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## CORPORATION OF THE TOWNSHIP OF WARWICK
## BY-LAW NO. 39 OF 2026
## Being a By-Law to Prescribe the Height and Type of Fences
A By-Law to regulate Fences and Swimming Pool Enclosures on private property within the Corporation Of The Township of Warwick.
WHEREAS Section 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended from time to time, provides that a municipal power shail be exercised by By-Law;
AND WHEREAS pursuant to the Municipal Act, S.O., 2001, C. 25, S. 11, a Council may pass a By-Law respecting matters within the sphere of jurisdiction regulating structures, including fences and signs.
AND WHEREAS Section 11(2) 6 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended from time to time, authorizes a lower-tier municipality to pass a By-Law respecting the health, safety, and well-being of persons;
AND WHEREAS Section 11(3) 7 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended from time to time, authorizes a lower tier municipality to pass a By-Law respecting matters relating to structures, including fences;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WARWICK enacts as follows:
## SECTION 1 TITLE
This By-Law shall be known as the "Fence By-Law" of The Corporation of the Township of Warwick.
SECTION 2
In this By-Law:
Building Inspector: means a "Building Inspector" appointed by the Municipality.
By-Law Enforcement Officer: means a "By-Law Enforcement Officer" appointed by the Municipality.
Chief Building Official: means the "Chief Building Official" for the Municipality as defined by the Building Code Act, S.O. 1992, c.23, as amended.
Corner Lot: means a Lot situated at the intersection of two (2) or more Streets or at the intersection of two (2) parts of the same Street meeting at an angle of not more than 135 degrees.
Council: means the Council for the Municipality.
Costs/Expenses: means all costs and/or expenses (including labour, materials and disbursements) incurred by the Municipality in enforcing their By-Law (which, includes, for greater certainty, the Officer's time, preparation and issuance of notice(s)/letters/Orders, searching title, site visits, drafting correspondence, conducting title searches, searching sheriff certificates, and any other action taken to bring the Land into compliance with their By-Law and the costs of the service of Servant/Agent retained to assist the Municipality in doing so).
Driveway: means a vehicle access provided between a Street and a parking area/space or a loading space on a Lot.
## DEFINITIONS
Electric Fence: means a Fence through which electricity continuously passes through.
Erect: means to erect or cause to be erected, including to construct, plant, place, alter, maintain, grow, or allow to grow, and relocate; and "Erected" and "Erection" have a corresponding meaning.
Fence: means
- b) includes a wall that is not an integral part of a building, but does not include an arbour or trellis; and
- a) a railing, wall, structure, line of posts, wire, gate, boards, pickets, latticework, brick, stone, cement, masonry, or any other similar materials, or a combination thereof, used for the purposes of enclosing or dividing, in whole or in part, a Yard or Lot, establishing a Lot Line or providing privacy; and
- c) any plant material, including but not limited to, a hedge or grouping of three (3) or more trees or shrubs used for the purposes listed ir subsection a) above located in a Corner Lot Sight Triangle or a Driveway Sight Triangle within 3.0 metres of a Street Line and;
- d) constructed so it is NonClimbable.
Grade: means the elevation of the finished level of the ground adjoining the Fence, ‹clusive of any artificial embankments or berms, and for purposes of is definitio e top of a retaining wall, and a floor, will be the same as the groun
Height: means the vertical distance of a Fence from Grade and is measured from the ground where Fence posts are embedded to the top of the Fence.
Hydro-Massage Pools: means the type of pool commonly referred to as hot tub, whirlpool, Jacuzzi or spa, having a surface area of 8 m? or less.
Land: means any estate or interest in land and any right or easement affecting it.
Locking Device: means a mechanism designed to secure something by preventing it from opening, moving, or being released.
Lot: means a contiguous parcel of Land and includes any parcel of Land which can be occupied or used or otherwise disposed of separately and apart from any abutting Lands, whether or not such parcel is described in a registered deed or shown on a registered plan of subdivision.
Lot Line: means any line that is legally defined boundary of a Lot.
Lot Line, Exterior Side: means the longest Lot Line along a Street where a Lot has two (2) or more Lot Lines along a Street.
Lot Line, Front: means the shortest Lot Line along a Street.
Lot Line, Rear: means a Lot Line which is opposite to the Front Lot Line. Municipality: means The Corporation of the Township of Warwick.
Non-Climbable: means a Fence that is not constructed with horizontal or nearhorizontal members that create a ladder effect or any type of construction that creates a potential risk of climbing, nor with openings that will permit the passage of a sphere having a diameter more than 100 mm (~3 15/16 in), unless it can be shown that the location and size of openings that exceed this limit do not represent
Non-Residential Property: means Land that is zoned other than Residential R1, R2, R3 or R4 or Mixed Use M1, M2 or M3 in the Zoning By-Law.
Officer: means a By-Law Enforcement Officer, the Chief Building Official, and/or a Building Inspector.
Order: means a legally binding direction issued by an Officer.
Outdoor Storage Area: means an unroofed area on a Lot used for the storage of any goods, junk, material, merchandise, or vehicles for more than 24 hours, but does not include a Salvage Yard.
Outdoor Swimming Pool: means any structure, basin, chamber, swim spa, container, tank or the like, containing or capable of containing water that is designed to be used for swimming or wading, and:
- has a depth of 0.6 metres or more;
- b) is not completely enclosed inside a building;
- has a surface area of more than 1 square metre (10.8 square feet);
- is not a Pond which is maintained for ornamental purposes only;
- e) is not a Pond or reservoir to be utilized for farming purposes, and located in an agricultural zone in the Zoning By-Law, or a reservoir for firefighting purposes;
- is not under the jurisdiction of the Building Code Act, S.O. 1992, c.23;
- g) is not a stormwater management pond; and
- h) is not a naturally occurring stream, lake, swamp or other natural body of water.
but excludes Hydro-Massage Pools and lap pools if they have a hard lid that is fitted and secured with a Locking Device when not in use.
Owner: includes the registered owner of any Lot, the Person managing or receiving the rent of the Land or premises, whether on the Person's own account or as agent or trustee of any other Person, or who would receive the rent if such Land were leased, and include a lessee, tenant, mortgagee in possession, or a Person in care and control of the Lot.
Person: means an individual, sole proprietorship, partnership, limited partnership, trust, or body corporate, or an individual in their capacity as a trustee, executor, public administrator, or other legal representative.
Pond: means a confined body of water (which may contain fish and/or plants) that is located in a Residential Zone, but does not include farming areas or ponds located more than 150 metres (500 feet) from a Residential Zone. Residential Property: means any Land zoned Residential R1, R2, R3, R4 or Mixed Use M1, M2 or M3 in the Zoning By-Law, or used primarily for residential purposes in an Agriculture zone in the Zoning By-Law, and "Residential Use" and "Residential Zone" have a corresponding meaning.
Salvage Yard: means an outdoor area where wrecked motor vehicles are stored, or where used motor vehicles are wrecked and disassembled, or where any other used material and salvage are collected, sorted, stored, baled, packed, disassembled or handled.
Servant/Agent: means any service provider who has been contracted or engaged to carry out the works necessary to bring Lands into compliance with the By-Law, which may include, but is not limited to, paid duty police officers, security personnel, property estimators, professional engineers, qualified tradespeople, and employees of the Municipality or any other Person the Officer deems required.
Served Personally: means a legal document is physically handed to the intended recipient in-person.
Sight Triangle, Corner Lot: means an unobstructed triangular area where the Front Lot Line and Exterior Side Lot Line meet on a Corner Lot. The area of the site triangle shall be determined by measuring a prescribed distance along each of the two (2) Lot Lines from the point of intersection, and a third line joining the terminal points of the two
(2) measured lines. The prescribed distance to be measured along each Lot Line in a Residential Zone shall be 6.0 meters, and in all other zones shall be 7.5 metres.
Sight Triangle, Driveway: means an unobstructed triangular area formed at the intersection of a Lot Line and the lateral limit of a Driveway. The area of the triangle shall be determined by measuring from the point of intersection of the Lot Line and the lateral limit of the travelled portion of the Driveway, a distance of 4.5 metres along the Lot Line and the lateral limit of the Driveway, and a third line joining the terminal points of the two (2) measured lines. Where applicable, a Driveway Sight Triangle is required abutting a Driveway located on an adjacent Lots.
Site Plan or Development Agreement: means a registered agreement that is a legally binding contract between the Owner, developer, and the Municipality to ensure that the project is built and maintained according to the Owner's development plans approved by the Municipality.
Street: means a public highway which provides the principal means of vehicular passage and includes its sidewalks and boulevards.
Street Line: means the boundary between a Street and a Lot separating the Lot from the abutting Street.
Swimming Pool Area: means the area including an Outdoor Swimming Pool and any surrounding platforms, walkways, play areas, landscaped areas, or structures within the Swimming Pool Enclosure.
Swimming Pool Enclosure: means a Fence, together with any gates or entrances, which completely surrounds an Outdoor Swimming Pool
Temporary Enclosure: means a temporary Fence used for the purpose of enclosing an Outdoor Swimming Pool in the course of construction in order to effectively prevent or restrict access thereto by unauthorized Persons, and to prevent any accident or injury to any Person in or on a Lot.
Yard: means any area on a Lot not covered or occupied by any building.
Yard, Exterior Side: means a side Yard immediately adjoining a Street, extending from a Front Yard to the Rear Lot Line.
Yard, Front: means a Yard that extends across the full width of the Lot from the Front Lot Line to the nearest wall of the main building on the Lot.
Yard, Rear: means a Yard that extends across the full width of the Lot from the Rear Lot Line to the nearest wall of the main building on the Lot.
Yard, Side: means a Yard that extends from the Front Yard to the Rear Yard and from the side of a Lot to the nearest wall of the main building on the Lot.
Zoning By-Law: means any By-Law administered by the Municipality passed pursuant to Section 34 of the Planning Act R.S.O 1990, c.P.13, or a predecessor or successor thereof, as may be amended from time to time.
## SECTION 3 GENERAL PROHIBITION
The requirements of the By-Law apply to all Lots within the geographic limits of the Municipality, except where specified otherwise.
## 3.1 GENERAL
No Person shall Erect, or permit the Erection of a Fence on a Lot located within the Municipality, other than a Fence which complies with the provisions of the By-Law and any other applicable law.
## 3.2 EXEMPTION
Fences may be exempt in whole or in part from the provisions of the By-Law, where the Fence:
- i. is Erected with the approval of the Municipality under an Agreement;
- ii. is subject to regulation or a requirement of a public body, agency, utility, or authority; or
- ili. a variance is granted under Section 11 of the By-Law.
## 3.3 VISIBILITY - OBSTRUCTION - PROHIBITED
Notwithstanding any of the regulations set out in the By-Law, no Person shall Erect, or permit a Fence to be Erected that, in the opinion of the Officer:
i obstructs pedestrian or vehicular traffic; or
il obscures the clear visibility of normal approaching pedestrian or vehicular traffic.
## 3.4 MAXIMUM HEIGHT - FENCE
No Person shall Erect, or permit to be Erected, a Fence that does not comply with the height and location as prescribed in the Zoning By-Law.
## 3.5 FENCE - CONDITION OF DEVELOPMENT OR REDEVELOPMENT
Notwithstanding any other provision in the By-Law, a Fence, which is required and approved as a condition of the Site Plan or Development Agreement for the development or the redevelopment of land shall be deemed to conform with the provisions of the By-Law
## 3.6 RESTRICTION - MATERIALS OF CONSTRUCTION - RESIDENTIAL ZONE
No Person shall have, Erect, or permit to be Erected, any Fence comprised of sheet metal or corrugated metal panel members on a Residential Property or a Lot abutting a Residential Property.
## SECTION 4 EXISTING FENCES
Notwithstanding the provisions of the By-Law, any Fence that was in existence before the date on which the By-Law comes into force and was lawfully Erected shall be deemed to comply with the By-Law, for so long as such Fence continues to be the same Height, length, width and comprised of the same materials, and may be maintained as Erected including any repair work that may be required from time to time. For this section, "repair" shall mean the replacement or restoration of minor components of the Fence necessary to maintain the structure in good condition. Repair does not include the reconstruction, replacement, or alteration of a substantial portion of the Fence, which is at the sole discretion of the Officer.
## SECTION 5 GENERAL PROVISIONS
No Person shall Erect a Fence unless the Fence is:
- i. Stable;
- ii. Vertical;
- ili. Constructed of good quality materials that are designed or intended for use in a Fence
- v. Maintained in good repair and free from unsightly
5. iV. Not an obstruction to the visibility of pedestrians or motorists;
6. vi.
- viii. Protected by paint, preservative, or other weather-resistant material, except for wooden Fences made of cedar, redwood, or treated wood.
- vii. Maintained in a safe and structurally sound condition;
## RESTRICTIONS ON MATERIALS SECTION 6
## 6.1 GENERAL
No Person shall Erect a Fence:
- i. which contains or is constructed, in whole or in part, of any hazardous material, chicken wire, barbed wire, other barbed or sharp material or projection
- ii. which is an Electric Fence which contains a device for projecting or
- ili. in a manner that renders an existing Fence into non-conformity with the requirements of the By-Law.
## 6.2 BARBED WIRE
Notwithstanding Section 6.1 above, a Fence comprised of barbed wire is permitted:
- i. on a farm in an Agriculture zone as set out in the Zoning By-Lav hat is used as part of a Fence for the keeping of livestock or the protection of livestock and crops from animals, as long as such Fence does not abut a residential settlement area as defined in
- il. on a Non-Residential Property where required for the safety or protection of property, the portion of a Fence above 2 metres may be wholly or partially constructed of barbed wire, provided the barbed wire does not project past the exterior face of the
3. ili.
- c) the barbed wire is located no less than 1.52 metres (5"
- b) the Lot is zoned Industrial in the Zoning By-Law;
- to earn in or are were no prope
## 6.3 ELECTRIC FENCE
Notwithstanding Section 6.1 above, an Electric Fence is permitted on a farm in an
## SECTION 7 CALCULATION OF HEIGHT
The Height of a Fence shall be measured vertically from Grade at the base of the Fence to the top of the Fence, exclusive of decorative post caps, provided that
- i.
- ii. Where Grade elevations between adjacent Lots differ at the oundary between the Lots, the Height of any Fence located on o vithin 0.6 metres of a Lot Line shall be measured from the mea Grade elevation between the two (2) Lots;
- ili.
## SECTION 8 FENCE AND SWIMMING POOL
## ENCLOSURE REQUIREMENTS
## 8.1 SIGHT TRIANGLES
No fence exceeding a height of 1m (3) may be erected within the sight triangle as defined in the Township of Warwick Zoning By-Law.
## 8.2 HEIGHT RESTRICTIONS - RESIDENTIAL PROPERTY
- b) A fence within any rear yard shall not exceed a height of 1.83m (6).
- a) A fence within a front yard shall not exceed a height of 1m (3').
- c) A fence within an interior side yard shall not exceed a height of 1.83m (6).
- d) A fence within an exterior side yard shall not exceed a height of 1.83m (6) having regard to the sight triangle requirements of section 3.f)
## 8.3 HEIGHT RESTRICTIONS - NON-RESIDENTIAL PROPERTY
- ) A fence within any yard shall not exceed a height of 3m (10'
- ) A fence to enclose a front yard shall be set back from the front lot line a minimu
- ) No fence exceeding a height of 1.83 m (6') shall be erected within any yard on lon-residential lot that abuts a residential lot
## 8.4 RECREATIONAL FENCE
- b) No Person shall Erect, or parmit to be Erected, a Recreational Fence on a Residential Property unless:
- i. the Recreational Fence does not exceed a Height of 4.0 metres (13');
- il. the Recreational Fence is located only within a Rear Yard or Interior Side Yard;
- ili. the Recreational Fence is setback a minimum of 1.2 metres (4) from any Lot Line;
iv. the Recreational Fence does not contain barbed wire, razor wire, sharp projections, or hazardous materials;
v. any lighting associated with the Recreational Fence or recreational area is directed away from adjacent Lots and Streets;
- vi. the Recreational Fence does not obstruct any required Sight Triangle.
- d) Netting or mesh material forming part of a Recreational Fence shall be maintained in good repair and securely fastened at all times.
- c) On a Non-Residential Property, a Recreational Fence shall not exceed a Height of 6.0 metres (20') unless otherwise approved through a Site Plan or Development Agreement.
## 8.5 DRIVEWAY GATE / ARCHWAY
- b) A driveway gate shall:
2. No Person shall Erect, or permit to be Erected, a driveway gate or archway unless it complies with the provisions of this Section.
3. be located entirely on private property;
- il. not swing outward over a Street, sidewalk, boulevard, municipal property, or neighboring Lot;
- ill. maintain a minimum setback of 6.0 metres (20') from the edge of the travelled portion of a Street;
- iv. not obstruct or interfere with pedestrian or vehicular visibility or traffic movement;
- V. not obstruct emergency vehicle access to a Lot;
- vi. comply with the applicable Sight Triangle requirements of this By-Law.
- d) No driveway gate or archway located on a Non-Residential Property shall exceed a Height of 3 m (10') unless approved through a Site Plan or Development Agreement.
- c) No driveway gate or archway located on a Residential Property shall exceed a Height of 2.1m (7').
- e) Any electrically operated driveway gate shall:
- i. be maintained in safe working order;
- ili. include a manual release mechanism for emergency access purposes.
- il. comply with applicable electrical safety legislation and standards;
## 8.6 SALVAGE YARDS
Notwithstanding any other provision herein, a person may have, erect, construct, maintain or permit to be erected, constructed or maintained a fence to enclose land used as a salvage yard provided that such fence shall:
- b) be set back from all public rights-of way a minimum of 7.62 m (25); and,
- a) be not less than 2.44 m (8) in height and not more than 3 m (10') in height;
- c) if on a corner lot, not be within any corner visibility triangle or driveway visibility triangle.
- d) be maintained in good repair and free from holes, gaps, deterioration, or structural
- g) No materials, equipment, vehicles, salvage, debris, or storage piles shall exceed the Height of the required Fence
- h) Where a Salvage Yard abuts a Residential Property or Residential Zone, the Fence shall additionally:
- i. include landscaped screening consisting of trees, shrubs, berms, or similar features;
8. il maintain a minimum setback of 3.0m (10) from the Lot Line abutting the Residential Property or Residential Zone.
## 8.7 OUTDOOR STORAGE AREA
- b) Every Outdoor Storage Area located on a Non-Residential Property and visible from a Street or Residential Property shall be screened by:
- a) No Person shall maintain or permit an Outdoor Storage Area unless it complies with the provisions of this Section.
- i. an opaque Fence;
- ii. a masonry wall;
- ili. landscaped screening;
- iv. an earth berm; or
- V. any combination thereof satisfactory to the Officer.
- c) Any Fence used to screen an Outdoor Storage Area shall:
9. have a minimum Height of 1.83 metres (6');
- ii. not exceed a Height of 3.0 metres (10');
- ili. be maintained in good repair and structurally sound condition.
- d) No Outdoor Storage Area shall:
- i. obstruct a required Sight Triangle;
- ii. contain hazardous materials unless otherwise permitted by law;
- ili. contain materials stacked higher than the Height of the required screening Fence;
- iv. be located within a required Front Yard unless expressly permitted by the Zoning By-Law or a Site Plan or Development Agreement.
- e) This Section shall not apply to:
- i. temporary construction materials associated with an active building permit;
- ii. seasonal agricultural storage on Lands zoned Agricultural;
- iii. municipally operated facilities.
## SECTION 9 SWIMMING POOL ENCLOSURE
## 9.1 PERMITS
- i) No Person shall excavate for or Erect, or cause or permit excavation
2. ii) An application for a permit for a Swimming Pool Enclosure shall contain the following information, with metric dimensions:
3. the location of the Lot;
4. he Lot in regation o Lor Lines, Street Lifes, and al ol ilding structures on the L
- c) plans showing the complete details of the Swimming Pool Enclosure, including, but not limited to, the type, Height, materials, and location of the boundaries, gates and/or entrances of the Swimming Pool Enclosure;
6. plans showing the location of the Outdoor Swimming Pool pump, heater, and filter; and,
- e) plans showing the construction of any deck and guards in the case of an above-ground Outdoor Swimming Pool.
8. ili) No permit for a Swimming Pool Enclosure shall be issued unless the application complies with all applicable laws, and regulations thereunder, and municipal by-laws.
9. iv) No permit for a Swimming Pool Enclosure shall be issued unless all applicable fees, as established by Council from time to time, have been paid in full.
- v) A permit for a Swimming Pool Enclosure may be revoked if, after 18 months of its issuance, the construction of the Swimming Pool Enclosure has not, in the opinion of the Officer, substantially commenced.
11. vi) There shall be no refund of permit fees where a permit has been revoked.
## 9.2 GENERAL ENCLOSURE REQUIREMENTS
- i) The Owner of any Lands on which an Outdoor Swimming Pool is located or Erected shall Erect and maintain a Swimming Pool Enclosure around the entire Swimming Pool Area, in accordance with the provisions of the By-Law.
2. ii) No Person shall place water, or cause water to be placed, in an Outdoor Swimming Pool, or allow water to remain therein, unless the Swimming Pool Enclosure prescribed by the By-Law is Erected and maintained in accordance with the provisions of the By-Law.
3. iii) An Outdoor Swimming Pool, while under construction, shall be completely enclosed by a Temporary Enclosure as set out in Section 9.2 iv) and viii) below, except where the permanent Swimming Pool Enclosure requirements have been satisfied.
4. iv) A Temporary Enclosure shall consist of a 1.2 metre high plastic mesh Fence having mesh openings not greater than 50 millimetres and supported by steel T-bar posts located a maximum of 2.4 metres apart and with a 9 gauge galvanized steel wire located at the top and bottom of such Fence; or, be constructed of material that will provide an equivalent or greater degree of safety and which has beer
- v) The Height of the Swimming Pool Enclosure required by the ByLaw shall be a minimum of 1.5 metres in Height, as measured from Grade.
6. The maximum permitted space between the bottom of a Swimming Pool Enclosure and Grade is:
7. (a) 50 millimetres where the ground is primarily grass or earth; and/or,
8. (b) 100 millimetres where the ground is primarily concrete or asphalt.
9. vii) Every Swimming Pool Enclosure shall be constructed in accordance with the provisions of Sections 9.2, 9.3, and 9.4 of the By-Law, except as otherwise provided.
10. viii) Every Swimming Pool Enclosure, and Temporary Enclosure, shall be maintained in such a manner and to such an extent as to ensure at all imes maximum security and protection against entry to the Outdoo Swimming Pool by unauthorized Persons
11. ix) Where material of a Swimming Pool Enclosure is structurally inadequate, broken, or in a state of decay, it shall be replaced witt equivalent or better material, and otherwise in accordance with the provisions in the By-Law or its successor.
- x) Fence post spikes and/or ground anchors or the like shall not be used as part of a Swimming Pool Enclosure
## 9.3 FENCES AS SWIMMING POOL ENCLOSURES
- i) A Fence which forms a Swimming Pool Enclosure, or part thereof, shall be made of:
- a. chain link construction;
- b. vertical board construction;
- C. horizontal board construction;
- d. wrought iron construction;
CSA tempered or laminated glass panels conforming to CAN/CGSB12.1-M "Tempered or Laminated Safety Glass" or of such other materials and construction that will provide an equivalent or greater degree of safety, as determined by the Chief Building Official;
- e. shall be Non-Climbable.
2. ii) A Fence which forms a Swimming Pool Enclosure, or part thereof, shall
- a) constructed at a distance of at least 1.2 metres from the edge and/or nosing of the Outdoor Swimming Pool; and
- b) shall have nothing against or near the Swimming Pool Enclosure that facilitates climbing or diminishes its structural integrity.
5. iii) A Fence of chain construction shall:
- a. have a mesh with openings not greater than 38 millimetres;
- b. be constructed of wire not less than 12-gauge galvanized steel or, if having a vinyl or other coating, not less than 14-gauge steel wire covered with a vinyl or other approved coating whick vould form a total thickness equivalent to 12-gauge galvanize steel wire;
- C. be supported by 38 millimetres diameter galvanized steel posts spaced not more than 2.4 metres apart, and shall be securely embedded and extend at least 0.9 metres into the ground below Grade;
- d. have top rails securely fastened to the upright posts, which a a minimum are made of 32 millimetre diameter galvanize steel pipe, and have at the bottom a 9-gauge galvanized stee tension wire fastened securely to the upright posts
10. iv) A Fence of vertical board construction shall:
- a. have vertical boards which are not less than 19 millimetres by 89 millimetres;
- b. be supported by posts at least 89 millimetres by 89 millimetres square, or 89 millimetres in diameter, and such posts shall not be spaced more than 2.4 metres apart. Such posts shall extend at least 0.9 metres into the ground below Grade and that part of the post below Grade shall be securely embedded and treated with a wood preservative;
- C. have top and bottom rails which are at least 38 millimetres by 89 millimetres (with the 89 millimetre dimension in the vertical plane);
- d. in the case of board-on-board construction:
....
- i. horizontal members, including top and bottom rails, that are spaced at least 1.2 metres apart, and vertical boards that are spaced not more than 100 millimetres apart on both faces of the horizontal members of the Fence; or
- ii. horizontal members, including top and bottom rails, that are spaced less than 1.2 metres apart and vertical boards that are spaced not more than 50 millimetres apart on both faces of the horizontal members of the Fence.
- e. in the case of board-to-board construction:
- i. horizontal members, including top and bottom rails, that are spaced at least 1.2 metres apart, and vertical boards that are tightly fitted and fastened on one face of the Fence.
- v) A Fence of wrought iron construction shall:
- a. be of sufficient strength to provide an effective enclosure;
- b. be supported by posts spaced not more than 2.4 metres apart and such posts shall be securely embedded and extend at least 0.9 metres into the ground below Grade; and
- C. have either:
- ii. horizontal members, including top and bottom rails, that are spaced at least 1.2 metres apart, and vertical pickets that are spaced not more than 100 millimetres apart; or
- ili. horizontal members, including top and bottom rails, that are spaced less than 1.2 metres apart and vertical pickets that are spaced not more than 50 millimetres apart.
11. vi) A Fence of horizontal board construction shall:
- a. be constructed with tightly fitting boards along the length;
- b. have horizontal boards which are not less than 19 millimetres by 89 millimetres;
14. . have vertical braces that extend from the uppermost horizonta board to the lowermost horizontal board, affixed to ever
- d. be supported by posts at least 89 millimetres by 89 millimetres square, or 89 millimetres in diameter, and such posts shall not be spaced more than 2.4 metres apart. Such posts shall extend at least 0.9 metres into the ground below Grade and that part of the post below Grade shall be securely embedded and treated with a wood preservative.
16. vii) Shal Be designed by a Profession i Engineer Licensed in thosure Province of Ontario and shall be constructed in a good,
workmanlike manner as follows:
- a. glass panels shall be located so there is no opening of more thar 38 millimetres between the panel and the post where horizontal elements are spaced less than 1.2 meters apart, and not more than 100 millimetres apart where horizontal elements are spaced more than 1.2 meters apart;
- b. horizontal elements shall be supported on substantial posts that are spaced not more than 2.4 meters apart, securely fastened to the ground, and structurally sound; anc
- c. glass panels used in Swimming Pool Enclosures shall be safety lass oflaminated or tempered type conforming to CAN/CGSB12.1-N Tempered or Laminated Safety Glass"
## 9.4 GATES AND ENTRANCES
- i. Gates or entrances which form a part of the Swimming Pool Enclosure shall be:
- a. of construction and Height equivalent to or greater than that of the Swimming Pool Enclosure required by the By-Law;
- b. supported on substantial hinges;
- c. self-closing; and,
- d. equipped with a self-latching device located at least 1.2
6. ii.
- ili. Where a double gate forms part of the Swimming Poo Enclosure, one (1) gate must be fixed and locked in the closed position with a Locking Device.
## 9.5 ABOVE GROUND SWIMMING POOLS
- Port are conses or the By the sane a ground dur Swimming Except as provided in sections 9,5 ) an i balow Pool Enclosures,
- it. Above-ground Outdoor Swimming Pools may have an integrally constructed Swimming Pool Enclosure guard as part of the required Swimming Pool Enclosure, provided that
- a. the combined height of the exterior sides of the Outdoor Swimming Pool walls and Swimming Pool Enclosure guard is at least 1.5 metres in Height, as measured from Grade;
- b. the Swimming Pool Enclosure guard is Non-Climbable.
- Any gate or entrance to an above-ground Swimming Pool Enclosure shall be constructed in accordance with Section 9.4 of the By-Law.
## SECTION 10 HYDRO-MASSAGE POOLS
- i. Every Owner shall construct and maintain the Hydro-Massage Pool with a rigid cover that is capable of supporting a 90 kg load or meets the most up-to-date American Society for Testing and Materials standard for same.
- ii. Every Owner and Person in control of a Hydro-Massage Pool shall ensure that the rigid cover under Section 10(i) is securely fastened to the satisfaction of the Officer to prevent access at all times when the Hydro-Massage Pool is not in use
3. Where a Hydro-Massage Pool cannot or is not constructed and maintained with a rigid cover in accordance with Section 10(i), and (ii) the Owner shall construct and maintain a Swimming Pool Enclosure that otherwise complies with the By-Law, and a permit shall be obtained.
## SECTION 11 VARIANCES
- i) Any Owner may apply in writing to Council for a variance from the provisions of the By-Law, excepting the provisions of Section 9 and 10 of the By-Law.
2. il) The requested variance will be considered by Council, who may grant the variance in full or in part, place certain terms and conditions of approval, or deny the variance.
3. iii) In considering whether to grant a variance, Council may have regard for such matters, including but not limited to, the following:
- a. Any special circumstances or conditions applying to the Fence in question;
- b. Whether strict application of the provisions of the By-Law would result in practical difficulties or unnecessary hardship to the Owner;
- c. Whether the Fence may affect surrounding sight lines and create or potentially create a hazardous condition for pedestrians or motorists; and
- d. Whether the Fence has or may have an adverse impact on neighbouring Lots.
8. Decisions of Council under Section 11 (v) are final. viii)
9. ix) The fee for an application for variance to cover the processing of the application shall be as set by the Rates and Fees By-Law for the Municipality, as amended from time to time. The variance application
## SECTION 12 ADMINISTRATION AND ENFORCEMENT
## 12.1 ENFORCEMENT
The By-Law shall be enforced by any Officer.
## 12.2 INSPECTIONS
- i) An Officer, and any Servant/Agent under their direction, may enter on Land at any reasonable time without prior notice for the purpose of carrying out an inspection to determine whether the provisions of thei Зy-Law have been complied with
2. For the purposes of an inspection, an Officer may:
- a. Require the production of documents relevant to the
- b. Inspect and remove documents or things relevant to the inspection for the purpose of making copies;
- c. Require information from any Person concerning a matter related to the inspection;
- d. Make examinations or take photographs necessary for the purposes of the inspection, alone or in conjunction with any Person possessing special or expert knowledge.
## 12.3 HINDER OR OBSTRUCT
No Person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer who is exercising a power or performing a duty that is authorized under the By-Law.
## 12.4 REMEDIAL ACTION
- i) If, in the opinion of an Officer, a Fence or Hydro-Massage Pool does compliance with the provisions of the By-Law.
2. An Order given by an Officer to an Owner shall identify the Land o structure at issue and the violation(s) observed by the Officer
3. iii) An Order issued by an Officer to an Owner shall identify the Land or structure at issue and the violation(s) observed by the Officer.
4. Where an Order is to be sent by registered mail and/or courier and/or personal service to an Owner, it shall be sent to the attention of the Owner of the Lands at the address shown on the most up-to-date tax assessment roll maintained by the Municipality.
- v) The Order shall be posted on site in a visible location.
6. vi) An Order to an Owner shall also define the deadline, being the dat and time, for the Owner to comply with this By-Law, which deadlin shall not be less than five (5) days excluding Saturday, Sunday, an public statutory holidays in the Province of Ontario
7. vii)
8. Vili) An Order is deemed served upon the Owner three (3) days after the Order is posted on the Lands or sent by registered mail, courier, and/or on the day the Order is Served Personally onto the Owner.
9. ix) The Officer, with or without a Servant/Agent, may enter onto or inspect the use of any Land for the purpose of determining whether the Land complies with this By-Law.
- x) No Owner shall remove or deface an Order which has been posted on the Land pursuant to this By-Law.
11. xi) If the Owner fails to comply with notice given pursuant to Section 12.4 i) of the By-Law, the Chief Building Official may immediately cause the Fence to be removed or brought into conformance with the provisions of the By-Law at the expense of the Owner and such expense shall be recoverable by action or by adding the costs to the tax roll for the Lot and collecting them in the same manner as taxes in accordance with Section 427 of the Municipal Act, S.O. 2001, c. 25, as amended.
12. xii) In the case of a Swimming Pool Enclosure or Hydro-Massage Pool where an Owner fails to comply with notice given pursuant to Section 12.4 i) of the By-Law, the Chief Building Official may, in addition to any other remedy provided herein, remove or cause to be removed, all water from the Outdoor Swimming Pool or Hydro-Massage Pool until such time as the required Swimming Pool Enclosure or HydroMassage Pool is Erected or maintained in accordance with the provisions of the By-Law and such expense shall be recoverable by action or by adding the costs to the tax roll for the Lot and collecting them in the same manner as taxes in accordance with Section 427 of the Municipal Act, S.O.2001, c.25, as amended.
## 12.5 EMERGENCY SITUATIONS - THREAT OR DANGER TO LIFE
The Officer has emergency powers to act on any violation of this By-Law, particularly when there's a threat or danger to life. This means the Officer can enter the Lands, order necessary repairs, and potentially take action to terminate the danger. Where an Owner has defaulted in complying with the provisions of this By-Law, the Municipality may recover all Costs/Expenses incurred in bringing the Lands into compliance from the Owner by action or by adding the Cost/Expenses to the Land's tax roll and collecting them in the same manner as property taxes.
## 12.6 OFFENCE
Any Person who contravenes any provisions of the By-Law is guilty of an offence.
## 12.6 PENALTY
Every Person who is convicted of an offence under the By-Law is liable to fine as provided for in the Provincial Offences Act, R.S.O. 1990, P. 33, as amended from time to time, or any replacement legislation.
## 12.7 PROHIBITION ORDER
may make an order prohibiting the continuation or repetition of the offence by the Person convicted and requiring the Person convicted to correct the contravention.
## 12.8 SEVERABILITY
## 12.9 BY-LAWS REPEALED
The By-Law shall repeal the following By-Laws: 92 of 2016
## 12.10 DATE OF EFFECT
The By-Law comes into force and takes effect on the date that it is passed.
## 12.11 NON-APPLICATION OF LINE FENCES ACT
as amended the and except for section 20 of the Line Fences Act.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 27th DAY OF JULY, 2026.
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Mayor - Todd Case
Aurett
lerk Travor Jarre
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