By-law 2003-57 (as amended by By-law 2011-10) - Fence By-law
Tecumseh, Ontario
· adopted 2003-08-12
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THE CORPORATION OF THE TOWN OF TECUMSEH
BY-LAW 2003-57 as amended by
BY-LAW 2011-10
Being a by-law to provide for the regulation
of fences within the municipality.
WHEREAS, Section 8 of the Municipal Act, S.O. 2001, c.25 states 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, Section 9 (3) of the Municipal Act, S.O. 2001, c.25 states that a by-
law under section 11 respecting a matter may (a) regulate or prohibit respecting the matter; and
(b) as part of the power to regulate or prohibit respecting the matter, require persons to do
things respecting the matter, provide for a system of licences, permits, approvals or
registrations respecting the matter and impose conditions as a requirement of obtaining,
continuing to hold or renewing a licence, permit, approval or registration;
AND WHEREAS, Section 10 (1) of the Municipal Act, S.O. 2001, c.25, provides that a
by-law may be general or specific in its application and may differentiate in any way and on
any basis a municipality considers appropriate;
AND WHEREAS, pursuant to Section 11 of the Municipal Act, S.O. 2001, c.25, a
single tier municipality may pass a by-law within the Structures including fences and signs,
sphere of jurisdiction, for the regulation of fences;
AND WHEREAS, Section 98(1) of the Municipal Act, S.O. 2001, c.25, provides that a
local municipality may provide that the Line Fences Act does not apply to all or any part of the
municipality;
AND WHEREAS, the Council of the Corporation of the Town of Tecumseh considers
it desirable to pass such a by-law;
NOW THEREFORE, the Council of the Corporation of the Town of Tecumseh,
hereinafter referred to as the Town enacts as follows:
TABLE OF CONTENTS
PAGE
SECTION 1 - DEFINITIONS
1
SECTION 2 - GENERAL
2.1
Short title
4
2.2
Application
4
2.3
Line Fences Act deemed not to apply
4
2.4
Conformance to other law
4
2.5
Existing Fences
4
2.6
Exemption
4
2.7
Exemption
4
2.8
Exemption by agreement
4
2.9
Validity
5
2.10
Repeal of existing by-laws
5
2.11
Effective date
5
SECTION 3 - ADMINISTRATION AND ENFORCEMENT
3.1
Administrator
5
3.2
Entrance upon lands
5
3.3
Fence permit required
5
3.4
Issuance of Order
5
3.5
Remedial Action - Default of Order
5
3.6
Violations and penalties
5
3.7
Part 1 Violations and penalties
5
SECTION 4 - FENCING GENERAL
4.1
Fence Permit Requirements
6
4.2
Application of all applicable law
6
4.3
Minimum fence height
6
4.4
Prohibition of barbed wire
6
4.5
Fences at intersections
6
4.6
Structure of fences
6
4.7
Safety of fences
6
4.8
Fences causing obstructions
6
4.9
Inferior Appearance
6
4.10
Fences carrying an electrical charge
7
4.11
Swimming pools in front yards
7
4.12
Water in unenclosed pools
7
4.14
Requirements North Side of Riverside Drive
7
4.15
Hedges North Side of Riverside Drive
7
SECTION 5 - FENCING ON RESIDENTIAL PROPERTY
5.1
Maximum fence height side & rear yards
7
5.2
Maximum fence height in front yards
7
SECTION 6 - FENCING OF PRIVATELY - OWNED OUTDOOR SWIMMING POOLS
6.1
Provisions for swimming pool enclosures
7
6.2
Set back of enclosure from pool wall
8
6.3
Specifications for chain link construction
8
6.4
Specifications for vertical board construction
8
6.5
Specifications for construction of other materials
9
6.6
Gates
9
6.7
Incorporation of walls
9
6.8
Incorporation of decks and guards
9
6.9
Temporary fences permitted
9
6.10
Specifications for temporary fences
10
SECTION 7 - FENCES ON NON-RESIDENTIAL PROPERTY
7.1
Maximum height in side or rear yards
10
7.2
Maximum height in front yards
10
SECTION 8 - FENCING OF FARM PROPERTY
8.1
Fencing residential components
10
SECTION 9 - FENCING OF INDUSTRIAL PROPERTY
9.1
Maximum height in side or rear yards
10
9.2
Maximum height in front yards
10
SECTION 10 - ENTRY TO ADJOINING LANDS
10.1
Right to enter upon adjoining lands
11
10.2
Notice prior to entry
11
10.3
Requirement to leave lands in same condition
11
10.4
Right to civil damages
11
10.5
Prohibition re. construction on Town property
11
10.6
Requirement to remove
11
1
SECTION 1 - DEFINITIONS
1.1
In this By-law;
(a)
"agricultural property" means property zoned agricultural in the Town's
Zoning By-laws.
(b)
"established building line" means the straight line joining the nearest part of
the wall of the adjacent dwelling to the nearest point of the wall of the next
adjacent dwelling.
(c)
"exterior face" when used in conjunction with a fence means the outer side of
the fence by which a property boundary is defined or a pool enclosed.
(d)
"fence" means any structure comprised, of posts, boards, rails, wire, masonry,
plastic or other similar materials or any combination thereof used to define a
property boundary or to enclose or partially enclose any outdoor area or any
privately owned outdoor swimming pool and includes.
(e)
"fence height" means the vertical distance between the finished grade of the
ground and the top of the fence. Any fence post or any decorative fence post
feature may project a maximum of 20 centimeters ( 7.9 inches) above the
fence height. The fence gate shall not exceed the maximum permitted height
of the fence and any decorative gate feature located above the gate may
project a maximum of 50 centimeters (19.7 inches) above the maximum fence
gate height. The height of the fence shall be measured from the higher
adjacent grade where there is a grade difference on each side of the fence.
2
(f)
"guard" shall have the same meaning and requirements as found in the
Ontario Building Code., Ontario Regulation 403/97 as amended by O.Reg
22/98 and O.Reg. 102/98 and any subsequent amendments or regulations
thereto.
(g)
"industrial" / "business park property" means property zoned "industrial" or
"business park" in the Town's Zoning By-laws.
(h)
"non-residential property" means property zoned other than agricultural
residential, business park or industrial in the Town's Zoning By-Laws.
(i)
"owner" includes a tenant, lessee, registered owner, occupier or such other
person in charge of or in possession of property.
(j)
"person" includes a corporation and the heirs, executors, administrators or
other legal representatives of a person to whom the context can apply
according to law.
(k)
"privately-owned outdoor swimming pool" means any body of water in or
above the ground located outdoors on privately-owned property, contained by
artificial means and used and maintained for the purpose of swimming,
wading, diving or bathing but does not include an above ground wading pool
having a depth of .46 meters (18") or less.
(l)
"property" means real property located in the Town.
(m)
"property line" means the legal boundary of a lot.
(n)
"residential property" means land zoned residential in accordance with the
Town's zoning By-laws.
(o)
"residential component of a property" means the area of a property being
fenced for the purpose of enclosing or partially enclosing a residential use and
associated accessory uses in other than a residential zone.
(p)
"Town" means the Corporation of the Town of Tecumseh.
(q)
"yard, exterior side" means the side yard of a corner lot, immediately
adjoining a public street, which side yard extends from the front yard to the
rear property line between the exterior property line and the nearest wall of
the main building.
3
(r)
"yard, front" means the yard extending across the full width of a property
between the front property line and the nearest wall of the main building and
where a property has frontage on two or more streets, the front yard means the
yard between the shorter property line abutting a street and the nearest wall of
the main building.
(s)
"yard, required front" means the yard extending across the full width of a
property between the front property line and the minimum front yard distance
as determined from the Town's zoning by-laws. Where a property has
frontage on two or more streets, the required front yard means the yard
between the shorter property line abutting a street and the minimum required
front yard distance as determined from the Town's Zoning By-laws.
(t)
"yard, rear" means the yard extending across the full width of a property
commencing at the rear property line and extending to the rear wall of the
main building, or, in the case of a corner lot, the yard extending from the
exterior side yard to the side property line commencing at the rear property
line and ending at the rear wall of the main building; and,
(u)
"yard, interior side" means the yard between the side property line and the
main building between the front yard the rear yard.
INTERIOR LOT
CORNER LOT
4
SECTION 2 -GENERAL
2.1
This By-law may be referred to variously as the "Fencing By-law" or the "By-law".
2.2
The provisions of this By-law shall apply to all lands within the boundaries of the
Town as are now or hereafter legally constituted.
2.3
The provisions of the Line fences Act R.S.O. 1990 shall not apply to all lands within
the boundaries of the Town as are now or hereafter legally constituted.
2.4
Nothing in this By-law shall serve to relieve any person from the obligation to
comply with any other applicable law.
2.5
The provisions of this By-law shall not apply to a fence lawfully erected prior to the
final passing of this By-law.
2.6
The provisions of this By-law shall not apply to an acoustical fence or any other type
of fence which may be required by the Town or any other governmental authority,
whether by way of sight plan control agreement, development agreement, subdivision
agreement or otherwise.
2.7
The provisions of this By-law shall not apply to any fence constructed on, federal,
provincial or municipally owned property.
2.8
The Town may by agreement permit a fence that does not otherwise comply with the
provisions of this By-law.
VACANT LOT
5
2.9
If any court of competent jurisdiction finds any provision of this By-law is invalid or
is ultra vires of the jurisdiction of the Town, such provision shall be deemed to be
severable and shall not invalidate any of the other provisions of this By-law.
2.10
By-law 2000-45 as amended of the Corporation of the Town of Tecumseh is hereby
repealed.
2.11
This By-law shall come into force and effect when it is finally passed.
SECTION 3 - ADMINISTRATION AND ENFORCEMENT
3.1
The provisions of this By-law shall be administered by the Town's By-law
Enforcement Officers or any employee or agent of the Town acting under their
direction.
3.2
The By-law Enforcement Officers or any employee or agent of the Town acting under
their direction may enter upon lands and premises at any reasonable time for the
purpose of determining or effecting compliance with any provision of this By-law.
3.3
No person shall excavate for or erect, or cause to be excavated for or erected, a fence
unless he or she has first obtained a fence permit from the Town. The cost of which
shall be as provided for in the Town's Building By-law.
3.4
Where the By-law Enforcement Officers or any employee or agent of the Town
acting under their direction finds a violation of any provision of this By-law, the By-
law Enforcement Officer or any employee or agent of the Town acting under their
direction may issue an order to comply with this By-law.
3.5
Where a person is in default of an order issued pursuant to this By-law, such matter or
thing may be done by the Town at the person's expense and the Town may recover
the costs by action or by adding the costs to the tax roll and collecting the costs in the
same manner as taxes.
3.6
Every person who contravenes any provision of this By-law is guilty of an offence
and upon conviction thereof is liable to a fine in the maximum amount provided for
by the Provincial Offences Act, R.S.O. 1990, c.P.33, (hereinafter called the "Act") as
may be amended from time to time.
3.7
Notwithstanding the provisions of section 3.5 above, every person who contravenes
any provision of this By-law is guilty of an offence and can, at the option of the Town
be prosecuted pursuant to the provisions of Part 1 of the Act, and upon conviction
6
thereof is liable to a set fine as determined in accordance with the procedure
delineated in the Act and regulations passed thereunder.
SECTION 4 - FENCING GENERAL
4.1
Every application for a permit to construct a fence shall be made in the form
prescribed by the Town and shall be accompanied by the prescribed permit fee, a plan
showing the exact location of the fence in relation to the property lines and buildings,
and provide full details of the nature of the construction of the fence.
4.2
A fence permit shall not be issued by the Town unless the fence complies with all
applicable laws.
4.3
The minimum fence height on any property shall be 1 metre (3.3').
4.4
A fence shall not be constructed of any barbed wire.
4.5
No person shall erect, have, permit, construct, or maintain a fence located closer than
9 meters (29.5 feet) to an intersection. For the purpose of this subsection, intersection
shall mean the point of intersection of two or more property lines that abut a street.
4.6
Every fence shall be constructed of structurally sound material and shall be
constructed in accordance with standard building practices.
4.7
No person shall erect, have, permit, construct or maintain a fence that creates an
unsafe condition.
4.8
No person shall, erect, have, permit, construct or maintain a fence which, by reason
of location or design, obstructs the vision of drivers, either when leaving a roadway or
when entering a roadway from another roadway or driveway, or which obstructs or
detracts from the visibility or effectiveness of any traffic sign or control device on a
public street or which, for any other reason, constitutes a hazard.
Repealed and replaced by By-Law 2011-10 as follows:
Notwithstanding the provisions of paragraph 2.5, no person shall, erect, have,
permit, construct or maintain a fence which, by reason of location or design,
obstructs the vision of drivers, either when leaving a roadway from another
roadway or driveway, or which obstructs or detracts from the visibility or
effectiveness of any traffic sign or control device on a public street or which, for
any other reason, constitutes a hazard. For the purpose of this section a fence
shall include a row or hedge of closely planted trees, bushes or shrubs.
4.9
No person shall erect, have, permit, maintain or construct on any property a fence,
which has an inferior appearance or quality on the exterior side of the fence, which
faces an adjoining property. For the purposes of this subsection, the fact that the
horizontal or vertical fence support members are located on the side of the fence
7
facing the adjoining property shall not in and of itself be deemed to constitute an
inferior fence appearance or an inferior fence quality.
4.10
No person shall erect, have, permit, maintain or construct on any property a fence
carrying an electrical charge. Notwithstanding the above on agriculturally zoned
property an approved electrical fence shall be permitted for the enclosure of livestock.
4.11
Notwithstanding anything in this By-law to the contrary, where a swimming pool is
located in a front yard, the provisions for the fencing of a swimming pool required by
Section 6 of this By-law shall apply.
4.12
No person shall place water in or cause water to be placed in a privately-owned
outdoor swimming pool or allow water to remain therein until such time a fence in
accordance with Section 6 has been erected.
4.13
The provisions of Section 5 of this By-law shall apply when a fence is erected to
delineate the residential component of a property.
4.14
The maximum fence height shall be 1.22 meters (4.0 feet) north of the established
building line and the construction shall be of open chain link construction (or of
material similar in nature) for property fronting on the north side of Riverside Drive
irrespective of zoning classification.
4.15
For the purpose of 4.14 above a fence shall include a hedge of closely planted trees
bushes or shrubs and shall be a prohibited fence.
SECTION 5 - FENCING ON RESIDENTIAL PROPERTY
5.1
No person shall erect, have, permit, maintain or construct on any residential property
a fence greater than 1.9 meters (6.2 feet) in height in any interior side yard, exterior
side yard or rear yard
5.2
No person shall erect, have, permit, maintain or construct on any residential property
a fence greater than 1.22 meters (4.0 feet) in height in any front yard. For the
purposes of application of this provision on vacant lots the height restriction for front
yard fences shall commence at the point where the required front yard abuts the rear
yard.
8
SECTION 6 - FENCING OF PRIVATELY-OWNED OUTDOOR SWIMMING
POOLS
6.1
Every owner of a privately-owned outdoor swimming pool including pools in front
yards shall erect and maintain, or cause to be erected and maintained, a fence which;
a)
shall not be less than 1.22 meters (4.0 feet) in height and shall not exceed 1.9
meters (6.2 feet) in height,
b)
shall be constructed of chain-link, vertical board, iron, aluminum, plastic or a
combination thereof as provided in this By-law or such other material, design
or construction as will provide an equivalent degree of safety, and which is
approved, by the Chief Building Official of the Town,
c)
shall be constructed so that the distance between the finished grade of the
ground and the bottom of the fence does not exceed 10 centimeters (3.93
inches),
d)
shall completely enclose the pool and may include decks, walls and guards.
6.2
A swimming pool fence shall be set back a minimum distance of 1.2 meters (3.9 feet)
from the swimming pool wall;
6.3
A swimming pool fence if of chain-link construction shall;
a)
have a maximum 5.0 centimeter (2 inch) mesh consisting of 12 gauge
galvanized steel wire or 14 gauge steel wire covered with vinyl coating or
such other equivalent material ;
b)
have galvanized steel supporting posts spaced at no more than 3 meters (9.8
feet) intervals;
c)
have end posts and corner posts at least 4.8 centimeters (1.9 inches) in
diameter extended a minimum depth of .9 meters (3 feet) below grade encased
in concrete;
d)
have intermediate posts of at least 38 millimeters (1.5 inches) in diameter
extended a minimum depth of .9 meters (3 feet) below grade encased in
concrete; and
e)
have top and bottom rails made of galvanized steel pipe having a minimum
diameter of 3.2 centimeters (1.25 inches) it being understood that a galvanized
steel tension rod having a minimum diameter of .5 centimeters (.2 inches) may
be substituted for the bottom rail.
6.4
A swimming pool fence if of vertical board construction shall:
9
a)
have vertical boarding not less than 2.5 centimeters (1inch) by 10 centimeters
(4 inches) nominal spaced not more than 10.2 centimeters (4 inches) apart
attached to a top and bottom rail in such a manner as not to facilitate climbing
from the exterior face;
b)
be supported by posts not less than 10 centimeters (4 inches) by 10
centimeters (4 inches) nominal spaced not more than 2.5 meters (8.2 feet)
apart and extended a minimum depth of 1.2 meters (3.9 feet) below grade
encased in concrete;
c)
be treated with a wood preservative below grade or consist of pressure treated
wood below grade; and,
d)
have top and bottom rails not less than 5 centimeters (2 inches) by
10centimeters (4 inches) nominal;
6.5
A swimming pool fence if of construction other than chain-link or vertical board
construction shall:
a)
be constructed so that the rigidity of the fence is at least equal to that specified
for chain-link and vertical board construction;
b)
be permitted to have exposed structural or other members or parts thereof on
the outside of the fence attached in such a manner as not to facilitate climbing
from the exterior face;
c)
have a maximum of 10 centimeters (4 inch) openings in the fence or gates.
6.6
A swimming pool fence may incorporate one or more gates of equivalent material
and construction as the fence and every such gate shall:
a)
not be less than 1.22 meters (4.0 feet) in height;
b)
be supported by substantial hinges and equipped with self-closing and self-
latching devices placed at the top and on the inside of the gate.
6.7
A swimming pool fence may incorporate all or a portion of the wall of a building but
no entrance to the pool area shall be permitted through such wall unless the wall is set
back a minimum distance of 1.5 meters (4.9 feet) from the swimming pool wall.
6.8
A swimming pool fence may incorporate decks and guards constructed in such a
manner that the possibility of climbing from the exterior face is consistent with the
fencing provisions found in this section. The maximum height of an enclosure
constructed under this section shall be 2.3 meters (7.5 feet).
6.9
Notwithstanding the provisions of subsection 6.1 of this By-law, where by reason of
the nature of construction of a privately-owned outdoor swimming pool it is
necessary to fill the swimming pool with water during the construction of the
swimming pool, the owner, in lieu of constructing a swimming pool fence as
prescribed herein, may erect and maintain, or cause to be erected and maintained, a
10
temporary fence completely around the swimming pool until construction is
completed and, upon completion of such construction, the owner shall immediately
replace, or cause to be replaced, the temporary fence with a swimming pool fence as
prescribed in this By-law.
6.10
The temporary fence referred to in Subsection 6.9 of this By-law shall;
(a)
not be less than 1.22 meters (4.0 feet) in height;
(b)
be supported by steel T-bar posts spaced at no more than 3 meter (9.8 feet)
intervals;
(c)
have a 9 gauge galvanized steel wire located at the top and bottom of the
fence; and
(d)
be constructed of such other material that will provide an equivalent degree of
safety as approved, in writing, by the Chief Building Official of the Town.
SECTION 7 - FENCING OF NON-RESIDENTIAL PROPERTY
7.1
No person shall erect, have, permit, maintain or construct on any non-residential
property a fence greater than 2.2 meters (7.2 feet) in height in any interior side yard
exterior side yard or rear yard.
7.2
No person shall erect, have, permit, maintain or construct on any non-residential
property a fence greater than 1.22 meters (4.0 feet) in height in any front yard. For
the purposes of application of this provision on vacant lots the height restriction for
front yard fences shall commence at the point where the required front yard abuts the
rear yard.
SECTION 8 - FENCING OF AGRICULTURAL PROPERTY
8.1
No person shall erect, have, permit, maintain or construct a fence greater than 1.9
meters (6'2 feet) in height on land primarily used for farming or agricultural
purposes.
SECTION 9 - FENCING OF INDUSTRIAL / BUSINESS PARK PROPERTY
9.1
No person shall erect, have, permit, maintain or construct on any industrial property a
fence greater than 3.1 meters, (10.2 feet) in height in any interior side, exterior side or
rear yard
9.2
No person shall erect, have, permit, maintain or construct on any industrial property a
fence greater than 1.22 meters (4.0 feet) in height in any front yard. For the purposes
of application of this provision on vacant lots the height restriction for front yard
fences shall commence at the point where the required front yard abuts the rear yard.
11
SECTION 10 - ENTRY TO ADJOINING LANDS
10.1
Subject to Section 10.2 of this By-law, an owner or shared owner of any fence in the
Town or the agent or employee of such owner is hereby permitted to enter upon any
adjoining land for the purpose of making repairs, alterations or improvements to such
fence, but only to the extent necessary to effect such repairs, alterations or
improvements.
10.2
Except with the consent of the occupier of the adjoining land, no person shall enter
upon such adjoining property pursuant to Section 10.1 of this By-law without at least
48 hours before such entry, notifying the occupier of such adjoining property, where
such notification is capable of being given having regard to all the circumstances.
10.3
Every owner or occupant who enters upon any adjoining property pursuant to Section
10.1 of this By-law shall leave the property in the same condition it was in prior to
such entry.
10.4
Nothing in this By-law affects a right to bring a civil action for damages or otherwise
arising out of the entry upon any adjoining property.
10.5
No person shall, without having statutory authority so to do, erect, have, permit,
construct or maintain in or upon any street or highway in the Town any fence, pole,
post, pillar or wire or other construction.
10.6
Any fence, pole, post, pillar or wire or other construction erected, constructed or
maintained contrary to the provisions of Section 10.5 of this By-law shall be removed
by the person upon whom notice is served within 2 weeks after receipt of notice, in
writing, served upon the owner or occupier of the adjoining premises by registered
mail and in the event of non-compliance with such notice, a By-law enforcement
officer of the Town may cause the same to be removed at the expense of the said
owner or occupier and such expense shall be a debt due by such owner or occupier to
the Town and the same may be recovered in like manner as municipal taxes.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
12th DAY OF AUGUST, 2003.
_____________________________
___________________________
Ed Renaud, Mayor
Laura Moy, Clerk