Fence By-law 2017-129 — full text

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## THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ## BY-LAW NO. 2017-129 A BY-LAW TO REGULATE THE MAINTENANCE AND ERECTION OF FENCES IN THE TOWNSHIP OF WEST LINCOLN WHEREAS subsection 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the powers of a municipality under any Act shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate, and to enhance their ability to respond to municipal issues; AND WHEREAS subsection 11(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to pass by-laws respecting structures, including fences and signs; AND WHEREAS subsection 98(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a local municipality may provide that the Line Fences Act does not apply to all or any part of any municipality; AND WHEREAS subsection 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws imposing fees or charges on any person for services or activities provided or done by the municipality or done on behalf of it; AND WHEREAS section 425 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to pass by-laws providing that a person who contravenes a by-law of a municipality passed under that Act is guilty of an offence; AND WHEREAS subsection 436(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws providing for the entry onto land at any reasonable time for the purpose of carrying out an inspection to determine compliance with a by-law; AND WHEREAS section 444 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may make an order to require a person to discontinue contravening a by-law and to do the work required to correct the contravention; AND WHEREAS By-law 2002-112 to establish the Committee of Adjustment has been amended to empower the Committee to make decisions on fence variance applications; AND WHEREAS the Council of The Corporation of the Township of West Lincoln deems it expedient to provide that the Line Fences Act does not apply within the Township of West Lincoln; AND WHEREAS the Council of The Corporation of the Township of West Lincoln deems it expedient to pass a by-law respecting fences in the Township of West Lincoln NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN ENACTS AS FOLLOWS: ## SECTION 1 GENERAL PROVISIONS ## 1.1 SHORT TITLE - 1.1.1 This by-law shall be known as the "Fence By-law". ## 1.2 DEFINITIONS - 1.2.1 For the purpose of this by-law: - (1) "agricultural operation" means an agricultural, aquacultural, horticultural o silvicultural operation that is carried on in the expectation of gain or reward - (2) "Chief Building Officia" means the Chief Building Official appointed by Council under the Building Code Act, 1992, S.O. 1992, c. 23, as amended, or the person to act in that capacity in his or her absence; - (3) "Committee" means the Committee of Adjustment as appointed under provisions of the Planning Act R.S.O. 1990 c. P. 13, as amended and empowered in accordance with By-law 2002-112, as amended from time to time; - (4) "corner lot" means a lot at the intersection of two or more public streets or upon two parts of the same public street with such street or streets containing an angle of not more than 135 degrees; - (5) "Council' means the Council of the Corporation of the Township of West Lincoln; - (6) "division fence" means a fence built on a property line marking the boundary between abutting parcels of land; - (7) "erect" means to conduct any action involved in the erection, installation, construction, extension or material alteration of a fence; - (8) "fence" means a vertical structure, including a railing, hedge, line of posts, shrubs, wire, gate, boards or pickets or other similar substances used to enclose or divide in whole or in part a yard or other land or to establish a property boundary line, but does not mean a privacy screen; - (9) "fence of closed construction" means a fence where less than two thirds of its vertical surface is open space; - (10) "fence of open construction" means a fence constructed so that at least two thirds of its vertical surface is open space; - (11) "ground level" means the natural level of grade immediately adjacent to the fence and where the ground level is higher on one side of the fence, the height of the fence shall be measured from the side of the fence with the greater height; - (12) "hedge" means a closely planted row of bushes, shrubs or low trees forming a fence or boundary, but shall not include trees having a caliper dimension of 50mm [2"] or greater at any point. - (13) "height" means the vertical distance measured from the average finished ground level to the highest point of the fence or privacy screen; - (14) "highway" means a common or public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, and any part of which that is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; - (15) "land" means an area of property and includes lands, tenements, and hereditaments, and any estate or interest therein, and any right or easement affecting them; - (16) "lot" means any parcel of land which can be alienated or otherwise disposed of separately and apart from any abutting lands, whether or not such parcel subdivisiond in a registered deed or shown on a registered plan of survey or - (17) "lot line" means any boundary of a lot; - (18) lot line, exterior side" means the lot line of a corner lot, other than the fror ot line, which divides the lot from a public stree - (19) "lot line, front" means the lot line that divides the lot from a public or private street provided that for a corner lot, through lot, or through corner lot: 18. (a) the shortest of the lot lines that divide the lot from the public or private street shall be deemed to be the front lot line; - (b) where such lot lines are of equal length and where one lot line abuts a Regional Road or Provincial highway, the front lot line shall be deemed to be that lot line which abuts the Regional road or Provincial highway; - (c) where such lot lines are of equal length and where both lot lines abut public streets under the same jurisdiction, the Township may designate which lot line is the front lot line. - (20) "lot line, interior side" means the lot line other than the front, rear or lot line; - (21) "lot line, rear" means the lot line opposite to, and most distant from the front lot line, but where the side lot lines intersect, the rear lot line shall be the point of intersection of the side lot lines; - (22) "Officer" means an Enforcement Officer, a Building Inspector, a Chief Building Official, or other person appointed or employed by the Township for the enforcement of by-laws; - (23) "owner" means a person or corporation who legally owns or controls the property in question; - (24) "person" means and includes an individual, firm, corporation, association or partnership and includes an occupant or an owner of a property; - (25) "privacy screen" means a visual barrier used to shield any part of a yard from view from any adjacent land or highway; - (26) "property" means any grounds, yard or vacant lands; - (27) "sight triangle" means a triangular area on a lot determined by measuring a specified distance along each street line and joining such point with a straight line, as prescribed in the Township's Zoning By-law, as amended; - (28) "street line" means any lot line that divides a lot from a public street; - (29) "substantially altered' means the removal, alteration or replacement of the primary structural elements of the fence or privacy screen or where more than 75% of the fence or privacy screen is removed, altered or replaced; - (30) "Township" means The Corporation of the Township of West Lincoln or the geographical area of the municipality, as the context requires; - (31) "use" means the purpose for which any lot, building, structure or premises is arranged, designed, intended, occupied or maintained; - (32) "use, agricultural" means the use of land, buildings or structures for the growing of crops, raising of livestock, raising of other animals for food, fur or iber, including poultry and fish; aquaculture; apiaries; agro-forestry; anc naple syrup production; - (33) "use, industrial" means the use of land, buildings or structures for manufacturing, processing, fabricating, assembling, warehousing or storing of raw materials or goods and any related accessory uses; - (34) "use, non-residential" means the use of land, buildings or structures any uses other than those identified by this by-law to be of residential use; - (35) "use, residential" means the use of land, buildings or structures to serve as dwellings which shall include any related accessory buildings; - (36) "yard" means an open, uncovered, unoccupied space around and appurtenant to the whole or part of a building and used, or capable of being used in connection with a building; - (37) "yard, exterior side" means the yard of a corner lot extending from the fron yard to the rear yard between the exterior side lot line and the nearest wall of a building or structure on the lot; - (38) "yard, front" means a yard extending across the full width of the lot between the front lot line and the nearest wall of the main building or structure on the - (39) "yard, interior side" means a yard other than an exterior side yard that extends from the front yard to the rear yard between the interior side lot line and the nearest wall of a building or structure on the lot; and - (40) "yard, rear" means a yard extending across the full width of the lot betwee ne rear lot line and the nearest wall of the main building or structure on th lot. ## 1.3 INTERPRETATION - 1.3.1 In this by-law statutory references are to Statutes of Ontario and the regulations made thereunder and shall be deemed to refer to such statutes and regulations a amended, consolidated, re-enacted and in force from time to time - 1.3.2 This by-law shall be read with all changes of gender and number required by the context or circumstances. - 1.3.3 For the purpose of this by-law: - (1) "m" means metres; - (2) "mm" means millimetres; - (3) means feet (i.e. 5'= 5 feet); - (4) "means inches (i.e. 5" = 5 inches); - (5) values contained in [ ] denote imperial equivalents to the prescribed metric value ## 1.4 APPLICATION - 1.4.1 The provisions of this by-law shall regulate the erection of fences and privacy screens erected on all property within the boundaries of the Township on and after the date of enactment of this by-law. - 1.4.2 Any fence enclosing a private outdoor swimming pool shall be subject to the requirements of the Township's Swimming Pool By-law, as amended, and where regulations provided in this by-law conflict with those in the Swimming Pool By-law, the more restrictive of the two shall apply. - 1.4.3 Where a lot line is shared between properties of both residential and non-residential uses, the provisions prescribed in this by-law for the non-residential use shall - 1.4.4 Where a property contains both residential and non-residential uses, the provisions prescribed in this by-law for the non-residential use shall prevail. - 1.4.5 The regulations in this By-law shall not serve to exempt a fence or privacy screen from complying with the requirements of any other applicable legislation, including but not limited to, the Ontario Building Code or the Ontario Heritage Act, R.S.O 1990, c. 0.18. ## 1.5 EXISTING FENCES AND PRIVACY SCREENS - 1.5.1 Except as provided in articles 1.5.2 and 1.5.3, notwithstanding the provisions of this By-law, any fence or privacy screen that was in lawful existence and lawfully established prior to the effective date of this By-law shall be deemed to comply with this By-law and may be maintained or repaired to the same location, height and dimension as previously existed. - 1.5.2 Any fence or privacy screen that was in lawful existence and lawfully established prior to the effective date of this By-law shall be required to comply with the provisions of subsections 4.2, 4.3 and 4.4 of this by-law for prohibited materials. - 1.5.3 Where an existing fence or privacy screen is substantially altered and / or replaced, the alteration and / or replacement shall be erected in accordance with the provisions of this By-law. ## 1.6 EXEMPTIONS - 1.6.1 The regulations provided in this By-law shall not serve to prohibit the erection or maintenance of a fence or privacy screen erected under or for the following provisions: - (1) erected under approval or requirement of an engineering, planning or similar agreement; - (2) erected as a noise attenuation barrier under approval or requirement of an engineering, planning or similar agreement, or as a local improvement; - (3) erected to protect an excavation, construction site, or any emergency o hazardous area - (4) rected in accordance with a variance having been previously grante ursuant to the provisions of the Planning Act, R.S.O. 1990, c. P. 1 - 1.6.2 Save and except for the requirements of subsections 2.3 and 3.4, of this by-law, the persons listed below shall be exempt from the remaining provisions of this by-law: - (1) The Corporation of the Township of West Lincoln; - (2) The Regional Municipality of Niagara; - (3) any provider of utility services, such as but not limited to telecommunications, gas, electricity, or water; - (4) any Department or Ministry of the Federal or Provincial government; or - (5) any recognized school board, such as but not limited to the District Schoo Board of Niagara or the Niagara Catholic District School Board ## 1.7 LINE FENCES ACT - 1.7.1 From and after the coming into effect of this by-law, the Line Fences Act shall no longer be applied or in effect in the Township of West Lincoln. ## SECTION 2 FENCES ## 2.1 HEIGHT - 2.1.1 Except as provided in articles 2.1.2, 2.1.3 and 2.1.4, the maximum height of a fence shall be not more than that of the maximum permitted height prescribed in Table 2.1.1 for the given use measured from ground level - 2.1.2 The provisions of article 2.1.1 do not apply to a person who erects or causes to b erected a hedge, provided that the hedge does not exceed 3m [9'-10"] in heigh above ground level. - 2.1.3 The provisions of article 2.1.1 do not apply to a fence being used for the purpose of containing livestock as part of an agricultural operation. TABLE 2.1.1 - maximum permitted fence heights | Property Use | Maximum Permitted Height | |---------------------|----------------------------| | residential use | 2m [6'-6 3/4"] | | non-residential use | 3m [9'-10"] | - 2.1.4 Notwithstanding the provisions with respect to height of fences as provided above, a fence may be erected in a rear or side yard enclosing any tennis court or similar private sports facility, not including a private outdoor swimming pool, provided: - (1) the fence is not greater than 3.66m [12'-0"]; - (2) the fence is a fence of open construction; - (3) the minimum setback from either rear or side lot lines is not less than 0.6m [1'-11 1/2"; and - (4) the side yard or rear yard in which the private sports facility is located is not less than 230m? 12,475 square feet! in area. ## 2.2 FENCES IN FRONT YARDS - 2.2.1 Notwithstanding the provisions of subsection 2.1, no person shall erect or cause to be erected within 3.0m [9'-10"] of the nearest street line in a front yard. - (1) a fence of closed construction with a height greater than 0.8m [2'-7 1/2"] above ground level; - (2) a hedge with a height greater than 0.8m [2'-7 1/2"] above ground level; or - (3) a fence of open construction with a height greater than 1.2m [3'-11 1/4"] above ground level. - 2.2.2 The provisions of article 2.2.1 do not apply to the erection of an ornamental gateway, entranceway or similar structure. - 2.2.3 The provisions of article 2.2.1 do not apply to the erection of a fence on any land of an agricultural or industrial use provided it is a fence of open construction. - 2.2.4 Where a building or part of a building is closer to the street line than 4.5m [14'-9"], the nearest distance shall prevail. ## 2.3 FENCES IN SIGHT TRIANGLES - 2.3.1 No person shall erect or cause to be erected, in any yard or on any land, a fence within a sight triangle unless such a fence is a fence of open construction and does not obstruct the visibility through the sight triangle, and the height of the fence does not exceed 0.8m [2'-7 1/2"] above ground level. ## 2.4 DIVISION FENCES - 2.4.1 Each of the owners of adjoining occupied land shall repair, replace or maintain a just proportion of any division fence heretofore or hereafter erected which marks the boundary of their respective properties, or shall bear a just proportion of the cost of any work or erection, repair, replacement or maintenance which has been carried out. - 2.4.2 Where owners of adjoining land cannot agree on the type or kind of fence to be erected between them as provided by article 2.4.1 of this by-law, no contribution to the cost thereof shall be payable unless the party erecting the fence constructs - (1) a 9 strand page wire fence, for lands where one or more of the properties being marked by the division fence has an active agricultural operation; or - (2) a chain link fence 1.2m [3'-11 1/4"] in height on all other applicable properties Only upon such fence being constructed shall the provisions of article 2.4.1 of this by-law apply respecting the apportionment of costs of the said fence. In the event any other type or kind of fence is erected, there shall be no apportionment of costs with respect thereto but where repair or maintenance is carried out under this bylaw, a just proportion of the cost of the work may be recovered under article 2.4.3 of this by-law. - 2.4.3 An owner desiring to enforce the provisions of article 2.4.1 and 2.4.2 of this by-law shall deliver to the owner or occupant of the adjoining land a notice by registered mail requiring them to comply with the by-law and if such compliance does not take place within thirty (30) days after service of the notice, the owner serving the notice, may do the work that the by-law authorizes and may take the necessary proceedings to recover the value of the work and the cost, from the said adjoining owner or occupant upon validation of the court. - 2.4.4 If any tree is fell by accident or otherwise so as to cause damage to a line fence, the owner or occupant of the land on which the tree stood shall forthwith remove the tree and repair the fence - On the neglect or refusal of the owner or occupant of the land on which the tree stood so to do for forty-eight hours after notice in writing to remove the tree, the adjoining land-owner may remove it in the most convenient and inexpensive manner, and may make good the fence so damaged, and may retain the tree to remunerate the adjoining land-owner for such removal. - 2.4.6 A person who repairs a fence under article 2.4.5 may recover the costs of the work in the same manner as an owner under article 2.4.3 may recover the value of the work done by that owner. - 2.4.7 or the purpose of such removal described in articles 2.4.4 and 2.4.5, the respectiv roperty owner may enter into and upon the adjoining land doing no unnecessar spoil or waste. ## SECTION 3 PRIVACY SCREENS ## 3.1 HEIGHT - 3.1.1 No person shall erect or cause to be erected on any yard or on any land, a privacy screen which is greater than 3m [9'-10"] above ground level. ## 3.2 PRIVACY SCREENS IN FRONT YARDS - 3.2.1 No person shall erect or cause to be erected a privacy screen in a front yard. ## 3.3 PRIVACY SCREENS IN SIDE AND REAR YARDS - 3.3.1 Except as provided in article 3.3.2, the minimum setback from the prescribed lot line shall be not less than that of the minimum required setback for privacy screens prescribed in Table 3.3.1. - 3.3.2 Notwithstanding the provisions prescribed in article 3.3.1, a privacy screen located to provide a visual barrier between dwelling units divided by a common wall shall be subject to a required setback of not less than 0.6m [1'-11 1/2"] from the mutually TABLE 3.3.1 - minimum required setback for privacy screens | Line | Minimum Required Setback | |-----------------------------------|----------------------------| | street line (not in a front yard) | 4.5m [14'-9"] | | rear lot line | 1.2m [3'-11 1/4"] | | interior lot line | 1.2m [3'-11 1/4"] | ## 3.4 PRIVACY SCREENS IN SIGHT TRIANGLES - 3.4.1 No person shall erect or cause to be erected, in any yard or on any land, a privacy screen with a sight triangle. ## SECTION 4 PROHIBITIONS ## 4.1 GENERAL PROHIBITIONS - 4.1.1 No person shall, without statutory authority to do so, erect or cause to be erected, any fence or privacy screen on lands owned by the Township, Region of Niagara, or the Provincial or Federal government including any Department of Ministry thereof or within a road allowance. - 4.1.2 No person shall erect or cause to be erected any fence, hedge or privacy screen which is prohibited by the provisions of this by-law. - 4.1.3 No person shall erect or cause to be erected any fence or privacy screen on property containing a residential use which is constructed in whole or in part of sheet metal or corrugated metal panel members. - 4.1.4 No person shall erect or cause to be erected, or keep in any yard, or on any land within the Township, a fence, hedge or privacy screen which is not in a good state of repair and is not in accordance with the provisions of the Township of West Lincoln Property Standards By-law as amended. ## 4.2 ELECTRIC FENCES - 4.2.1 No person shall erect or cause to be erected an electric fence. - 4.2.2 Notwithstanding the provisions of article 4.2.1, an electric fence using direct current may be erected on land while it is being lawfully used for an agricultural operation, provided that such fence: - (1) has a maximum of 12 volt trickle charge; - (2) is designed and erected solely to contain animals; and - (3) has attached thereto, at intervals not to exceed 15m [49'-2 1/2", a sign warning that the fence carries electricity. ## 4.3 BARBED WIRE - 4.3.1 No person shall erect or cause to be erected or maintained any fence composed wholly or partially of barbed wire, metal spikes or other sharp or pointed materials, within the Township. - 4.3.2 Notwithstanding the provisions of article 4.3.1, barbed wire may be used in the construction of a fence: - (1) on land while it is being lawfully used for an agricultural operation; or - (2) land containing an industrial use provided that the portion of fen ontaining the barbed wire is not less than 1.8m [5'-11" above ground lev ## 4.4 VEHICLE TIRES - 4.4.1 No person shall erect or cause to be erected any fence or privacy screen composed wholly or partially of vehicles tires, used or otherwise, on any property within the - 4.4.2 No person shall maintain or keep, cause to be maintained or kept, any fence or privacy screen composed wholly or partially of vehicle tires, used or otherwise, on any property within the Township. ## SECTION 5 ADMINISTRATION AND ENFORCEMENT ## 5.1 OFFICERS - 5.1.1 The Chief Building Official is assigned the responsibility of administering and enforcing this By-law and may assign duties to such persons as necessary to carry out the provisions of this By-law. - 5.1.2 Persons appointed or assigned for the purposes of administering or enforcing this By-law are Officers and have authority to carry out the duties assigned to Officers under this By-law, and may enforce the provisions of this By-law. - 5.1.3 An Officer acting under this By-law or any person acting under their instruction may at any reasonable time, and upon producing proper identification, enter upon any property without a warrant for the purpose of administering or enforcing this by-law. - 5.1.4 No person shall hinder or obstruct an Officer, appointed under this by-law or employed to enforce by-laws for the Township, from carrying out their duties to administer and enforce this by-law. ## 5.2 ORDERS FOR NON-CONFORMITY - 5.2.1 If an Officer is satisfied that a contravention of this By-law has occurred, the Officer may issue an order to the owner and such other persons affected by it as the Officer determines and every owner or such other person shall comply. A copy of the order may be posted on the property to require that the materials or conditions be brought into compliance with this By-law. - 5.2.2 An order as described in article 5.2.1 shall: - (1) state the municipal address or the legal description of the property on which the infraction has occurred; - (2) give reasonable particulars of the contravention adequate to identify the contravention and the location on the land on which the contravention has occurred; - (3) the date or dates by which compliance with the order must be achieved; and - (4) be served or caused to be served on the owner and such other persons affected by the order by: - (a) personal service; - (b) registered mail to the last known address known to the Township for that person which shall be considered to be served five business days after the date the order was mailed; or - (c) posting the order in a conspicuous place upon the property on which the instance of non-conformity was found by the Officer. - 5.2.3 An Officer may grant extensions of time for compliance beyond that specified in any order issued in accordance article 5.2.1 in any case where: - (1) valid reasons exist in the opinion of the Officer for the extension; and - (2) apart from such reasons, the Officer is satisfied that the order will be complied with. - 5.2.4 Any such extension of time for compliance beyond that specified in the order as permitted by article 5.2.3 shall be provided in writing. An extension received in any other manner shall not be considered valid or applicable. ## 5.3 POWER OF TOWNSHIP TO REPAIR OR REMOVE - 5.3.1 Where an owner fails to erect or maintain a fence or privacy screen in accordance with the provisions of this by-law, or fails to cause or permit the repair, relocation or removal of a fence of privacy screen in accordance with an order issued under this by-law, an Officer may, with such assistance by others as may be required, immediately, at the expense of the owner, repair, relocate or remove the fence or privacy screen. - 5.3.2 Where it is required for the Township to have work conducted to remedy a nonconformity as described in article 5.3.1, the Township may charge an administration fee of 15% of such expense with a minimum fee of $125.00 which shall be added to the expense of the work. - 5.3.3 The Township may recover any expenses incurred in undertaking the work described in article 5.3.1, including the administration fee as prescribed in article 5.3.2, by action or by adding the costs to the tax roll and collecting them in the same manner as taxes. ## 5.4 VARIANCES OF THIS BY-LAW - 5.4.1 The owner of a property, or authorized agent of the owner, may make an application to the Committee to request consideration of a variance from the provisions of this by-law with respect to their property. Such application shall be made in the form as described in sentence 5.4.2 and accompanied by the fee as prescribed in the Schedule of Fees, being Schedule A to this By-law, along with any other information relating to the application as may be required by the Chief Building Official. - 5.4.2 Applications for variance from the provisions of this By-law shall be made in writing on a form as prescribed by the Chief Building Official and shall include: - (1) The name, address, telephone number and contact information of the person making application for the variance; - (2) specific reference made to the applicable article(s) of the by-law from which exemption is being sought; - (3) a statement as to the reason why the provisions of the by-law are unable to be met; - (4) a site plan, referenced to a legal plan of survey, indicating the location on the property where the subject variance is being requested; and - (5) the applicable fee. - 5.4.3 Applications for variance to the fence by-law shall be made to the Committee in accordance with procedures established by that Committee and the following requirements: - (1) Notice of hearing shall be given to every owner of abutting land by personal service, prepaid personal mail or electronically, where permitted; and - (2) Appeals of the decision of the Committee shall be to Council and shall be formally requested in writing within twenty (20) days of the date of decision by the Committee. - 5.4.4 The Committee may grant or deny a variance with respect to sections 2 and 3 of this by-law. All decisions of the Committee shall be in writing and are revocable only by a motion of Council. - 5.4.5 The Committee shall act in accordance with the Terms of Reference approved by Council. ## 5.5 PENALTIES - 5.5.1 Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended. ## 5.6 FEES - 5.6.1 Any fee required by or described in this by-law shall be as set out in Schedule "A" to this by-law. ## 5.7 VALIDITY - 5.7.1 Should a court of competent jurisdiction declare a part or whole of any provision of this by-law to be invalid or of no force and effect, the provision or part is deemed severable from this by-law, and it is the intention of Council that the remainde survive and be applied and enforced in accordance with its terms to the extent possible under the law so as to protect the public. - 5.7.2 Where the regulations of this by-law conflict with those of another by-law, Act, or Regulation in force within the Township, the regulation that establishes the higher standards to protect the health and safety of persons shall prevail. ## SECTION 6 ENACTMENT & REPEAL - 6.1 BY-LAWS TO BE REPEALED - 6.1.1 By-law 2017-99 of The Corporation of the Township of West Lincoln, and an amendments made thereto, are hereby repealec - 6.2 DATE OF ENACTMENT - 6.2.1 This by-law shall come into force and effect October 24, 2017.   READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 27TH DAY OF NOVEMBER 2017. MAYOR DOUGLAS/JOYNER CAROLYN LANGLEY, CLERK ## SCHEDULE 'A' ## THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN By-law 2017-129: Fence By-law ## SECTION 1 FEES ## 1.1 FEES - 1.1.1 Every application for consideration of a variance to this By-law shall be subject to a fee as prescribed below. - 1.1.2 The fees collected for consideration of a variance do not in any way guarantee the granting of the requested variance or appeal and at no time shall the collected fee be refundable in whole or in part. Table A 1.1.1: Fence By-law Variance Application Fees | Request | Fee | |-----------------------------------------------|--------| | variance of fence regulations | $475 | | variance privacy screen regulations | $475 | | appeal of decision of Committee of Adjustment | $1,000 | ## SCHEDULE 'B' ## THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN PART I PROVINCIAL OFFENCES ACT By-law 2017-129: Fence By-law ## SET FINES AND SHORT FORM WORDING For the purpose of the enforcement of this by-law the short form wording and set fines shall be 33, as amenden the table below as proviled for in the Provincial Offences Act, R.S.O. 1990, c. P Table B 1.1.1: Fence Set Fines and Short Form Wording | No. | column 1 Short Form Wording | column 2 Provision Creating or Defining Offence | column 3 Set Fine | |-------|---------------------------------------------------------------|---------------------------------------------------|---------------------| | 1 | erect fence on municipal road allowance or Township property | Article 4.1.1 | $200 | | 2 | erect prohibited fence or privacy screen | Article 4.1.2 | $200 | | 3 | ect fence or privacy screen usir neet metal - residential zor | Article 4.1.3 | $200 | | 4 | erect/keep fence not in good repair | Article 4.1.4 | $200 | | 5 | erect electric fence | Article 4.2.1 | $200 | | 6 | erect barbed wire fence | Article 4.3.1 | $200 | | 7 | erect fence or privacy screen using vehicle tires | Article 4.4.1 | $200 | | 8 | maintain a fence or privacy screen made of vehicle tires | Article 4.4.2 | $200 | | 9 | hinder an Officer | Article 5.1.4 | $200 | | 10 | failure to comply with an order | Article 5.2.1 | $200 | NOTE: The general penalty provision for the offences listed above is Article 5.5.1 of By-law 2017-129, a certified copy of which has been filed, and s. 61 of the Provincial Offences Act, R.S.O. 1990, c.P. 33.