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PROVINCIAL OFFENCES ACT
Part
1
IT
IS ORDERED
pursuant
to the provisions
of the Provincial
Offences
Act
and the rules for the Ontario Court of Justice that the amount set opposite
each
of the offences
in the schedule
of offences
under the
Provincial
Statutes and Regulations thereunder and Municipal By- law No. 63- 2021, of
the Municipality
of Thames Centre, attached
hereto are the set fines for
those offences.
This Order is to take effect September
9, 2021
Dated at London this 9th day of September 2021.
Jeanine E. LeRoy
Regional Senior Justice
West
Region
THE CORPORATION
OF THE MUNICIPALITY
OF THAMES
CENTRE
BY- LAW
NO. 63- 2021
Being a By-law to prescribe the heights, locations and
description
of lawful fences within the
Municipality of Thames Centre
FENCE
BY- LAW
WHEREAS pursuant to Section 11( 3) of the Municipal Act, 2001 , the municipality may
enact by- laws to regulate fences;
AND WHEREAS the Council of the Municipality of Thames Centre deems it
expedient and in the best interests of its residents to prescribe the heights, locations
and description
of lawful fences;
AND WHEREAS the Council of the Municipality of Thames Centre deems it
expedient and in the best interests of its ratepayers to regulate fences regarding
privately owned outdoor swimming pools;
AND WHEREAS section 425 of the Municipal Act, 2001 authorizes the
Municipality of Thames Centre to pass by- laws providing that a person who
contravenes a by-law of the Municipality of Thames Centre passed under that Act is
guilty of an offence;
AND WHEREAS the Municipal Act, 2001 further authorizes the Municipality of
Thames Centre, 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 Municipality of Thames Centre enacts
as follows:
1.
SHORT
TITLE
1. 1
This By- law shall be cited as the "Fence By- law"
2.
DEFINITIONS
2. 1 "
Boundary Fence" means any fence erected within 50 mm ( two inches) of
a property line.
2.2 " Grade Level" means the grade level of the centre of the travelled portion of any
roadway.
2. 3 "
Intersection" means the area embraced within the prolongation or
connection
of the lateral boundary lines of the roadway of two or more
roads which join one another at an angle, whether or not one highway
crosses the other.
2.4 " Front Yard, Rear Yard, Side Yard
and
Exterior
and
Interior Yard" shall
be as defined in municipality' s Zoning By-law.
2. 5 "
Fence" means any fence, wall ( other than a wall of a building) privacy screen or
gate which separates or divides any parcel of land or part thereof from any other
parcel of land or part thereof immediately adjacent to, which is erected and
maintained in accordance with the provisions of this by-law.
2. 6 " Municipality" means the Municipality of Thames Centre.
2. 7 " Officer" means a By- law Enforcement Officer, Building Inspector or Chief
Building
Official
as appointed by the Council
of the municipality.
By- law No. 63-2021
Page 2
2. 8 "
Pool Enclosure" means the required
barrier to restrict access to the swimming
pool area or yard and may include, but not limited to a fence, gate, building or
door.
2. 9 "
Privately owned outdoor swimming pool" means any swimming pool located on
private property under control of the owner or occupant the use of which is limited
to swimming
or bathing by members of their family or visitors.
2. 10 " Self-Closing device" means a mechanical device or spring which returns a gate to
its closed position immediately after opening.
2. 11 "
Self-Latching Device" Means a mechanical device or latch which is engaged each
time the gate it secures is closed; a self-latching device must not allow the gate to
be opened
by pushing or pulling, it must remain closed until unlatched
by lifting or
turning the device itself either directly or by a key.
2. 12 "
Site Visibility Triangle" shall be as defined in the municipality' s zoning by- law, and
shall be in accordance with the Section 6, General Provisions of the municipality's
zoning by-law.
2. 13 "
Swimming Pool" means any structure, basin, chamber or tank containing or
capable of containing
an artificial body of water for swimming, diving or
recreational bathing.
2. 14 " Zoning By- law' means the Municipality of Thames Centre Comprehensive Zoning
By- law currently in effect.
3.
GENERAL PROVISIONS
3. 1
The provisions of this by- law are to be enforced by an Officer.
3. 2
No person shall have, erect, construct, maintain, or permit to be erected,
constructed
or maintained
any fence that does not comply with the provisions
of
this by-law.
3. 3
With the exception
of Section 6 - Swimming Pool Fencing Requirements, of this
by- law, this by- law shall not apply to agricultural
uses.
3. 4
No person shall, without having authority so to do, erect, construct or maintain
on
or upon any street or highway in the municipality any fence, pole, post, pillar or
wire or other construction.
3. 5
No person shall construct a gate within a boundary fence without the written
consent of the owner of the neighbouring
property.
3. 6
No fence of a height which is greater than 0. 762 metres ( 30 inches) above the
grade level of any adjacent roadway shall be erected or caused to be erected or
maintained or caused to be maintained within any required sight visibility
triangles.
3. 7
No fence of a height which is greater than
1. 22 metres ( 48 inches) above the
adjoining ground level shall be erected or cause to be erected or maintained or
cause to be maintained
in any front yard or exterior side yard.
3. 8
No fence of a height which is greater than 2. 13 metres ( 84 inches) above the
adjoining ground level shall be erected or cause to be erected or maintained or
cause to be maintained
in any rear yard or interior side yard.
3. 9
Notwithstanding the provisions of Sections 3. 4, 3. 5 and 3. 6 a fence may have a
greater height if constructed in accordance with a registered agreement or
agreements entered into with the municipality pursuant to Sections 41 and 51 of
the Planning Act RSO. 1990 c. P13. as amended, or any plan approved by the
municipality
in accordance
with that section provided that in the event of a conflict
between this subsection and any such agreement or approved plan, the
provisions
of the agreement
will prevail.
By- law No. 63-2021
Page
3
4.
FENCE LOCATION ( Prohibition of Sandwich Fencing)
4. 1
No fence may be located closer than 0. 6 metres (2 feet) from any other fence.
5.
FENCE
MATERIALS
AND
MAINTENANCE
5. 1
Except as permitted by Section 5. 2, no fence shall be constructed of sheet metal
or corrugated metal, electric fencing or barbed/ razor/page wire or any other type
of wire.
5. 2
Barbed wire fencing may be permitted within the following limits;
5. 2. 1
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. 0 metres above the
adjacent finished ground and projects inwards towards the area enclosed
by the fence; or
5. 2. 2
on the top of a fence erected for security reasons enclosing a facility
owned or operated by any level of government or a means provider,
provided that the barbed wire is a minimum of 2. 0 metres above the
adjacent finished ground and projects inwards towards the area enclosed
by the fence.
5. 3
Each of the owners of adjoining occupied lands shall repair, replace or maintain a
just proportion of any boundary fence.
6.
SWIMMING POOL FENCING REQUIREMENTS
6. 1
No person shall keep a privately owned outdoor swimming pool in the municipality
unless such pool or the land or a part of the land on which such pool is located is
effectively fenced and/or enclosed in accordance with the following provisions:
6. 1.
1
Every fence shall be not less than
1 . 22 metres (48 inches) in height.
6. 1. 2
Every fence shall be so constructed as not to have openings, holes or
gaps larger than four inches in its horizontal dimension, except lattice-type
and chain link fences, which openings
shall not exceed four square inches.
6. 1. 3
Every fence shall be so constructed that all horizontal or diagonal
structural members of the fence shall be located on the inside or pool
side of the fence
a minimum
of 0. 76 metres ( 30 inches) apart.
6. 1. 4
Every fence shall be so constructed that it cannot be used in a manner
similar to a ladder.
6. 1. 5
A dwelling, house, building or accessory building may be utilized to
effectively enclose any pool.
6. 1 . 6
Every fence shall be so constructed so as to have as the only means of
entry by gates or doors.
6. 1 . 7
With the exception of the door of any dwelling or house which forms a part
of the enclosure, all gates or doors shall be equipped
with a self- closing
device and a self-latching device on the pool side at the top of the gate to
the intent that all gates or doors will remain securely closed when not in
actual
use.
6. 2
All gates shall comply with sections 6. 1. 1- 6. 1. 4
6. 3
A boundary fence which complies with the provisions of this section shall be
deemed
a
sufficient
fence, provided
boundary
fence
complies
with
all
of
section
6. 1
6. 4
Except for outdoor swimming pools that contain 24 inches of water or less, the
provisions of this by-law shall apply to all privately own outdoor swimming
pools
regardless of the date of construction of such swimming
pool.
By- law No. 63-2021
Page 4
6. 5
No person shall excavate for or erect or use a swimming pool without first having
obtained a swimming pool fence permit issued by the Municipality.
6. 6
No person shall place water in a pool or allow water to remain there unless a pool
enclosure, meeting the requirements of this bylaw, has been erected to the
satisfaction of the municipality.
6. 7
No person shall allow a pool enclosure, to be removed, destroyed, become
dilapidated or fall into a state where it does not perform its intended purpose.
6. 8
Pools shall be permanently fenced in accordance with the above regulations
within seven days of being filled with water.
7.
ENFORCEMENT
7. 1
Any person who contravenes any provision of this by- law is guilty of an offence
and upon conviction is liable to a fine as provided for in the Provincial Offences
Act R.S. O. 1990 c. P. 33, as may be amended or replaced, or as set out in
Schedule A " Set Fines" to this By- law.
7. 2
The provisions
of this By- law shall
be enforced
by an Officer. No person shall
hinder or obstruct or attempt to hinder or obstruct, either directly or indirectly, a
By- law Officer, or any other person appointed for the purpose of enforcing this by-
law.
7. 3
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.
7. 4
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 which
the contravention
occurred
to do work to correct the contravention.
7. 5
Where anything required or directed by an Officer to be done in accordance with
this by- law is not done, an Officer may upon such notice as he/ she deems
suitable, do such thing at the expense of the person required to do it, and in so
doing may charge an administration fee as outlined within the municipality's
current Fee By- law as a continued non- compliance inspection fee. Both the
expense and fee may be recovered by action or by adding the costs to the tax roll
and collecting them in the same manner as municipal taxes.
7. 6
Where the municipality proceeds pursuant to section 7. 4 of this by-law, an Officer
and/ or any person under his or her direction, may enter onto the land and, with
the appropriate equipment as required, bring the property into compliance with
this by-law.
7. 7
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:
7. 7. 1
this By- law;
7. 7. 2
a direction or order made under this By-law; or
7. 7. 3
a prohibition order made under s. 431 of the Municipal Act. 2001 .
7. 8
An Officer may, for the purposes of the inspection under subsection 7. 6:
7. 8. 1
require the production for inspection of documents or things relevant to the
inspection;
7. 8. 2
inspect and remove documents
or things relevant to the inspection
for the
purpose
of making
copies or extracts;
By- law No. 63-2021
Page 5
7. 8. 3
require information
in writing or otherwise as required
by the officer from
any person concerning a matter related to the inspection; or
7. 8. 4
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.
7. 9
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
7. 5 and 7. 6.
7. 10
Except as provided
in section
7. 10 of this by- law, the owner/ owners of any fence
in existence at the date of the final passing of this by- law shall not be deemed in
violation of the provisions
of this by- law.
7. 11
Section 6 of this by- law shall apply to all existing fences enclosing swimming
pools.
7. 12
Every person shall comply with an Order issued under the authority of this by- law.
7. 13
No person shall hinder or otherwise obstruct, nor attempt to hinder or obstruct,
either directly or indirectly, an Officer, employee and/ or agent of the Municipality
in the lawful exercise of a power or duty under this by- law.
8.
SEVERABILITY
8. 1
If a court of competent jurisdiction
should declare any section or part of a
section of this by- law to be invalid, such section or part of a section shall
not be construed as having persuaded or influenced Council to pass the
remainder of the by-law and it is hereby declared that the remainder of
the by- law shall be valid and shall remain
in force.
9.
MISCELLANEOUS
9. 1
That By- law 49- 2019, being a by-law to prescribe the heights, locations
and description
of lawful fences, is hereby repealed.
9. 2
THAT this by-law shall come into full force and take effect upon its final
passage.
9. 3
This by- law may be cited as the " Municipality of Thames Centre Fence By-
law".
READ a FIRST, SECOND time this 9t" day of August, 2021 .
READ a THIRD time and FINALLY PASSED this 9t" day of August, 2021.
Mayor, A. Warwick
Clerk, T. Michiels
SCHEDULE " A"
MUNICIPALITY OF THAMES CENTRE
PART 1 Provincial Offences Act
By- law 63- 2021: Fence By- law
ITEM
COLUMN
1
COLUMN
2
COLUMN 3
Short Form Wording
Provision
creating
or
Set Fine
defining offence
1
Construct or use a Pool without
a
6. 5
125
permit.
2
Place water in a pool without
the
6. 6
125
prescribed Pool Enclosure
3.
Fail to maintain
Pool Enclosure.
6. 7
125
4.
Fail to comply
with
an order
7. 12
125
5.
Attempt to hinder/ obstruct
7. 13
125
Note: the general penalty
provision
for the
offences
listed
above
is Section 7. 1 of By- Law 63- 2021 , a
certified
copy of which
has been filed.