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By-law No.1165-24
FENCE BY-LAW
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Table of Contents
DEFINITIONS ............................................................................................................................................. 4
GENERAL REGULATIONS ..................................................................................................................... 7
TEMPORARY FENCE .............................................................................................................................. 9
CALCULATION OF HEIGHT ................................................................................................................... 9
SPECIFIC REGULATIONS ...................................................................................................................... 9
EXCLUSION ............................................................................................................................................. 11
GENERAL PROHIBITION ...................................................................................................................... 11
APPEAL .................................................................................................................................................... 12
ADMINISTRATION .................................................................................................................................. 13
OFFENCE ................................................................................................................................................. 13
VALIDITY .................................................................................................................................................. 14
RIGHT OF ENTRY ................................................................................................................................... 14
SHORT TITLE .......................................................................................................................................... 14
SCHEDULES ............................................................................................................................................ 15
EFFECTIVE DATE ................................................................................................................................... 15
ORDER TO COMPLY ............................................................................................................................. 16
NOTICE OF APPEAL ............................................................................................................................. 18
NOTICE OF HEARING ........................................................................................................................... 20
PERMISSION FORM ............................................................................................................................... 21
SHORT FORM WORDING ..................................................................................................................... 23
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THE CORPORATION OF THE TOWNSHIP OF VAL RITA-HARTY
BY-LAW NO.1165-24
A By-law respecting the erection and maintenance of Fences.
WHEREAS subsection 10 (1) of the Municipal Act, 2001, S.O. 2001, c.25 provides broad
authority and states 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) may pass by-laws respecting
structures, including fences and signs;
AND WHEREAS the Council of the Corporation of the Township of Val Rita - Harty deems
it expedient to establish a by-law respecting the erection and maintenance of fences
including swimming pool fences;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
VAL RITA - HARTY ENACTS AS FOLLOWS:
That By-Law #1028-16 is hereby repealed.
READ A FIRST TIME ON THIS 19th DAY OF MARCH 2024
_______________________
_________________________
Carole Lessard-Deputy Mayor
Vickie Boudreau - Clerk/Treasurer
READ A SECOND TIME ON THIS 19th DAY OF MARCH 2024
_______________________
_________________________
Carole Lessard-Deputy Mayor
Vickie Boudreau - Clerk/Treasurer
READ A THIRD TIME AND PASSED ON THIS 19th DAY OF MARCH 2024
_______________________
_________________________
Carole Lessard-Deputy Mayor
Vickie Boudreau - Clerk/Treasurer
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PART 1
DEFINITIONS
1.1. In this by-law, except where a contrary in tension appears, the following words
have the following meaning:
a. "Chief Building Official" means an officer or employee of the Town
charged with the duty of enforcing the provisions of the Building Code Act,
1992, S.O.1992, c.23, as amended and similar by-laws of the Town or his
authorized representative.
b. "Committee" means the Planning Committee.
c. "Construct/erect" means to build, reconstruct, or relocate, and includes
any preliminary physical operations such as cutting, grading, excavating,
filing, or draining, or any altering of any existing fence by the addition,
extension, or any other structural change.
d. "Council" means the Council of the Corporation of the Township of Val
Rita - Harty.
e. "Existing" means existing as of the date of the passing of this By-law.
f. "Fence" means a freestanding man-made structure, other than a building,
or any earthwork or greenery that fulfils the same function, erected at grade
for the purpose of screening, safeguarding, delineating the boundaries of a
property, restricting ingress to or egress from a property, providing security
or protection to property, and does include hedges and retaining walls.
g. "Gate" means any swinging or sliding barrier used to fill in or close an
access in a Fence.
h. "Grade" means the average elevation of the finished grade of the ground
immediately surrounding such structure, exclusive of any artificial
embankment or entrenchment.
i. "Hazardous" means a fence that by its location, its proximity with
neighbouring properties, its height, or its material is considered dangerous
for the health, safety and well-being of a person or property, or has a
potential of causing damages or injuries to a person or a property.
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j. "Highway" means a common and public highway, and includes any
bridges, trestle or viaduct or other structure forming part of the highway and
except as otherwise provided, includes a portion of a highway.
k. "Lot line" means a boundary line of a lot.
l. "Lot Line, Front" has the same definition that in the Zoning By-law.
m. "Lot Line, Side" Has the same definition that in the Zoning By-law
n. "Lot Line, Rear" means the lot line furthest from, and opposite to, the Front
Lot Line.
o. "Municipal Law Enforcement Officer" means a Municipal Law
enforcement Officer appointed by the Corporation of the Township of Val
Rita-Harty to enforce municipal by-laws;
p. "Non-Complying" means an existing structure which does not comply or
fails to meet with one or more of the provisions of this By-law on the date of
its final passing thereof.
q. "Non-Residential Property" means land used for other than residential
purposes and includes land used for both residential and other purposes.
r. "Owner" means the person or organization who owns the land in or on
which a land use is located and who may be responsible for the
establishment or operation of that land use.
s. "Person" means an individual, an association, a charted organization, a
firm, a partnership, a corporation, an agent or trustee and the heirs,
executors, or other legal representatives of a person to whom the context
can apply according to law.
t. "Residential Property" means land used for residential purposes and
includes vacant land abutting residential property.
u. "Retaining Wall" means any structure constructed of concrete, wood,
stone, metal, brick, or other similar materials which are erected for the
purpose of confining earth material, and which are of a maximum height of
1 meter.
v. "Temporary Fence" means a fence that is installed for the sole purpose of
safeguarding a construction site. It includes a plastic fence and the like
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installed during the winter months for protecting shrubs, hedges and other
from snow drifting.
w. "Township" means the Corporation of the Township of Val Rita - Harty.
x. "Yard" means a space, appurtenant to a building or structure or excavation,
located on the same lot as the building, structure or excavation, and which
space is open, uncovered, and unoccupied from the ground to the sky
except for such accessory buildings, structures or uses as are specifically
permitted.
y. "Yard, Front" means a yard located between the front lot line and the
nearest part of any excavation or main building on the lot and extending
across the full width of the lot.
z. "Yard, Rear" means a yard located between a rear lot line and the nearest
part of any excavation or main building on the lot and extending for the full
length of such rear lot line but excluding any front yard.
aa. "Yard, Side" means a yard located between a side lot line and the nearest
part of any excavation or main building on the lot and extending for the full
length of such side lot line but excluding any front yard or rear yard.
bb. "Zoning By-law" means the Township of Val Rita Zoning By-law No. 839-
08, as amended from time to time, and any version replacing the Zoning
By-law No. 839-08, as amended.
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PART 2
GENERAL REGULATIONS
2.1. All persons erecting a fence or causing a fence to be erected shall be
responsible to ensure that they prov have a legal right to erect the fence on the
proposed location. The Township shall not be involved in property ownership
disputes regarding lot line, private rights-of-way, easements, and the like.
Furthermore, all Persons shall be responsible to obtain all underground locates
from concerned utilities and the Township before any excavation, digging or
planting be undertaken.
2.2. All persons erecting a fence or causing a fence to be erected shall be
responsible for the respect of the dispositions of this By-law, as amended.
2.3. No person shall erect a fence or cause a fence to be erected unless the fence
is:
a. stable;
b. vertical;
c. made of material of good quality;
d. suitable for the purpose, and;
e. constructed and supported in a manner commensurate with the design of
the entire fence.
2.4. No Person shall fail to keep such fence:
a. in good repair;
b. in a safe and structurally sound condition;
c. free from accident hazards;
d. protected by paint, preservative, or other weather resistant material, except
for wooden Fences made of cedar, redwood or treated wood;
e. where comprised in whole or in part of shrubs, cedars, bushes, or other
planting material, regularly pruned, trimmed, or otherwise maintained.
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f. which is located within a sight triangle a maximum height that is greater than
one (1) meter (three (3) feet).
2.5. No Person shall erect a fence or cause a fence to be erected:
a. which is wholly or partly constructed of barbed wire, chicken wire or other
barbed or sharp materials, steel wire cable or chains.
b. which is constructed of demolition material, used or new metal roofing, used
or new corrugated tin or fibreglass, or the like;
c. which contains a device for projecting an electric current.
2.6. No person shall erect a fence or cause a fence to be erected on Township
property, including any public highway in the Township of Val Rita - Harty unless
said fence is authorized by the Council of the Township of Val Rita - Harty by
way of an Encroachment Agreement with the Township of Val Rita - Harty.
2.7. No person shall erect a fence or cause a fence to be erected in any way that
would alter the existing grades or drainage patterns of the premises, and the
neighbouring properties, unless the design recommended by a professional
engineer is prior approved in writing by the Township.
2.8. No person shall erect a fence or cause a fence to be erected unless the fence
is constructed and finished in such a manner as to present an acceptable
finished side toward the public highway and the neighbouring properties.
2.9. Notwithstanding paragraph a) of subsection 2.5, where required for the safety
or protection of non-residential property, the portion of any fence above two
hundred and ten centimetres (210 cm), seven feet (7 ft) may be wholly or
partially constructed of barbed wire. In such case, no person shall fail to keep,
clearly posted, signs warning people of the presence of barbed wire.
2.10. Notwithstanding paragraph a) and c) of subsection 2.5, where required on
agricultural lands only for the purpose of containing livestock, a fence which is
wholly or partly constructed of barbed wire or chicken wire is permitted.
2.11. No person shall fail to remove unsightly markings, stains, or other defacements
on the exterior surfaces of fences and to refinish the surface when necessary.
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2.12. No person shall erect or cause to be erected on residential property or on lot
lines of non-residential property abutting a residential property, a chain link
fence that is not vinyl or powder coated and /or snow fence.
PART 3
TEMPORARY FENCE
3.1. No person shall install a temporary fence during the months of April to October
unless the premises where the temporary fence is to be erected thereon has
been issued a demolition or construction permit from the Building Services
Department and until said permit remains valid.
3.2. No Person shall use a temporary fence as a divisional fence.
PART 4
CALCULATION OF HEIGHT
4.1. The height of a fence at any given point shall be measured from grade at the
base of the fence, as follows:
a. To the top of the fence where erected at grade and where there is no grade
difference between the two sides of the fence; or
b. From the higher grade to the top of the fence where erected at grade and
there is a grade difference between the two sides of the fence.
PART 5
SPECIFIC REGULATIONS
5.1. No person shall erect or cause to be erected a fence which obscures a clear
view at street intersections, pedestrian or bicycle pathways, driveways, or other
points of ingress or egress of vehicular or pedestrian traffic or within the sight
triangle as per described in the Zoning By-law.
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Residential Property
5.2. No person shall erect a fence or cause a fence to be erected exceeding 2.1
metres (7 feet) in height in any Side Yard or Rear Yard or exceeding 1 metre (3
ft) in height in any Front Yard.
5.3. Notwithstanding subsection 5.2, where a property is abutting a non-residential
property, and such fence is contiguous to the non-residential property, the
height of the fence shall not exceed 2.4 metres (8 feet).
5.4. Fences around tennis courts, in other than a required front yard, may be erected
to a maximum height of 3.65 metres (12 feet).
5.5. Notwithstanding subsection 5.2, no person shall in any side yard or rear yard
install or cause to be installed:
a. Gates that exceed the height restrictions by a maximum of 30 centimetres
(1 foot);
b. Archways forming part of an entrance that exceed the height restrictions to
a maximum of 250 centimetres (8 feet); and
c. Decorative caps on structural posts that exceed the height restrictions to a
maximum of 15 centimetres (6 inches).
5.6. No person shall erect or cause to be erected a retaining wall exceeding 1 meter
(3 feet) in any side yard or rear yard without respecting the provisions of the
Ontario Building Code.
Non-Residential Property
5.7. No person shall erect a fence or cause a fence to be erected exceeding 2.4
metres (8 feet) in height in any side yard or rear yard.
5.8. Where the front yard abuts to a street, no person shall erect a fence or cause a
fence to be erected without respecting a .03 metre (1 foot) setback from the front
lot line and exceeding 1 meter (3 feet) in height unless a site plan agreement
with the Township is agreed upon by both parties.
5.9. Fences around tennis courts on lands used for non-residential purposes may be
erected to a maximum height of 4.3 metres (14 feet).
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PART 6
EXCLUSION
6.1. This By-law does not apply to a fence erected upon, or abutting land, which is
used for a railway right-of-way, for hydro, telephone or public utilities installation
or equipment, or for public works installations or equipment which are
dangerous to the public safety and well-being.
6.2. An agreement under Section 41 of the Planning Act, R.S.O. 199, Chapter P.13,
as amended, approved by Council, may require a fence not respecting the
provisions of this By-law as a condition.
6.3. The provisions in subsections 5.2 to 5.9 inclusively of this By-law do not apply
to a fence that has been lawfully erected and is in existence prior to the passing
of this By-law. The onus of the proof shall lie with the owner of the property.
Non-complying fences may be maintained and repaired with the same material,
height, and dimensions as they existed.
6.4. Notwithstanding the provision of subsection 6.3, an existing fence that is
deemed by the Municipal Law Enforcement Officer to be hazardous, or to be
unreasonably obstructing a view, shall comply with the provisions of this By-law.
The Municipal Law Enforcement Officer may issue an order to comply with the
provisions of this By-law to an owner of a fence deemed by the Municipal Law
Enforcement Officer to be Hazardous or a view obstruction. The order to comply
issued may be appealed in accordance with the provisions of section 8 hereof.
PART 7
GENERAL PROHIBITION
7.1. No Person shall erect a fence, cause a fence to be erected or maintain a fence
on private property within the Township that does not comply with this By-law.
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PART 8
APPEAL
8.1. A committee comprised of the Township of Val Rita - Harty Council is hereby
constituted as the Fence Review Committee.
8.2. For the purpose of the present section, a person who files an appeal shall be
recognized as the "Applicant".
8.3. An order to comply sent by the Municipal Law Enforcement Officer under
subsection 6.4 for an existing fence may be appealed to the Fence Review
Committee by the owner.
8.4. A person filing a complaint on an existing fence may also appeal the decision of
the Municipal Law Enforcement Officer to the Committee.
8.5. The applicant shall pay the appeal fees as established by Council, as modified
from time to time.
8.6. The Committee shall have jurisdiction over any dispute concerning an order to
comply for an existing fence to this By-law, the interpretation of hazardous fence
or fence obstructing the view provided in subsection 6.4 as well as the decision
by the Municipal Law Enforcement Officer to reject a complaint on an existing
fence.
8.7. Upon receipt of notice of an appeal, the Committee shall be supplied with the
appeal application and a report from the Municipal Law Enforcement Officer.
8.8. Upon receipt of the documents described in subsection 8.7, the Clerk's office
shall determine the time and date of the review hearing and shall give said notice
in writing to the Applicant, and such other persons as the Clerk deems
appropriate. The notice shall be served personally or by registered mail to the
Applicant at the address as shown on the application.
8.9. The appeal hearing shall be open to the public except when the Committee is
of the opinion that:
a. matters involving public security may be disclosed, or;
b. intimate financial or personal matters may be disclosed at the appeal
hearing and avoiding disclosure is in the best interest of any person affected
or in the public interest.
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8.10. The Applicant and any other person served with a notice may be represented
by a counsel, or an agent, call and examine witnesses, present his/her
arguments and submissions, and cross-examine witnesses at the hearing to
reasonably bring forward all the facts of the matter before the Committee.
8.11. The Committee shall render a decision in writing within twenty-one (21) days of
the appeal hearing.
8.12. A copy of said decision shall be sent by registered mail or served personally to
the Applicant and to any other person who has requested a copy of the decision.
8.13. The decision of the Committee is final and binding on all parties and is
conclusive as to the applicability of this By-law to the matter in appeal.
8.14. The Committee is not liable to compensate the owner, occupant, or any other
person by reason of anything done by or on behalf of the Township in the
reasonable exercise of its powers, or any other section of this By-law.
PART 9
ADMINISTRATION
9.1. Council hereby delegates to the Municipal Law Enforcement Officer or
designated alternate the function of determining compliance with the provisions
of this By-law, and without restricting the generality of the foregoing, the
assessment of whether a fence is hazardous, or creates an unreasonable
obstruction of a view, and the issuance of orders to comply with the provisions
of this By-law.
9.2. This By-law shall be enforced by the Municipal Law Enforcement Officer, or any
other person duly appointed by Council.
PART 10
OFFENCE
10.1. Every Person who contravenes any of the provisions of this By-law is guilty of
an offence and is liable upon conviction to a fine as provided for by the Provincial
Offences Act, R.S.O. 1990, c.P. 33, as amended.
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10.2. When a person has been convicted of an offence under this By-law, any court
of competent jurisdiction, thereafter, may in addition to any other penalty
imposed on the person convicted, issue an order prohibiting the continuation or
repetition of the offence or the doing of any act or thing by the person convicted
directed toward the continuation or repetition of the offence.
10.3. An owner or occupant desiring to enforce the provisions of this By-law shall
serve or cause to be served on the abutting owner, a notice by registered mail
requiring compliance with this By-law, and if such compliance does not take
place within thirty (30) days after service of the notice, the owner may take
appropriate proceedings at the Ontario Court of Justice or any court of
competent jurisdiction to obtain an order imposing compliance upon that owner
of abutting property.
PART 11
VALIDITY
11.1. If a court of competent jurisdiction should declare any section or part of a section
of this By-law to be invalid, the remaining sections shall remain in effect until
repealed.
11.2. Where a provision of this By-law conflicts with the provisions of another By-law
in force in the Township, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public shall prevail.
PART 14
RIGHT OF ENTRY
14.1. The Municipal Law Enforcement Officer or its designate shall have the right of
entry on any property for the purpose of enforcing this by-law as per the
Municipal Act.
PART 15
SHORT TITLE
15.1. This By-law may be known as the "Fence By-law" of the Corporation of the
Township of Val Rita - Harty.
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PART 16
SCHEDULES
16.1. Schedules attached hereto and by this reference shall form part of this By-law.
PART 17
EFFECTIVE DATE
16.1. This By-law shall come into force upon the date of its final passing.
ENACTED AND PASSED THIS DAY OF .
UNDER THE SEAL OF THE CORPORATION OF THE TOWNSHIP OF VAL RITA - HARTY.
______________________________________
Mayor
______________________________________
Town Clerk
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SCHEDULE "A"
ORDER TO COMPLY
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SCHEDULE "B"
NOTICE OF APPEAL
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SCHEDULE "C"
NOTICE OF HEARING
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SCHEDULE "D"
PERMISSION FORM
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SCHEDULE "E"
SHORT FORM WORDING
ITEM
SHORT FORM WORDING
PROVISION
CREATING OR
DEFINING OFFENCE
SET FINE
1
Erected fence on township property or public
highway without authorization
Sec. 2.6
$ 115.00
2
Erected fence altering grades or drainage
patterns
Sec. 2.7
$ 115.00
3
Erected fence without acceptable finished side
toward highway or neighbouring property
Sec. 2.8
$ 115.00
4
Failed to keep posted warning signs
Sec. 2.9
$ 75.00
5
Fail to remove unsightly markings or
defacements
Sec. 2.11
$ 75.00
6
Erected a chain link fence - not vinyl or
powder coated
Sec. 2.12
$ 75.00
7
Installed temporary fence from April to
October
Sec. 3.1
$ 75.00
8
Using temporary fence as a divisional fence
Sec. 3.2
$ 115.00
9
Erected fence obscuring view of vehicular or
pedestrian traffic
Sec. 5.1
$115.00
10
Erected fence exceeding 7 feet in height
Sec. 5.2
$75.00
11
Erected fence exceeding 3 feet in height
Sec. 5.2
$75.00
12
Erected retaining wall exceeding 3 feet
Sec. 5.6
$75.00
13
Erected fence exceeding 8 feet in height
Sec. 5.7
$75.00
14
Erect, cause to be erected or maintain a fence
in non-compliance
Sec. 7.1
$75.00