 3 metres in length, the first line
measured along a street line from its point of intersection
with a
driveway,
and the second line measured along the
driveway from its point of intersection with a street line.
The third side of the triangle is formed by connecting the end
points of the first two sides;
(d)
"highway" means a common and public highway, as defined
in the Municipal Act, and includes a street or bridge forming
part of a highway or on, over or across which a highway
passes;
(e)
"street line" means the boundary between a highway and a
lot.
2.
In determining whether a particular structure or row, or
series of grouping of plants has the function or effect of dividing
two areas of land one from another, either physically or visually,
the ownership of the two areas of land in question is not a
relevant consideration.
3.
(a)
No person shall erect, maintain or possess a fence in
such a manner or location as to obstruct the vision of the
driver of a vehicle entering a highway from a driveway.
(b)
A fence shall be deemed to be obstructing the vision of
the driver of a vehicle entering a highway from a driveway if
any portion of the fence located within a flanking triangle
exceeds 0.9 metres in height from grade level.
2
(c)
Notwithstanding anything contained in this by-law, a
chain
link
fence
located
within
a
flanking
triangle,
regardless
of its height,
shall not
be
deemed to
be
obstructing the vision of the driver of a vehicle entering a
highway from a driveway.
4.
This by-law shall not prevent the maintenance or possession of
a lawful fence which is located within a flanking triangle, where
the driveway in question is established or constructed subsequent
to the establishment or construction of the fence.
5.
Notwithstanding any other provision of this by-law, a fence
shall not be deemed to be obstructing the vision of the driver of
a vehicle entering a highway from a driveway if:
(a)
The fence is located in an area on a lot upon which the
construction of a building is permitted, pursuant to the
Zoning By-law of the city of Peterborough; or
(b)
The fence is required and approved by the city of
Peterborough as a condition of development or redevelopment of
land.
6.
It is the express intention of the Council of The corporation
of the City of Peterborough that, should any section of this by-law
for any reason be held to be invalid, that section shall be deemed
to be severable and the remaining sections of this by-law shall
remain in effect until repealed.
7.
Any person who contravenes any provision of this by-law is
guilty of an offence and is liable, upon conviction, to a fine as
prescribed by applicable law for each offence, recoverable under
the provisions of the Provincial Offences Act.
BY-LAW read a first and second time this
2
day of
May
, 1994.
BY-LAW read a third time and finally passed this
2
day of
May
, 1994.
(Sgd)
John A. Doris
John A. Doris, Mayor
(Sgd) S. F. Brickell
Steven F. Brickell, Clerk
JWH:lf
"BYLAW\FENCE"