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TOWN OF NAICAM
BYLAW NO. 3 - 2014
A BYLAW TO REGULATE THE ERECTION OF FENCES AND PLANTING OF
SHRUBS, TREES, AND HEDGES
THE COUNCIL FOR THE TOWN OF NAICAM IN THE PROVINCE OF SASKATCHEWAN
ENACTS AS FOLLOWS:
1.
This Bylaw shall be cited as the "Fence Bylaw".
2.
DEFINITIONS:
2.1.
Height: shall mean:
2.1.1. the vertical measurement taken from the back edge of the sidewalk immediately
adjacent to the object of concern, if within a sight triangle; or
2.1.2. the vertical measurement taken from the average grade level along the object of
concern, if not within a sight triangle.
2.2. Retaining Wall: shall mean any structure that provides or is capable of providing lateral
support for a mass of soil.
2.3. Boulevard: shall mean that portion of a highway between the curb lines or lateral lines of the
roadway and the adjoining property line exclusive of the sidewalk.
2.4. City Building Inspector: shall mean the Building Inspector of the Town of Naicam or any
person acting or authorized by him to act on his behalf.
2.5. Front Yard: shall mean the area between the dwelling unit and the front property line. In the
case of a corner site, the front property line shall mean the narrowest legal street frontage of
the lot or lots.
2.6. Highway: shall have the same meaning as in The Highways and Transportation Act, 1997 and
shall include the whole and entire width as surveyed of every street, avenue, lane, public drive,
or driveway in an auto court or motel or other public place.
2.7. Intersection: shall mean the area bounded by property lines, real or produced, or two or more
highways which meet or cross each other.
2.8. Roadway: shall mean and include that part of a highway designed or intended for use by
vehicular traffic.
2.9. Sight Triangle: shall mean that area contained in the triangle formed by the corner property
lines and a straight line drawn from a point six (6.0) metres from the corner property pin to a
similar point six (6.0) metres along the perpendicular or intersecting property line.
2.10. Council: shall mean the Council for the Town of Naicam
2.11. Town: shall mean the Town of Naicam
3.
Hedges and Shrubs
3.1. At Street Intersections: No person shall plant or maintain any hedge or shrub, which exceeds
0.8 metres in height within the sight triangle.
3.2. At Lane Intersections: No person shall plant or maintain any hedge or shrub, which exceeds
0.8 metres in height past the property line.
3.3. On Boulevards: No person shall plant or maintain on the boulevard any hedge or shrub which
exceeds 0.8 metres in height or obstructs the free passage of pedestrians along any part of the
abutting sidewalk.
3.4. Around Hydrants: No person shall:
3.4.1. plant or maintain any hedge, plant, tree or shrub within 1.0 metre, and in no case shall
any form of obstruction be allowed in front of any hydrant.
3.4.2. place, permit or allow rocks, stones, wood, metal, or any other substances, other than
grass, on the ground within 1.0 metre of any hydrant.
4.
Trees
4.1. At Street Intersections: In order to provide an unobstructed view for vehicular traffic, no
person shall plant or maintain a tree or trees within the sight triangle unless the branches of
such tree or trees are trimmed between ground level and a height of 1.8 metres, or unless the
tree or trees are less than 0.8 metres in height.
4.2. On Boulevards: No person shall plant or maintain on the boulevard a tree or trees having
branches which in any manner obstruct the free passage of either vehicles or pedestrians,
obstruct the view for vehicular traffic, or which interfere with power and/or telephone lines.
4.3. In Lanes: No person shall plant or maintain at the rear of his property a tree or trees which in
any manner will obstruct the free passage of vehicles or pedestrians using the lane, or which
will interfere with power and/or telephone lines.
5.
Fences
5.1. Regulations: No person shall construct a fence
5.1.1. which exceeds 0.8 metres in height within the front yard in any residential district.
5.1.2. which exceeds 2.5 metres in height in the side or rear yards in any residential district,
except with written consent of Council.
5.1.3. using barbed wire in any residential district. In commercial and/or industrial districts,
barbed wire may be used on the top of a 1.8 metre high chain link fence for security
reasons.
5.2. At Lane Intersections: No person shall construct any fence, which exceeds 0.8 metres in
height past the property line.
5.3. On Boulevards: No person shall construct on the boulevard a fence exceeding 0.8 metres in
height and less than 0.6 metres from the inner edge of the abutting sidewalk.
5.4. Around Hydrants: No person shall construct a fence or other form of obstruction within 1.0
metre of any hydrant, and in no case shall any form of obstruction be allowed in front of any
hydrant.
6.
Retaining Walls
6.1. Permits: No person shall construct a retaining wall without first obtaining a Building Permit
from the Building Inspector.
6.2. Regulations: All retaining walls constructed in the Town of Naicam shall conform to the
following regulations:
6.2.1. Plans: Detailed plans shall be submitted for approval.
6.2.2. Design: The design of the wall shall conform to the Building Bylaw of the Town of
Naicam.
6.2.3. Setbacks on Boulevards: Retaining walls:
6.2.3.1. may be constructed on the boulevard if the sidewalk abutting the property is
a concrete sidewalk.
6.2.3.2. 0.3 metres in height or less may be constructed right against the back edge of
the sidewalk.
6.2.3.3. exceeding 0.3 metres in height, but not more than 0.9 metres in height, shall
be set back not less than 0.5 metres from the back of the sidewalk.
6.2.3.4. exceeding 0.9 metres in height but not more than 1.5 metres in height shall
be set back not less than 0.9 metres from the back of the sidewalk.
6.2.3.5. exceeding 1.5 metres in height shall not be allowed to be constructed on any
boulevard.
6.2.4. At Street Intersections: Retaining walls shall not exceed 0.8 metres in height if
constructed within the sight triangle.
6.2.5. At Lane Intersections: Retaining walls shall not exceed 0.8 metres in height if
constructed on the boulevard.
7.
Enforcement and Penalties
7.1. Nuisance: When deemed necessary, the Council may by resolution declare any retaining wall
or fence a nuisance and all provisions of Sections 364 and 366 of The Municipalities Act shall
apply.
7.2. Boulevards and Easements: When a retaining wall, fence or any other matter or thing has
been constructed, or a hedge, shrub or tree has been planted on the boulevard, on Town owned
property, or easements which are required by the Town for utilities, widening of the street, or
any other purpose whatsoever, the Town shall have the right to order the owner to remove the
retaining wall, fence, hedge, shrub or tree and should the owner fail or neglect to remove the
same within the time specific in the order, the Town shall have the right to remove the said
retaining wall, fence, hedge, shrub or tree at the owner's expense, and if the cost of the work
remains unpaid on the thirty-first (31st) day of December of the year in which the sum became
payable, the sum shall be added to and form part of the taxes on the land in respect of which
the work was done.
7.3. Penalties:
7.3.1. Except where otherwise specified in this Bylaw, any person who contravenes any
provision of this Bylaw is guilty of an offense punishable on summary conviction by a
fine in an amount not exceeding:
7.3.1.1. two thousand dollars ($2,000.00) in the case of an individual;
7.3.1.2. five thousand dollars ($5,000.00) in the case of a corporation.
8.
APPLICATION OF THIS BYLAW
If a court of competent jurisdiction should declare any section or subsection of this Bylaw to be
invalid, such section or subsection shall not be construed as having persuaded the Council to pass the
remainder of the Bylaw, and it is hereby declared that the remainder of this Bylaw shall be valid and
remain in force.
9.
EFFECTIVE DATE
This Bylaw shall come into full force and effect upon the third reading.
______________________________
Mayor - Rodger Hayward
(SEAL)
______________________________
Administrator - Lowell Prefontaine
Read a third time and adopted
this _____ day of _______________ , 2014