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BILL NO. 2012.85
THE CORPORATION OF THE TOWNSHIP OF RAMARA
BYLAW NUMBER 2012.90
BEING A BYLAW TO PRESCRIBE THE HEIGHT AND DESCRIPTION OF
LAWFUL FENCES WITHIN THE TOWNSHIP OF RAMARA
WHEREAS the Municipal Act, 2001 (the Act) provides that a municipality has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS subsection 10(1) of the Municipal Act, 2001 provides that a
municipality may provide any service or thing that the municipality considers
necessary or desirable for the public;
AND WHEREAS paragraph 10 of subsection 10(2) of the Municipal Act, 2001
provides that a municipality may pass by-laws respecting Structures, including
fences and signs;
AND
WHEREAS
Section
391
of the
Municipal
Act (Ontario),
Council
is
empowered to pass By-laws imposing fees or charges on any class of persons
for services or activities provided or done by or on behalf of it;
AND WHEREAS Council of the Corporation of the Township of Ramara passed
Bylaw 1998.46 regulating fences in the Township and further amended it by
Bylaw 2002.85;
AND WHEREAS Council of the Corporation of the Township of Ramara deems it
expedient to repeal and replace Bylaw 1998.46 to increase the height of an
allowable fence;
NOW THEREFORE the Council of the Corporation of the Township of Ramara
enacts as follows:
1.
DEFINITIONS
1.1
Closed fence shall mean any fence that does present 10% or greater
surface measure of resistance to wind for the full height and length of the
fence or any part thereof;
1 .2
Construct shall include erect, install, extend, alter or repair;
1.3
Corner lot shall mean:
I)
a lot situated at the intersection of and abutting on two or
more streets; or
ii)
a lot abutting on one or more parts of the same street or two
or more streets in which an interior angle of less than 135
degrees is contained by the two straight lines which join the
foremost point of the lot with the two points at which the lot
lines meet the street or streets;
1.4
Corporation means The Corporation of the Township of Ramara;
1.5
Daylighting
Triangle
shall
mean
that area
which
is
determined
by
measuring from the point of the intersection of street lines on a corner lot,
3 metres along each street line and joining such points with a straight line
and the triangular shaped land so enclosed form the daylighting triangle;
1.6
Divisional fence shall mean a fence between one owner's land and
another owner's land;
1.7
Open fence shall mean any fence that does not present more than 10%
surface measure of resistance to wind for the full height and length of the
fence or any part thereof;
1.8
Township shall means the geographic limits of the Township of Ramara;
2.
SCOPE
2.1
The regulations bylaw shall apply to the Township of Ramara.
3.
REGULATIONS
3.1
No person shall construct or cause to be constructed a closed fence which
exceeds 1.9 metres (6'.2") in height at any point measured from ground
level;;
3.2
No person shall construct or cause to be constructed an open fence which
exceeds 3.1 metres (10') in height at any point measured from ground
level;
3.3
Notwithstanding the foregoing, no person shall construct or cause to be
constructed any fence within a daylighting triangle that exceeds 1.0 metre
if a closed fence and 1.3 metres if an open fence in height at any point
measured from ground level;
3.4
Nothing herein this bylaw shall vary any award made by the Fence
Viewers on the Township.
3.5
No person shall erect, use, or cause to be used any barbed wire on any
fence that is an area zoned residential by the Zoning Bylaw or is common
to a residential zone boundary;
3.6
No person shall within the Township of Ramara erect, use or cause to be
used any barbed wire on any fence or to construct a fence solely of
barbed wire except as permitted hereafter;
i)
any lands zoned agricultural or rural by the Zoning Bylaw
where farming is conducted;
ii)
any
security
fence
in
an
area
zoned
Commercial,
Community Facility, Industrial or Institutional provided the
barbed wire is a minimum of 23 metres above grade
3.7
Nothing herein this bylaw shall prevent the maintenance or repair of a
fence if the same was in existence at the time of the passing of this bylaw
and was at the time of its construction in compliance with all bylaws of the
Township.
3.8
All fences shall be constructed and maintained to be rigid and be able to
resist any reasonable lateral forces that may be applied to the fencing
material.
4.
ENFORCEMENT
4.1
The Council herewith appoints the Township Bylaw Enforcement Officer
as the Inspector to enforce the regulations of this bylaw.
4.2
Where a fence is found to be under construction and appears not to be in
compliance with this bylaw and a Provincial Offences Officer or employee
of the Township requests construction stopped until it can be determined
that work which is required to comply to this bylaw, and work continues in
non-conformity to this bylaw, the owner of the fence will be charged a re
inspection fee of $50.00 for each re-inspection by the officer or Township
employee to inspect the continuation of the work on the non-conformity.
4.2
Every person who contravenes the provisions of this bylaw is guilty of an
offence and upon conviction is liable to a fine or penalty as provided by
the Provincial Offences Act, R.S.O. 1990, Chapter P.33, Section 61.
4.3
Where a conviction is entered under this section of the bylaw, in addition
to any other remedy or penalty provided by law, the court in which the
conviction has been entered and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of
the offence by the person convicted.
7.
ENACTMENT
7.1
That
Bylaw
1998.46 and
Bylaw 2002.85 are
hereby repealed
and
replaced.
7.2
That this bylaw shall come into force and take effect on the date of
passing.
BYLAW READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED
THIS 19
TH DAY OF NOVEMBER, 2012.
/3Lt
WILLIAM P. DUFFF'vj, MAYOR
JANICE
. MCKINNON, CLERK