Vaughan Fence By-law 189-2020

Vaughan, Ontario · No. 189-2020 · adopted 2020-12-15 · summary & facts

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THE CITY OF VAUGHAN BY-LAW BY-LAW NUMBER 189-2020 A By-law to regulate Fences in the City of Vaughan, such as the Height, permitted materials and standards for Fences and Swimming Pool Enclosures, and to repeal the Fence By-law 80-90, and its amending by-laws, 240-99, 162-2004, 203-2006, 208- 2007 and 29-2014. WHEREAS subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended ("Municipal Act, 2001"), provides that a municipal power shall be exercised by by-law; AND WHEREAS subsection 8 of the Municipal Act, 2001 provides that the powers of a municipality shall be interpreted broadly so as to confer broad authority to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; AND WHEREAS subsection 9 of the Municipal Act, 2001 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purposes of exercising its authority; AND WHEREAS subsection 11 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 7 of subsection 11(3) of the Municipal Act, 2001 provides that a municipality may pass by-laws respecting Structures, including Fences and Signs; AND WHEREAS section 98 of the Municipal Act, 2001 provides that a municipality may provide that the Line Fences Act does not apply to all or any part of the municipality, but despite such by-law being passed, section 20 of the Line Fences Act continues to apply throughout the municipality; AND WHEREAS it is deemed expedient to exclude the City from the provisions of the Line Fences Act, R.S.O. 1990, c.L.17, as amended; AND WHEREAS subsection 391 of the Municipal Act, 2001, without limiting sections 9, 10 and 11, authorizes a municipality to impose fees and charges on persons; AND WHEREAS section 398 of the Municipal Act, 2001 provides for fees and charges imposed by a municipality on a person to constitute a debt of the person and for the municipality to add such fees and charges to the tax roll and collect them in the same manner as municipal taxes; AND WHEREAS Section 425 of the Municipal Act, 2001, S.O. 2001, c.25 provides for a municipality to pass by-laws providing that a person who contravenes a by-law of the municipality passed under the Act is guilty of an offence; AND WHEREAS subsection 434.1 of the Municipal Act, 2001 provides for a municipality to require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with a by-law of the municipality passed under the Act; AND WHEREAS section 435 of the Municipal Act, 2001 provides for conditions governing the powers of entry of a municipality; AND WHEREAS section 436 of the Municipal Act, 2001 provides that a municipality has the power to pass by-laws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine compliance with a by-law; AND WHEREAS sections 444 and 445 of the Municipal Act, 2001 provide for a municipality to make an order to discontinue a contravening activity or correct a contravention, with either order setting out particulars of the contravention and the date by which compliance must be achieved; AND WHEREAS Section 23.3(4) of the Municipal Act, 2001 it is the opinion of Council that the powers delegated to the Director of By-law and Compliance, Licensing and Permit Services, the Hearings Officer, to hold and make decisions in that hearing, pursuant to this By-law are of a minor nature; NOW THEREFORE the Council of The Corporation of City of Vaughan enacts this By- law to regulate Fences within the boundaries of the City of Vaughan. 1.0 Short Title This By-law shall be known and may be cited as the "Fence By-law". 2.0 Applicability and Scope The provisions of this By-law apply to all Fences within the City of Vaughan. Despite 2.0(1), this By-law does not apply to any noise attenuation fences, walls or other barriers authorized by or Erected by municipal, provincial or federal government or their agencies, boards, commissions, departments or other bodies. Notwithstanding any other provisions in this by-law, in the event of a Fence dispute amongst neighbours with respect to shared costs of Division Fences, the Fence Apportionment of Costs By-law 175-93, as amended, or its successor by-law, shall apply. If a Person is required to Erect a specified Fence under a site plan agreement, a subdivision agreement, another City by-law or any applicable law, statute or regulation of any municipal, provincial or federal government or their agencies, boards, commissions, departments or other bodies, the Fence is exempt from the provisions of this By-law with which it does not comply. 3.0 Definitions and Interpretation In this By-law: "City" means The Corporation of the City of Vaughan; "City Property" means all real property, personal Property, chattels or other assets, tangible or intangible, owned and/or controlled by the City; "Depth" when used in relation to Swimming Pools, means the distance from the bottom of the Swimming Pool at its deepest point to the top edge of the Swimming Pool; "Director of By-law and Compliance, Licensing and Permit Services" means the Director and Chief Licensing Officer, By-law and Compliance, Licensing and Permit Services, their successor or their designate; "Director of Development Engineering" means the Director of Development Engineering, their successor or their designate; "Division Fence" means a Fence marking the boundary between abutting parcels of land; "Erect" or "Erection" means the alteration, construction, placement, relocation and any work preparatory to erect any Fence or part thereof; "Fence" means a barrier, including one for noise attenuation, or any structure, except a structural part of a building, that wholly or partially screens from view, encloses or divides a Yard or other land, or marks or substantially marks the boundary between adjoining land, and includes any hedge or shrub that has the same effect; "Grade" means the ground surface elevation of the lands in the original City subdivision lot grading plan approved by City staff, or other ground surface elevation approved by City staff; "Hearings Officer" means a Person appointed by the Director of By-law and Compliance, Licensing and Permit Services or their successor or designate, pursuant to Administrative Monetary Penalties By-law 063-2019, as amended, or its successor by- law; "Height" when used in relation to a Fence, means the vertical distance measured between the Grade to the highest point of the Fence, and that in instances where the Grade is different on two sides of a Fence, the higher Grade shall be used to measure the Height of the Fence; "Highway" means a common and Public Highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral Property Lot lines thereof; "Lot" means a parcel of land which can be conveyed as a separate parcel pursuant to the provisions of the Planning Act, R.S.O. 1990, c. P.13; "Lot Line" means any boundary of a lot; "Lot Line, Front" means the Street Line, provided that in the case of a corner lot, the shorter street line is deemed to be the front lot line and provided further that in the case of a corner lot which has an abutting Sight Triangle the centre point of the Lot Line abutting the Sight Triangle shall be deemed to be the point of intersection of the front and Side Lot Lines. Where both Lot Lines are of equal length or where the Lot abuts more than two (2) Street Lines, the front lot line shall be the line facing the main entrance of the building unless the lot is a through lot. A Reserve abutting a Street Line shall be deemed to be a street for the purpose of this definition; "Lot Line, Rear" means the Lot Line most nearly opposite the Front Lot Line, but if the Side Lot Lines intersect, means the point of intersection; "Lot line, Side" means any Lot Line other than the Front Lot Line and the Rear Lot Line; "Multi-Residential Property" means a Property used for or permitted to be used for multiple dwelling units and, includes hotels and motels; "Non-Climbable" refers to a Swimming Pool Enclosure or Fence which has been constructed to restrict the ability of Persons to climb it, in line with the provisions of this By-law; "Non-Residential Property" means a Property used for uses other than residential use and includes schools and other institutional uses but does not include Public Highways or walkways; "Officer" means a Provincial Offences Officer or Municipal Law Enforcement Officer of the City, or any other Person appointed by or under the authority of a City by-law to enforce this By-law; "Open-Fence Construction" means Fence construction that provides motorists and pedestrians with an unobstructed view of people, vehicles and their movements through the entire length of the Fence; "Owner" means a registered Owner of a Property, and includes but is not limited to any Owner in trust, a lessee, tenant, mortgagee in possession or Person who is an occupier or has care or control of any Property; "Parking Lot or Parking Area" means an area of land comprised of parking spaces and related aisles, maneuvering areas and entrances and exits; "Person" means an individual, association, organization, partnership, limited partnership, corporation, or an individual in their capacity as a trustee, executor, administrator or other legal representative and includes an Owner; "Property" means a building or structure or part of a building or structure, and includes the lands appurtenant thereto, including all mobile homes, mobile buildings, mobile structures, outbuildings, Fences and Erections thereon whether heretofore or hereafter Erected, and includes vacant properties; "Public Highway" means any portion of a Highway under the jurisdiction of municipal, provincial or federal government or its agencies, boards, commissions, departments or other bodies; "Reserve" means a strip of land abutting a Public Highway and owned by the authority having jurisdiction over such Highway; "Sight Triangle" means the area of land abutting the corner of a Lot enclosed by the projection of each Street Line; "Sign" means any advertising device or notice and means any visual medium including its structure and other component parts, which is used or is capable of being used to attract attention to a specific subject matter, other than itself, for identification, information, or advertising purposes; "Single Family Residential" means in reference to a Property, any Property or portion thereof serving a single dwelling unit; "Snow Fence" means any Fence used to force drifting snow to accumulate in a predictable place, and which is usually constructed of plastic mesh, lightweight wood strip or wire; "Street Line" means the dividing line between a Lot and a street or the dividing line between a Lot and a Reserve abutting a street; "Swimming Pool" means any privately-owned outdoor body of water, located on privately owned Property, contained in part or in whole by artificial means, and used or intended for Swimming, diving or bathing, but does not include: (a) a farm pond; or (b) a body of water or Swimming Pool that is less than 76.2 centimetres (approximately 30 inches) in Depth; "Swimming Pool Enclosure" means a Fence, wall or other structure, including any permitted door, gate or other opening, which surrounds and restricts access to an outdoor Swimming Pool; "Swimming Pool Enclosure Permit" or "Permit" means an official document from the City authorizing the Permit holder to construct a Swimming Pool Enclosure in compliance with this and other City by-laws; "Swimming Pool, In-Ground" means a Swimming Pool that is embedded in the ground or an excavated hole, and is intended to be a year-round structure; "Swimming Pool, Permanent Above-Ground" means a Swimming Pool that is above grade and intended to be a year-round structure; "Swimming Pool, Seasonal/Temporary" means an above-ground Swimming Pool that may be collapsed, removed or otherwise stored when not in use, such as, but not limited to, an inflatable Swimming Pool; "Use, Agricultural" means any general farming or agricultural use which is not obnoxious to the public welfare including animal hospitals, apiaries, aviaries, berry or bush crops, animal husbandry, dog kennels or the breeding, boarding or sale of dogs or cats, field crops, forestry research station, goat or cattle dairies, mushroom farms, orchards, riding stables or academies, the raising of sheep or goats, the raising of swine, tree and shrub farms, and such uses or enterprises as are customarily carried on in the field of general agriculture; "Use, Industrial" means the use of land, building or structures for the warehousing, manufacturing, processing or assembly of materials to finished products or by-products, including the storage of such materials and products; "Yard" means an uncovered space on a Lot lying between the Lot Line and the nearest part of any building or structure on the Lot; "Yard, Front" means a Yard extending across the full width of the Lot between the Front Lot Line of the Lot and nearest part of the nearest building or structure on the Lot; "Zone" or "Zoned" means a designated area of land permitted for uses as shown in Comprehensive Zoning By-law 1-88, as amended, or its successor by-law. In this By-law, unless the context otherwise requires, wording imparting the singular number shall include the plural, and words imparting the masculine gender shall include the feminine, and further, the converse of the foregoing also applies where the context so requires. Where any expression of time occurs or where any hour or other period of time is stated, the time referred to shall be standard time except in periods when daylight saving time is in effect, in which periods it shall be daylight saving timed. Where measurements are used in this By-law, the Metric system shall be deemed to be the official and required system of measurement. Measurements in the Imperial system are provided for convenience purposes only. Schedule "A" referred to in this By-law shall form part of this By-law. 4.0 General Provisions No Person shall Erect, own or maintain, or cause or allow the Erection or maintenance of, any Fence on private Property in the City of Vaughan that does not comply with this By-law and with any other applicable law. No Person shall Erect, own or maintain, or cause or allow the Erection or maintenance of any Fence that uses materials not allowed for use in permanent fencing unless allowed by this By-law or other City by-law. Notwithstanding 4.0(2), a Snow Fence may be used on private Property between November 15 and April 15 and must comply with all corresponding standards in this By-law and other City by-law. A Fence shall be designed and installed in such a manner as to meet its intended function. A Fence shall be maintained: (a) in a structurally sound condition and in good repair; (b) in good repair, free from cracks, and missing, broken, or warped components; (c) such that all surfaces that have been previously painted, stained, varnished or which have received other similar protective finishes shall be maintained without visible deterioration; (d) free from hazards, including protruding nails, screws and staples; (e) free from posters, Signs, notices, advertising materials, words, slogans, pictures, drawings, or other defacements; (f) in a plumb condition, unless specifically designed to be other than vertical; (g) so that it is of uniform appearance; and (h) so that it does not create an unsightly appearance. A Fence shall not be used as a support for any structure, object or thing that could exert a lateral force against or upon the Fence. A Fence shall be capable of performing safely the function for it was constructed. A Fence shall be kept free from deterioration by the application of paint or other suitable protective materials or constructed of a material that is resistant to such deterioration. 5.0 Restrictions on Fences No Person shall use any barbed wire or other barbed or sharp materials in the Erection of or construction of, or in connection with, any Fence in the City, except where all of the following conditions are met: (a) the Fence is located on land Zoned for Industrial Use; and (b) any barbed wire or other barbed or sharp materials are used at a Height of at least 1.8 metres (approximately 6 feet) above the Grade. No Person shall permit a Fence or any attachment to a Fence to be used as a conductor of an electrical current, except where all of the following conditions are met: (a) the Fence is located on land Zoned for Agricultural Use; (b) the land is in actual use for raising livestock; (c) the Fence does not carry an electrical charge of more than 12 volts; (d) the Fence is designed and installed only to contain livestock; and (e) the Fence has Signs installed at not-more-than 12.0-metre (approximately 39 feet) intervals along the Fence, warning that the Fence carries electricity. No Person shall Erect a Fence upon a Property boundary at a location where a maintenance easement exists, unless: (a) permitted on the registered title of the Property; or (b) the Fence contains a gate within the limits of the maintenance easement of at least 0.9 metres (approximately 3 feet) in width which provides access to maintenance easement lands; or (c) authorized by the City, municipal, provincial or federal government or their agencies, boards, commissions, departments or other bodies. No Person shall construct a Fence over a Drainage Easement or watercourse without constructing a watergate sufficient to ensure adequate drainage. All watergates on Fences shall at all times be kept free from obstructions. No Person shall Erect a Division Fence that is greater than 20.0 centimetres (approximately 7.9 inches) wide where such Fence straddles a Property boundary. No Person shall Erect, own or maintain, or cause or allow the Erection or maintenance of any Fence that uses sheet metal or corrugated metal panels of any material, or any materials not usually intended for use in permanent fencing, unless specifically permitted by this by-law. 6.0 Fence Height and Construction Fences may be constructed to the maximum Heights listed in the Table below: Table 1 - Maximum Fence Heights No Fence Description Maximum Fence Height Fence on a Single Family Residential or Multi- Residential Property Fence on Non- Residential Property Hedge, shrub or other vegetation that acts as a Fence 1 Fence that is: - in a Front Yard; and - within 2.4 metres (approximately 7 feet 10 inches) of a Lot Line abutting a Public Highway 1.2 metres (approximately 4 feet) 1.2 metres (approximately 4 feet) 1.2 metres (approximately 4 feet) 2 Fence that is: - in a Front Yard; and - not within 2.4 metres 2.0 metres (approximately 6 2.0 metres (approximately 6 No maximum No Fence Description Maximum Fence Height Fence on a Single Family Residential or Multi- Residential Property Fence on Non- Residential Property Hedge, shrub or other vegetation that acts as a Fence (approximately 7 feet 10 inches) of a Lot Line abutting a Public Highway feet 7 inches) feet 7 inches) 3 Fence that is: - not in a Front Yard; - within 2.4 metres (approximately 7 feet 10 inches) of a Side Lot Line abutting a Public Highway; and - not within 2.4 metres of a driveway 2.5 metres (approximately 8 feet 2 inches) 2.5 metres (approximately 8 feet 2 inches) 2.5 metres (approximately 8 feet 2 inches) 4 Fence that is: - not in a Front Yard; - not within 2.4 metres (approximately 7 feet 10 inches) of a Side Lot Line abutting a Public Highway; - within 2.4 metres of the nearest wall of the main building extended to the Rear Lot Line; and - within 2.4 metres of a driveway 2.0 metres (approximately 6 feet 7 inches) 2.5 metres (approximately 8 feet 2 inches) No maximum 5 Fence that is: - on an unroofed deck; not in a Front Yard; and - not within 2.4 metres (7 feet 10 in) of a Lot Line abutting a Public Highway* 2.0 metres (approximately 6 feet 7 inches) above surface of deck 2.0 metres (approximately 6 feet 7 inches) above surface of deck No maximum 6 Fence that is: - not in a Front Yard; - not a Fence under Items 3, 4 or 5 of this Table; and - abutting a Multi- Residential Property, a Non-Residential Property, a Public Highway or a public walkway 2.5 metres (approximately 8 feet 2 inches) 2.5 metres (approximately 8 feet 2 inches) No maximum 7 Fence that is: - abutting a rapid transit right of way 2.5 metres (approximately 8 feet 2 inches) No maximum No maximum 8 Fence that is: - abutting a tennis court, baseball diamond or other recreational facility 3.0 metres (approximately 9 feet 10 inches) No maximum No maximum 9 Any other Fence 2.0 metres (approximately 6 feet 7 inches) 2.5 metres (approximately 8 feet 2 inches) No maximum Notwithstanding 6.0(1), where more than one description in Table 1 applies to a Fence, each portion of the Fence that corresponds to a single description shall be deemed to be a separate Fence for the purpose of determining the maximum Height for that portion. Notwithstanding 6.0(1), any Fence or portion of the Fence which obstructs the sightline of vehicular or pedestrian traffic, must be of Open-Fence Construction or Erected to create a Sight Triangle, to the satisfaction of City staff, such that: (a) any Fence within 2.4 metres (approximately 7 feet 10 inches) of any driveway shall be an open mesh chain-link Fence or of an equivalent Open-Fence Construction for at least 2.4 metres (approximately 7 feet 10 inches) from the Lot Line at which the driveway begins so as not to obstruct the view of the boulevard or Highway; (b) any Fence in a Parking Lot or within a Parking Area shall be of an Open- Fence Construction, such as an open mesh chain-link Fence. Any Fence in a Parking Lot or within a Parking Area, including, any vegetation on or about such Fence, shall not restrict the sightlines of vehicular or pedestrian traffic; (c) vegetation shall not be permitted to obstruct the view through Open-Fence Construction; and (d) any other Fence or portion of the Fence which obstructs the Sight Lines of vehicular or pedestrian traffic. Where a Yard of one Property abuts the Yard of an adjoining Property, and at least one of the abutting Yards fronts onto a Public Highway and has the governmental approved access onto such Public Highway, then either: (a) any Fence Erected must be of Open-Fence Construction; or (b) any Fence must be Erected to create a Sight Triangle to the satisfaction of City staff. 7.0 Exemptions from the Fence By-law An Owner of land in which a Fence is located may make an application in writing to the Director of By-law and Compliance, Licensing and Permit Services for an exemption to this By-law with respect to Fence Height, Fence materials, Fence location, or other matters. The Director of By-law and Compliance, Licensing and Permit Services shall send a notice to the other Owners of properties within a 60.0 metre (approximately 197 feet) radius of the applicant Owner providing notification of the application and inviting comments; For greater certainty, a Fence that encroaches onto the boulevard in compliance with the Encroachment By-law, as amended, or its successor by-law, is also subject to an exemption request under 7.0(1); The power and authority to grant or refuse a Fence By-law exemption is hereby delegated to the Director of By-law and Compliance, Licensing and Permit Services; The Director of By-law and Compliance, Licensing and Permit Services shall refuse the Fence By-law exemption application where any of the Property Owners abutting the applicant Owner objects to the Fence By-law exemption; Notwithstanding any objection of an adjoining Owner(s) of properties, the Director of By-law and Compliance Licensing and Permit Services may grant a Fence By-law exemption application where the Fence By-law exemption is deemed necessary for the health and safety of the public. Where the adjoining property Owner(s) does not object to the Fence By-law exemption, and the Fence By-law exemption is not necessary for the health and safety of the public, the Director of By-law and Compliance, Licensing and Permit Services may grant or refuse the Fence By-law exemption, and shall consider the impact on the community in making this decision, including: (a) the Height of Fences on abutting lands; (b) the length of time the Fence has been in place; (c) any input received from Property Owner(s) of properties to whom notice has been provided under Section 7.0; (d) any impact that the Fence would have on sightlines; and (e) any other potential impacts to community health and safety. After a decision is made, the Director of By-law and Compliance, Licensing and Permit Services, shall give written notice to the Owner of the decision. The written notice to be given in 7.0(7) shall: (a) set out the grounds for the decision; (b) give reasonable particulars of the decision; (c) be signed by the Director of By-law and Compliance, Licensing and Permit Services; and (d) state that the Owner is entitled to appeal the decision to the Hearings Officer within fourteen (14) days after the notice is served, by providing a notice in writing to the By-law and Compliance, Licensing and Permit Services Department requesting a hearing from the Hearing Officer accompanied by the non-refundable appeal fee in The Fees and Charges By-law 171-2013, as amended, or its successor by-law. 8.0 Swimming Pool Enclosure Requirements The Owner of a Swimming Pool shall Erect and maintain around the Swimming Pool and shall ensure that the Swimming Pool Enclosure: (a) Shall meet the applicable criteria found in Schedule "A": (b) Is in compliance with this By-law such that it is structurally sound, stable, safe and capable of performing its intended use. 9.0 Swimming Pool Enclosures Permits No Owner shall excavate for or Erect, or cause or allow excavation for or Erection of a Swimming Pool without first obtaining the appropriate Swimming Pool Enclosure Permit certifying approval from the Director of Development Engineering, for the construction of a Swimming Pool Enclosure for the Swimming Pool. Notwithstanding 9.0(1), a temporary Fence must be Erected prior to any excavation or Erection related to the Swimming Pool or Swimming Pool Enclosure, such that the temporary Fence shall be Erected in a good, workmanlike manner and shall consist of steel "T" posts spaced at not more than 1.2 metres (approximately 4 feet) apart and embedded at least 60.0 centimetres (approximately 2 feet) into the ground with 3.8-centimetre (approximately 1.5-inch) plastic mesh fencing at least 1.2 metres (approximately 4 feet) high that is securely fastened to the posts at 20.0-centimetre (approximately 7.9-inch) centres and horizontally secured at the top and bottom by an eleven-gauge steel lacing cable threaded through the mesh and looped and fastened to each post, or any other Fence acceptable to an Officer. An application made by an Owner for a Swimming Pool Enclosure Permit, including an In-Ground, Permanent Above-Ground or Seasonal/Temporary Swimming Pool Enclosure Permit, shall be in the form required by the Director of Development Engineering, and shall be accompanied by: (a) a description of the pool, including whether it is an In-Ground, Permanent Above-Ground or Seasonal/Temporary Swimming Pool; (b) plans showing the location of the Swimming Pool in relation to Lot Lines and adjacent buildings; (c) plans providing complete details of the Swimming Pool Enclosure; and (d) plans providing any other details and information required by the Director of Development Engineering, for determining compliance with this by-law; (e) payment of the non-refundable Swimming Pool Enclosure Permit application fee set out in the Fees and Charges By-law 171-2013, as amended, or its successor by-law; and (f) payment of a Swimming Pool Enclosure Permit deposit for In-Ground Swimming Pool Enclosure Permits as set out in the Fees and Charges By-law 171-2013, as amended, or its successor by-law. An In-Ground or Permanent Above-Ground Swimming Pool Enclosure Permit is only required to be obtained once for a given Swimming Pool on a given Lot. Once a Swimming Pool Enclosure Permit has been approved for a given Lot, the Permit Holder may Erect the Seasonal/Temporary Swimming Pool subsequent times without obtaining an additional Swimming Pool Enclosure Permit, provided that the original Swimming Pool Enclosure Permit was not revoked; and that the Seasonal/Temporary Swimming Pool is Erected within the dimensions and same location of the Swimming Pool shown on the Permit application. The Director of Development Engineering shall refuse, revoke or apply conditions to a Swimming Pool Enclosure Permit if: (a) the proposed Swimming Pool Enclosure would contravene this By-law or any other applicable law; (b) the Swimming Pool Enclosure Permit was issued in error or on mistaken, false or incorrect information; and/or (c) the required Swimming Pool Enclosure Application Fee, set out in Fees and Charges By-law 171-2013, as amended, or its successor by-law, has not been paid. No Person shall place water in a privately-owned outdoor Swimming Pool, or allow water to remain therein, unless the Swimming Pool Enclosure prescribed by this By- law has been inspected and approved by the City as Erected. Notwithstanding 9.0(7), if necessary to prevent damage to the Swimming Pool, a Person may fill a Swimming Pool with water when temporary fencing has been Erected in compliance with this By-law only to the Depth necessary to prevent damage, however the Swimming Pool shall not be used until the Swimming Pool Enclosure has been Erected and inspected by an Officer who has confirmed it is in full compliance with this By-law. The Owner of the Swimming Pool shall contact the City once the Swimming Pool Enclosure is complete and ready for inspection and shall pay any required Re- inspection fees as set out in Fees and Charges By-law 171-2013, as amended, or its successor by-law. If the Swimming Pool Enclosure has not passed the final inspection within one year of the date of issuance, the Swimming Pool Enclosure Permit will expire unless the Owner has applied for and obtained a one-year Swimming Pool Enclosure Permit extension in the form required by the Director of Development Engineering, and shall be accompanied by payment of the non-refundable fee set out in the Fees and Charges By-law 171-2013, as amended, or its successor by-law. If a decision is made by the Director of Development Engineering to place conditions on, refuse or revoke the application or Permit, the Director of Development Engineering shall provide a written notice of that decision to the Owner advising of the decision with respect to the Application or Permit. The written notice given in Section 9.0(11) shall: (a) set out the grounds for the decision; (b) give reasonable particulars of the grounds; (c) be signed by the Director of Development Engineering; and (d) state that the Owner is entitled to appeal the decision to the Hearings Officer within fourteen (14) days after the notice is served, by providing a notice in writing to the City requesting a hearing from the Hearings Officer accompanied by the non-refundable appeal fee. Where no appeal is registered within the required time period the decision of the Director of Development Engineering shall be final. Where the Owner who holds the permit requests a hearing before the Hearings Officer within the required time period, the Director of Development Engineering, shall notify the Owner of the time, place and date of the appeal hearing. 10.0 Appeals to the Hearings Officer The powers and authority to hear appeals from decisions made by the Director of By-law and Compliance, Licensing and Permit Services or Director of Development Engineering, pursuant to 7.0 and 9.0, are hereby delegated to the Hearings Officer. Where an Owner wishes to appeal the decision with respect to a Fence By-law exemption or Swimming Pool Enclosure Permit application, the Owner shall deliver a notice in writing to the By-law and Compliance Department within 14 days of being served with the decision. The notice in 10.0 (2) shall be accompanied by a non-refundable appeal fee as set out in the City's Fees and Charges By-law 171-2013, as amended, or its successor by-law. Where the Owner requests an appeal within the required time period, and pays the required appeal fee, the By-law and Compliance, Licensing and Permit Services Department shall provide written notice to the Owner of the time, place and date of the appeal hearing. When an appeal hearing date before the Hearings Officer has been set or fixed, and the Owner having been provided with written notice referred to in 10.0(4), and the Owner fails to attend at the appointed time, place and date, the Hearings Officer may proceed in their absence and the Owner will not be entitled to any further notice in the proceedings. At the appeal hearing, the onus shall be upon the Owner to show cause why: (a) the Permit or Fence By-law exemption applied for should not be refused; (b) the Permit or Fence By-law exemption should not be revoked; or (c) the conditions or special conditions should not be imposed on the Permit or Fence By-law exemption. The Hearings Officer may: (a) uphold or vary the decision of the Director of By-law & Compliance, Licensing and Permit Services or Director of Development Engineering; or (b) make any decision that the Director of By-law & Compliance, Licensing and Permit Services or Director of Development Engineering was entitled to make in the first instance. In making the decision as per 10.0(7), the Hearings Officer: (a) the Hearings Officer shall consider the grounds in 7.0(6) and 9.0(6), as appropriate; (b) the objection of an adjoining Owner of a Property does not bind the Hearings Officer but shall also be considered in rendering the decision. All appeal hearings shall be public hearings. At the conclusion of the appeal hearing, the Hearings Officer may give their decision orally or reserve such decision, but in either case shall provide the decision in writing, with reasons, within fourteen (14) days of the hearing to the Owner and the Director of By-law and Compliance, Licensing and Permit Services. The decision of the Hearings Officer is final and binding. 11.0 Liability The provisions of this By-law shall not be construed as relieving or limiting the responsibility or liability of any Person who has lawfully or unlawfully Erected, placed, and/or Altered a Fence which has contributed to any Personal injury, including injury resulting in death or Property damage, or from acts or omissions of such Person, or their agents, employees or contractors, in the Erection, placement and/or alteration of a Fence. Likewise, provisions of this By-law shall not be construed as acceptance by the City, its Officers, employees, or agents of any responsibility or liability whatsoever by reason of allowing, approving the request for, or activities related to Erection of a Fence, granting a Fence By-law exemption or Swimming Pool Enclosure Permit. The City is not responsible for any damages, losses or injuries caused by or to Erection of a Fence or Swimming Pool Enclosure. For further clarity, the City is not responsible for any damages caused as a result of the City's operations, including, but not limited to, investigation of Fence-related complaints or Fence inspections. 11.0 Authority of Directors The Director of By-law and Compliance, Licensing and Permit Services, or Director of Development Engineering, shall have delegated authority to: (a) Revoke a Fence By-law exemption or Swimming Pool Enclosure Permit that has been issued as a result of false or misleading statements, or undertakings, in the application, or that has been issued in error; (b) Impose terms and conditions on any application for Fence By-law exemption or Swimming Pool Enclosure Permit as deemed appropriate under this By- law; 12.0 General Regulatory Requirements Every Person who contravenes any provision of this By-law is guilty of an offence and is liable to a fine, and such other penalties, as provided for in the Provincial Offences Act and the Municipal Act, 2001, as each may be amended from time to time 13.0 Administration, Notices and Records Any notice or other information required or authorized to be forwarded, given or served under this By-law is sufficiently given if delivered personally or sent by first- class prepaid mail addressed to the Person to whom delivery is required to be made at the address shown on the application or at last address shown or appearing on the records of the City. Where service is effected by mail, it shall be deemed to be made on the fifth day after the date of mailing, unless the Person on whom service is being made establishes to the satisfaction of the Director of By-law and Compliance, Licensing and Permit Services, that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond their control, receive the notice or Order until a later date. 14.0 Enforcement The provisions of this By-law may be enforced by an Officer. An Officer, employee, or agent of the City acting under this By-law may enter and inspect all lands, buildings, structures or parts thereof that are subject to this By-law at any reasonable time with or without notice at the discretion of the City for the purposes of determining whether there is compliance with this By-law. An Officer who has reasonable grounds to believe that a Person has contravened any provision of this By-law may require that Person provide identification to the Officer. Any information provided to the Officer is presumed to be correct and accurate and is admissible in any proceeding. All Persons who are required by an Officer to provide identification under 14.0(3) shall provide such identification to the Officer. Failure to provide sufficient or correct and accurate identification shall constitute an offence as set out under section 17.0 of this By-law. An Officer may issue an Order to any Person governed by the provisions of this By- law, directing such Person to: (a) discontinue a contravening activity; or (b) do work to correct a contravention. Failure to comply with an Order under 14.0(7) is an offence and every Person named in such Order may be subject to administrative monetary penalties and any other penalties and remedies prescribed under this By-law under Sections 16.0 and 17.0. No Person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer, employee or agent of the City who is exercising a power or performing a duty under this By-law. With respect to the Swimming Pool Enclosure deposit in Section 9.0(3)(e): (a) The Director of By-law and Compliance, Licensing and Permit Services, or Director of Development Engineering, may use any amount from the deposit to cover any remedial action or other costs incurred by the City as a result of the Swimming Pool Enclosure. (b) Deposits shall be applied to any damages or to any other costs incurred by the City to bring the Public Highway or other City Property back to its condition prior to the event and will not be returned until after the Swimming Pool Enclosure Permit holder are in compliance with this and other by-laws, and other pertinent regulation. (c) Where the costs associated with any remedial action taken by the City exceed the amount of the deposit, the City shall issue a bill for the difference. Where the bill is not paid a timely manner, the billed amount shall be considered a debt to the City and added to the tax roll of the Swimming Pool Enclosure Permit holder. 15.0 Powers of Entry and Inspection Officers, and any Person acting under their direction, may, at any reasonable time or at any time when there are reasonable grounds to believe that a contravention of this By-law is occurring or alleged to be occurring and subject to applicable law, enter onto any Property at any reasonable time to determine if the provisions of this Bylaw are being complied with. Officers are authorized, for the purposes of an inspection to determine and enforce compliance with the By-law, to: (a) enter, at any reasonable time, onto any Property, other than a Dwelling Unit unless authorized by the occupier of such Dwelling Unit or under the authority of a warrant issued by a court of competent jurisdiction; (b) require any Person to produce for inspection any substance, equipment, documents, or other things relevant to the alleged offence or inspection; (c) alone or in conjunction with Persons possessing special or expert knowledge, make examinations, take tests and measurements, obtain samples, and/or make audio, video and/or photographic records relevant to the alleged offence or inspection; and/or (d) require information from any Person concerning the alleged offence or inspection. 16.0 Administrative Monetary Penalties Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended, for a breach of any provisions of this By-law, an Officer may issue an administrative monetary penalty to the Person who has contravened this By-law If an administrative monetary penalty is issued to a Person under 16.0(1), no charge shall be laid against that same Person for the same breach. The amount of the administrative monetary penalty for a breach under this Bylaw is $250. A Person who is issued an administrative monetary penalty shall be subject to the procedures provided for in the Administrative Monetary Penalties By-law 063-2019, as amended or its successor by-law. An administrative monetary penalty imposed on a Person that becomes a debt to the City under the Administrative Monetary Penalties By-law 063-2019, as amended or its successor by-law, may be added to the municipal tax roll and collected in the same manner as municipal taxes. 17.0 Fines Every Person who contravenes a provision of this By-law or direction provided by an Officer in order to achieve compliance shall be guilty of an offence and upon conviction shall be liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, C. P.33, as amended. 17.0 Recovery of expenses All expenses incurred by the City in connection with the enforcement of this By-law shall be paid by the Owner within 30 days of their billing date, and in the event of failure to pay the entire amount due within the said 30 days, at the discretion of the City, the outstanding balance of the invoice may thereafter be added to the tax roll. Notwithstanding 17.0(1), the City may recover all expenses owing under the enforcement of this By-law by a court action as a debt due to the City. Where a fine is in default, the City may proceed with civil enforcement against the Person upon whom the fine has been imposed, pursuant to the Provincial Offences Act, R.S.O. 1990, Chapter P.33. The City may make a request to the treasurer of a local municipality to add any part of a fine that is in default to the tax roll for any Property in the local municipality for which all of the Owners are responsible for paying the fine, and to collect it in the same manner as municipal taxes. 18.0 Severability Where a court of competent jurisdiction declares any section of this By-law to be invalid, or to be not in force, or without effect, the remainder of this By-law shall continue in force and be applied and enforced in accordance with its terms to the fullest extent possible according to law. 19.0 Transition If charges were laid under a previously repealed by-law at the time it was enacted, they are still valid. This By-law apples to all Fences Erected as of the date this By-law is enacted. Any Fence or Swimming Pool Enclosures that were lawfully Erected prior to the enactment of the by-law is deemed to comply with this By-law until they are replaced, and any replacement Fence or Swimming Pool shall comply with this By- law. This By-law does not apply to Fences previously exempted by City Council. 20.0 Conflict with other City by-laws Where there is a conflict or contradiction between this By-law and any other by-law of the City, the provisions establishing the more restrictive standard shall prevail. 21.0 Repeal of other by-laws The Fence By-law No. 80-90, and its amending by-laws, 240-99, 162-2004, 203- 2006, 208-2007, 29-2014 and its amending by-laws, are hereby repealed and replaced. 22.0 Force and effect This By-law shall come into force and effect on the date it is enacted. Enacted by City of Vaughan Council this 15th day of December, 2020. Hon. Maurizio Bevilacqua, Mayor Todd Coles, City Clerk Authorized by Item No. 8 of Report No. 57 of the Committee of the Whole Adopted by Vaughan City Council on December 15, 2020. Schedule "A" - Swimming Pool Enclosure Requirements Height and Entrance Requirements The Owner of a pool shall Erect and maintain around the pool a Fence or wall, or combination thereof, which shall meet the following criteria: (a) A wall including the outside wall of a building may be used as one or more sides of a Fence provided that the main entrance to the building shall not be located in such wall. If a service entrance is located in such a wall, it shall have a self-closing door equipped with a self-latch device located not less than 1.22 metres (approximately 4 feet) above the bottom of the door. (b) The Fence and/or wall shall be a minimum of 1.22 metres (approximately 4 feet) in Height above the Grade of the lands. The Grade of the lands for the purpose of this section shall mean the Grade of the lands located on the outside of the Fence located within 0.9 metres (approximately 3 feet) of the Fence. (c) Notwithstanding Schedule "A" section (1), if a Swimming Pool Enclosure is Erected in compliance with this provision and the Grade of the lands that are adjacent to the Lot on which the Swimming Pool is Erected is raised, the Swimming Pool Enclosure shall be deemed to remain in compliance. Materials and Standards The Swimming Pool Enclosure shall be constructed by the Owner with the following materials and standards: (a) A Chain Link Fence may be Erected provided that such a Fence shall not be less than 12-gauge wire with not more than 3.7-centimetre (approximately 1.5 inches) mesh, or other chain link of equivalent strength with mesh not exceeding 3.7 centimetres (approximately 1.5 inches); (b) A Wood Board Fence or Wrought Iron Fence may be Erected provided that such Fence meet the following criteria: i. Vertical boards or iron bars shall not be placed more than 10 centimetres (approximately 4 inches) apart. ii. Vertical boards shall be of not less than 1.90 centimetre by 8.90 centimetre (approximately 1 inch by 4-inch lumber) and shall be attached to rails that are not less than 3.8 centimetre by 8.9 centimetre (approximately 2 inches by 4-inches) in size. i. The rails of vertical boards shall be supported on posts that are a minimum dimension of 10.0 centimetre (approximately 4 inches) spaced not more than 2.4 metres (approximately 8 feet) apart and embedded to a minimum Depth of 0.60 metres (approximately 2 feet) below Grade. (c) A glass Swimming Pool Enclosure may be Erected provided that such Fence meet the following criteria: iii. Glass panels shall be located so there is no opening of more than 3.8 centimetres between the panel and the post where horizontal elements are spaced less than 1.2 metres (approximately 4 feet) apart, and not more than 10.0 centimetres (approximately 3.9 inches) apart where horizontal elements are spaced more than 1.2 metres (approximately 4 feet) apart; iv. Horizontal elements shall be supported on posts that are spaced not more than 2.4 metres apart (approximately 8 feet), securely fastened to the ground and structurally sound. v. The Swimming Pool Enclosure meets Canadian General Standards Board (CAN/CGSB) standards, including CAN/CGSB-12.1-M Glass standards for Tempered or Laminated Safety Glass or Wired Safety Glass, or successor standards, to the satisfaction of City staff. (d) A metal picket Fence used in a Swimming Pool Enclosure shall be constructed as follows: i. Vertical pickets shall be spaced not more than 3.8 centimetres apart where horizontal rails are spaced less than 1.2 metres (approximately 4 feet) apart and not more than 10.0 centimetres apart where horizontal rails are spaced at least 1.2 metres (approximately 4 feet) apart; and ii. Horizontal rails shall be supported on posts that are spaced not more than 2.4 metres apart, securely fastened to the ground and structurally sound. (e) A masonry wall that is not a part of a building and is used in a Swimming Pool Enclosure as follows: i. The wall shall present a minimum 1.2-metre (approximately 4 feet) Non-Climbable surface to the exterior of the enclosed area. ii. It shall be constructed of a minimum double course brick or single course concrete block with a minimum width of 20.0 centimetres, and securely attached to a minimum 1.2-metre (approximately 4 feet) deep concrete foundation. iii. Where the wall abuts a building or gate there shall be no opening between the wall and the building or gate which exceeds 3.8 centimetres where there are horizontal elements less than 1.2 metres (approximately 4 feet) apart, or which exceeds 10.0 centimetres where there are no horizontal elements or where horizontal elements are in excess of 1.2 metres apart. iv. All components of a masonry wall used as a part of a Swimming Pool Enclosure shall conform with CSA S304.1. (f) Other forms of Swimming Pool Enclosures may be Erected provided that they are constructed to be similarly Non-Climbable and provide an equivalent degree of safety, such that for the first 1.2 vertical metres (approximately 4 feet) of the Swimming Pool Enclosure, as measured from Grade upwards must meet the following applicable conditions: i. any Swimming Pool Enclosure of chain link construction, has mesh not greater than 3.8 square centimetres (approximately 1.5 square inches) for a minimum of 1.2 metres (approximately 4 feet) vertically; ii. no horizontal opening or step is greater than 3.8 square centimetres (approximately 1.5 square inches) in width for 1.2 metres (approximately 4 feet) vertically, or where horizontal components are a minimum of 1.2 metres (approximately 4 feet) apart, there shall be no opening greater than 10.0 centimetres (approximately 4 inches); iii. any diagonal components, such as a lattice Fence, the maximum opening formed by the diagonal members should be no more than 3.8 square centimetres (approximately square 1.5 inches) for a minimum of 1.2 metres (approximately 4 feet) from Grade; Requirements - Swimming Pool Enclosure Gates The Owner is required to all gates in the Swimming Pool Enclosure shall meet the following requirements: (a) It shall be constructed of similar Chain Link fencing material as the Swimming Pool Enclosure or of a material of equivalent or greater strength. (b) It will not have more than 3.7-centimetre (approximately 1.5-inch) mesh. (c) It will have an equivalent degree of safety as the supporting Swimming Pool Enclosure. (d) It shall comply with the Height requirements for the Swimming Pool Enclosure. (e) It shall be supported by hinges and be equipped with self-closing and self- latching devices on the inside of the Gate at a point not less than 1.22 metres (approximately 4 feet) in Height. a. All automatic closing devices and their power back-up systems shall be in compliance with the applicable product and installation standards of the Canadian Standards Association. (f) Shall be constructed so that there shall not be a projection, rail, attachment or bracing that will facilitate climbing thereof from the outside. (g) Shall be kept closed and locked at all times. (h) The bottom of the gate shall be located not more than 5.0-centimetres (approximately 2 inches) above Grade at any point. Lockable Cover If a Swimming Pool has a lockable cover, the Owner must close and lock when the cover when Pool area is not in active use.