This is the exact embedded text of the captured official document.
Snapshot b5e0d0062219 · verified 2026-08-29 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWNSHIP OF WAINFLEET
BY-LAW NO. 012-2020
Being a by-law to repeal and replace By-law
No. 013-2005 being a by-law to regulate
Fences in the Township of Wainfleet
WHERAS the Municipal Act 2001, S.O. s.8, as amended, provides that the
municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under the Municipal Act or any other Act; and
WHEREAS the Municipal Act 2001, S.O. s.11, as amended, provides that a
municipality may pass by-laws respecting matters within a list of identified spheres of
jurisdiction that includes Fences; and
WHEREAS the Municipal Act, 2001, S.O. s.446, as amended, provides that if a
municipality has the authority under this or any other Act or under a by-law under this or
any other Act to direct or require a person to do a matter or thing, the municipality may
also provide that, in default of it being done by the person directed or required to do it,
the matter or thing shall be done at the person's expense; and
WHEREAS the Municipal Act, 2001, S.O. s.434(1), as amended, provides that a
municipality may 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 this
Act.
NOW THEREFORE the Council of the Corporation of the Township of Wainfleet
HEREBY ENACTS AS FOLLOWS:
1.
SHORT TITLE
1.1.
This By-law may be referred to as the "Fence By-law" or the "Wainfleet Fence
By-law."
2.
DEFINITIONS
2.1.
Cannabis Production Facility - means any land, building or structure used for
growing, producing, processing, testing, destroying, storing, packaging and/or
shipping of cannabis. A Cannabis Production Facility does not include growth,
production and processing of four (4) or less cannabis plants on a lot for
personal use and does not include the retailing of cannabis products under a
retail operator license issued under the Cannabis License Act, 2018.
BL012-2020
2020 03 10
Page 2
2.2.
Closed-Style Fence - means a Fence constructed so that at least two thirds of
its vertical surface is closed space and that provides a visual barrier to shield
any part of a yard from view from any adjacent property.
2.3.
Fence - means a barrier, 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 lands,
and includes any hedge or shrub that has the same effect.
2.4.
Front Yard - means the space, extended to the full width of the lot, including
any side Lot Lines, between the main front wall of a dwelling and the Lot Line
abutting a public highway, but on a corner lot means the space, extended to the
full width of the lot, including any side Lot Line, between the shorter Lot Line
abutting a public highway, other than a public lane, and the nearest wall of the
main dwelling on the lot. For greater certainty, Schedule "B" attached hereto
and forming part of this by-law shall illustrate an example of a Front Yard.
2.5.
Height - means the dimension from the established finished grade of the
property installing the Fence to the top of the finished Fence.
2.6.
Lot Line - means a Lot Line is the boundary line on all sides of a lot that marks
the division of properties.
2.7.
Open-Style Fence - means a Fence constructed so that at least two thirds of its
vertical surface is open space.
2.8.
Rear Yard - means a yard extending across the full width of the lot between the
rear Lot Line and a line drawn parallel or concentric thereto and through the
point of the main wall of the main dwelling closest to the rear Lot Line. Where
there is no rear Lot Line, the Rear Yard shall be measured from the intersection
of the side Lot Lines to the closest point of the main wall of the main dwelling.
For greater certainty, Schedule "B" attached hereto and forming part of this by-
law shall illustrate an example of a Rear Yard.
2.9.
Security Fence - means Fences and gates installed and used primarily to
define the perimeter of protected areas, such as restricted areas, controlled
areas, entry control/access control points, installation perimeters, and to provide
a physical and psychological deterrent to entry and preventing unauthorized
personnel from entering a protected area.
2.10.
Side Yard - means a yard extending from the Front Yard to the Rear Yard
between the side Lot Line and a line drawn parallel or concentric thereto and
through the point of the main wall of a dwelling closest to the side Lot Line. For
greater certainty, Schedule "B" attached hereto and forming part of this by-law
shall illustrate an example of a Side Yard.
BL012-2020
2020 03 10
Page 3
2.11.
Sight Triangle - means a triangle formed by the boundaries of the lot common
within the road allowance lines and a straight line connecting points on each of
the said boundaries measured a distance of 9.2 metres (30 feet) from the point
where they intersect and in a case where the lot boundaries abutting the
intersecting roads are joined by a curve, the area between the chord joining the
beginning and ending of such curve and the road line.
2.12.
Swimming Pool - means any outdoor structure or thing located on privately
owned property that is capable of being used for swimming, wading or bathing
and in which the water depth at any point can exceed 0.6 metres (2 Feet)
2.13.
Swimming Pool Enclosure - means a Fence, wall, pool wall or other
structure, including any permitted door, gate or other opening, which surrounds
and restricts access to an outdoor Swimming Pool to a minimum Height of 1.22
metres (4 feet) and does not facilitate climbing.
3.
APPLICATION OF THIS BY-LAW
3.1.
This by-law shall apply to all property in the Township of Wainfleet.
4.
SCOPE
4.1.
No person shall erect, own or maintain, or cause or permit the erection or
maintenance of any Fence on private property that does not comply with this
By-law and with any other applicable law.
5.
FENCES
5.1.
Fence Height
5.1.1. No person shall erect, own or maintain, or cause or permit the erection or
maintenance of any Fence of a Height greater than 1.22 metres (4 feet) above
grade in a Front Yard.
5.1.2. No person shall erect, own or maintain, or cause or permit the erection or
maintenance of, any Fence of a Height greater than 1.83 metres (6 feet) above
grade in a Rear Yard or Side Yard.
5.1.3. Notwithstanding 5.1.1 and 5.1.2, where a residential zone abuts an industrial or
commercial zone, every person may construct a Fence to a maximum Height of
2.4 metres (8 feet).
5.1.4. Notwithstanding 5.1.1 and 5.1.2, where an industrial zone abuts a rural zone,
every person may construct a Fence to a maximum the Height of 2.4 metres (8
feet).
BL012-2020
2020 03 10
Page 4
5.2.
Properties that Abut Lake Erie
5.2.1. On property that abuts Lake Erie, no person shall erect a Closed-Style Fence in
the Rear Yard that is located more than 3.65 metres (12 feet) from the rear wall
of the main dwelling on the property.
5.2.2. On a vacant lot property that abuts Lake Erie, the Rear Yard shall be deemed to
commence from a distance equivalent to the rear wall of a dwelling on an
adjacent lot that is closest to Lake Erie.
5.3.
Fences around Cannabis Production Facilities
5.3.1. An approved Cannabis Production Facility shall erect and maintain a Security
Fence around the perimeter of any building, land or structure that is used for
growing, producing, processing, testing, destroying, storing, packaging and/or
shipping of cannabis at a Height of 2.4 metres (8 feet).
6.
FENCE CONSTRUCTION MATERIALS
6.1.
No person shall erect, own or maintain, or cause or permit the erection or
maintenance of any Fence composed wholly or partially of used vehicle tires,
barbed wire, razor wire or sheet metal.
6.2.
No person shall erect, own or maintain, or cause or permit the erection or
maintenance of an electrical Fence, except in an agricultural or rural zone.
7.
FENCE LOCATION
7.1.
The location of a line Fence is the responsibility of the property owners and
shall be located directly on the Lot Line, as determined by a registered survey
prepared by an Ontario Land Surveyor. Should the Fence not be a line Fence,
then it must be contained wholly within the property of the person constructing
said Fence.
8.
SIGHT TRIANGLES
8.1.
No person who uses any land or erects buildings or structures thereon shall
place in or on a corner lot any wall, Fence, tree, hedge or other barrier, which
would obstruct visibility above a Height of 0.6 metres (2 feet) above the grade in
a Sight Triangle.
9.
SWIMMING POOL ENCLOSURES
9.1.
Every owner of a privately owned Swimming Pool shall erect and maintain a
Fence completely surrounding such Swimming Pool in accordance with the
provisions of this By-law.
BL012-2020
2020 03 10
Page 5
9.2.
Notwithstanding Section 9.1 of this By-law, an owner of an above-ground
Swimming Pool is not required to erect a Fence surrounding said structure
provided the following provisions are met:
i.
the wall of the pool structure, provided that there is no deck, is at least
1.22 metres (4 feet) in Height above grade;
ii.
there is no exterior horizontal or vertical or diagonal bracing on the
Swimming Pool structure that may be used as a foothold or handhold to
facilitate climbing;
iii.
there are no footholds or handholds which reduce the effective Height of
the wall to less than 1.22 metres (4 feet);
iv.
that any stair, ramp, walkway or ladder providing access to an above-
ground Swimming Pool structure are removed or raised and locked at a
Height of at least 1.22 meters (4 feet) when the pool is not in use;
v.
where any stair, ramp, walkway or ladder do not comply with Section
9.2(iv.), a Fence and self-closing gate both of which are at least 1.22
metres (4 feet) in Height shall enclose the stair, ramp, walkway or
ladder;
vi.
where any stair, ramp, walkway or deck is constructed, a building permit
shall be obtained.
9.3.
This section does not apply to inflatable or tube and liner construction above
ground Swimming Pools.
10.
MAINTENANCE OF FENCES
10.1.
Every person shall maintain every Fence in a good state of repair as follows:
i.
the Fence is complete and in a structurally sound condition and plumb
and securely anchored;
ii.
the Fence is protected by weather-resistant materials; and
iii.
the Fence components are not broken, rusted, rotten or in a hazardous
condition.
BL012-2020
2020 03 10
Page 6
11.
FENCE HEIGHT EXCEPTIONS
11.1.
The provisions of this By-law relating to the Height of Fences, except the
provisions of Section 8 of this By-law, do not apply to lands owned or leased
and used by:
i.
The Corporation of the Township of Wainfleet;
ii.
The Regional Municipality of Niagara;
iii.
Any Department or Agency of the Federal or Provincial Government;
iv.
Any Public Utility including electricity, gas, telephone, or telegraph;
v.
Any person or agency for the purpose of or incidental to the purpose of
providing public transport;
vi.
Any public or private school;
vii.
Any person for the purpose of temporarily protecting any excavation or
construction site.
12.
ADMINISTRATION AND INTERPRETATION
12.1.
Any Fence in existence at the date of passing of this By-law, which does not
conform to the provisions herein, and which anytime thereafter, is in need of
replacement or reconstruction, shall be built in conformity with the provisions of
this By-law.
12.2.
Where this By-law may conflict with any other by-law, this By-aw shall prevail to
the extent of the conflict.
13.
ENFORCEMENT
13.1.
The Municipal Law Enforcement Officer or their designate shall enforce the
provisions of this By-law and are authorized to enter on land at any reasonable
time for the purpose of carrying out an inspection to determine whether or not
this By-law is being complied with.
13.2.
Where an owner fails to comply with any provision of this By-law, an order may
be issued to the owner requiring compliance.
13.3.
No Person shall hinder or obstruct a Municipal Law Enforcement Officer from
carrying out an inspection of lands, nor shall any person obstruct any employee
or agent authorized to carry out work for the Township specified in an order
issued hereunder.
BL012-2020
2020 03 10
Page 7
14.
PENALTY
14.1.
Any person who contravenes any provision of this By-law is guilty of an offence
and upon conviction is liable to a fine or penalty as provided for in the Provincial
Offences Act, R.S.O. 1990, as amended.
14.2.
Any person who contravenes this By-law may be issued an administrative
penalty in accordance with the AMPS By-law for Non-Parking Offences No.
027-2019 in accordance with Schedule "A", attached hereto and forming part of
this By-law.
15.
SEVERABILITY
15.1.
Every provision of this By-law is declared to be severable from the remainder of
the By-law, and if a court of competent jurisdiction shall declare any provisions
of this By-law invalid, such declaration shall not affect the validity of the
remainder of the By-law.
16.
MUNICIPAL REMEDIAL ACTION
16.1.
Any remedial works done under this by-law shall not be undone and the
municipality shall not be required to provide compensation as a result of doing
the remedial work.
17.
REPEAL
17.1.
By-law No. 019-2005 of the Corporation of the Township of Wainfleet and any
other by-law relating to the regulation of Fences is hereby repealed.
BY-LAW READ AND PASSED THIS 10th DAY OF MARCH, 2020.
K. Gibson, MAYOR
M. Ciuffetelli, DEPUTY CLERK
SCHEDULE "A" TO BY-LAW NO. 012-2020
Short Form Wording and Administrative Penalties
Section
Short Form Wording
Penalty
4.1
Erect a Fence prohibited by this By-law
$200.00
5.1.1
Erect a Fence in excess of Height requirements - Front Yard
$150.00
5.1.2
Erect a Fence in excess of Height requirements - Rear Yard/Side
Yard
$150.00
5.1.3
Erect a Fence in excess of Height requirements - Where a
residential zone abuts an industrial or commercial zone
$150.00
5.1.4
Erect a Fence in excess of Height requirements - Where an
industrial zone abuts a rural zone
$150.00
5.2.1
Erect Closed-Style Fence where prohibited
$150.00
5.3.1
Fail to erect a Security Fence - Cannabis Production Facility
$250.00
6.1
Erect a Fence using prohibited materials
$100.00
6.2
Erect an electrical Fence outside of an agricultural or rural zone
$100.00
8.1
Erect a Fence in a Sight Triangle
$100.00
9.1
Fail to erect a Fence around Swimming Pool
$100.00
9.2 vi.
Fail to obtain permit
$100.00
10.1
Fail to maintain a Fence
$100.00
13.3
Hinder or obstruct a Municipal Law Enforcement Officer
$250.00
SCHEDULE "B" TO BY-LAW NO. 012-2020
Illustration of the definition "Rear-Yard"