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WHEREAS Section 11 (3), subsection 7 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that Municipal Councils may pass by-laws respecting structures, including fences and signs.
AND WHEREAS Section 425 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a person who contravenes a by-law is guilty of an offence and may be liable to a fine;
AND WHEREAS Section 429 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes the municipality to establish a fine schedule for by-law contraventions;
AND WHEREAS Sections 435 through 439 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorize a municipal officer to enter and inspect land and structures to determine whether a by-law is being contravened;
AND WHEREAS Section 440 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may apply to the Superior Court for an order restraining a contravention of a by-law;
AND WHEREAS Section 444 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipal officer to order a person to discontinue a by-law contravention and to undertake work to correct such contravention;
AND WHEREAS Section 445 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, specifies the manner in which an order made under Section 444 shall be served;
AND WHEREAS Section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to cause work to be done at the expense of a person in default of an order and to recover the cost by action or by adding the cost to the tax roll as property taxes;
AND WHEREAS, the Council of the Corporation of The Nation Municipality deems it desirable and in the public interest to adopt a fence by-law.
AND WHEREAS Section 98(1) of the Municipal Act, 2001, S.O. 2001, c. 25 provides that local municipality may provide that the Line Fences Act does not apply to all or any part of the municipality.
THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows:
1. Definitions
2. General Regulation
3. Hedge Fence and Trees
4. Fences: Prohibited Types
5. Fences: Permitted Materials
6. Maximum Height of Fences Urban and Rural Residential Properties
7. Division Fences
8. Measurements
9. Design
10. Snow Fence
11. Fence Protection on Municipal Property
12. Fence Permit Required
13. Non-Conformity
14. Enforcement
15. Validity
16. Penalty
17. Prohibiting Order
18. Non-Application of Line Fences Act
19. Repeal of Previous By-Law
20. By-Law to Take Effect
Schedule A: Permit Fees
1. Definitions
- "Construct", "Erect" means build, reconstruct or relocate, and shall include any preliminary physical operations such as cutting, grading, excavating, filling or draining, or any altering of any existing structure by an additions, extension or any other structural change;
- "Existing" means existing as of the date of the passing of this By-Law;
- "Fence" means a hedge, any structure, partition or manufactured material which is erected for the purpose of screening , safeguarding or inclosing a piece of land, or to divide a piece of land into distinct portions, or enclosing property, persons, livestock, pets, material, or for delineating property lines. An enclosure about a field or other space or about any object, especially an enclosing structure of wood, iron or other materials, intended to prevent intrusion from without or straying from within;
- "Gate" means any movable barrier, swinging, sliding or otherwise used to fill or close an access and includes a door;
- "Grade" means the elevation of the finished surface of the ground immediately surrounding a fence;
- "Hedge" means a fence composed of naturally growing material, which is densely planted and intended to be maintained at an even height;
- "Municipal Law Enforcement Officer" (MLEO) means a peace officer appointed under Section 15 of the Police Services Act to enforce municipal by-laws;
- "Municipality" means the Corporation of The Nation Municipality;
- "Non-Conforming" means that which does not conform, comply or agree with the regulations of this by-law on the date of the final passing thereof;
- "Person" as defined in Zoning By-law 2-2006
- "Professional Engineer" means, for the purposes of this by-law, a person who holds a license or a temporary license under the Professional Engineers Act, or his or her authorized subordinate or assistant;
- "Self Latching Device" means automatic locking equipment attached to a fence, gate or door which prevents intrusion from without;
- "Sight Triangle" means, on a corner lot, the area located within triangular space formed by the street lines and a line drawn from a point in one street line, each such point being 6 metres measured along the street line from the point of intersection of the street lines;
- "Street" means any public highway, road, street, lane, alley, square, place, thoroughfare, way or bridge within The Nation Municipality and all parts thereof, including any surface, grassed area, boulevard, ditch, curb, gutter and sidewalk and dedicated street;
- "Structure" means anything that is erected, built or constructed of parts joined together and supported by the soil or any other structure and/or requiring a foundation to hold it erect;
- "Tree" means any perennial woody plant, including its trunk, branches, roots and crown, that is capable of growing to a height of at least 1.2 metres, but does not include a shrub or hedge.
- "Yard" as defined in Zoning By-law 2-2006;
- "Yard, Front" as defined in Zoning By-law 2-2006;
- "Yard, Rear" as defined in Zoning By-law 2-2006;
- "Yard, Side" as defined in Zoning By-law 2-2006;
- "Yard, Side Exterior" as defined in Zoning By-law 2-2006;
- "Yard, Side Interior" as defined in Zoning By-law 2-2006;
2. General Regulation
2.1. Every property owner shall ensure that all fences are freestanding, stable, and structurally sound and shall be made of materials of good quality and suitable for the purpose, arranged and supported in an orderly and good workmanlike manner.
2.2. Every fence shall be maintained in such a manner that no defects are visible from any street or any property adjoining the property on which the fence is located.
2.3. No person shall construct or cause to construct or erect a fence to remain constructed that includes material which will, does or may, in the opinion of The Nation Municipality adversely affect the safety of
the public.
2.4. No person shall construct or cause to construct or erect a fence that obscures a clear view at street intersections, pedestrian or bicycle pathways, driveways, or other points of access or egress of vehicular traffic and, more specifically, no fence shall be permitted within the sight triangle of a corner lot.
2.5. Every gate or door within a fence providing access from a residential lot to a municipal park, municipal green space or a body of water shall be supported by substantial hinges and equipped with a self closing and self latching device placed at the top corner of the gate or door and shall be locked at all times except when supervised by the owner or any person authorized by the owner.
2.6. The installation of an enclosure shall not alter in any way the existing grades or drainage patterns of the premises, unless otherwise approved by a Profession al Engineer. The finished grade shall comply with the approved lot grades or drainage pattern.
2.7. All fences shall be maintained in a good state of repair, free from accident hazards and are subject to inspection by the Municipal Law Enforcement Officer (MLEO).
2.8. Wooden fences, with the exception of cedar redwood or specifically pressure treated materials, shall be finished with a weather resistant preservative finish.
2.9. Metal fencing shall be constructed of a rust resistant material and shall be finished with a weather resistant preservative finish.
2.10. All fences requiring maintenance shall be constructed to facilitate this maintenance. Where access is obstructed, the fence shall be constructed with movable sections.
2.11. All fences shall be completed within six (6) months of commencing construction.
3. Hedge Fence and Trees
3.1. Every person shall maintain neatly trimmed a naturally growing hedge to a maximum width of 1.2 metres.
3.2. No person shall plant or maintain a naturally growing hedge or a tree within 1.2 metre of a property line, except if the hedge is along an external side yard property line, the owner can plant it on the property line.
3.3. Subsection 3.2 does not apply with respect to adjoining lands so long as the owners thereof agree in writing that Subsection 3.2 does not apply.
3.4. The maximum height restriction for a naturally growing hedge shall be 5 metres, except along a front property line or within a front yard; the maximum height shall be 1.2 metres.
4. Fences - Prohibited Types
4.1. No barbed wire, razor wire or electrically charges wire which is intended to give an electrical discharge shall be used as a part or in conjunction with any fence unless specified in this By-Law.
4.2. Barbed wire or electric fences shall be permitted only when used for
the confinement of animals for agricultural purposes.
4.3. Notwithstanding Subsection 4.2 above, no person shall use or erect
barbed wire, razor wire or electrical fencing on residential property.
5. Fences - Permitted Materials
5.1. Fences may be of wooden, chain link, stone, wrought iron, brick or similar construction materials.
6. Maximum Height of Fences Urban and Rural Residential Properties
6.1. The maximum height of fences extending from the finished grade to the top of the fence shall be 2.6 metres, except along a front property line or within a front yard; the maximum height shall be 1.2 metres.
6.2. Notwithstanding Subsection 6.1 above, the maximum height of fences could be higher because of topographical issues and with the approval of the Municipal Planner.
7. Division Fences
7.1. The owners of adjoining lands may erect along the dividing line
between their lands a division fence.
7.2. Subsection 7.1 above does not apply if:
- 7.2.1. the adjoining lands are both unoccupied;
- 7.2.2. the owners of adjoining lands continue to agree in writing that Subsection 7 .1 does not apply.
7.3. No fence shall be permitted along a dividing common lot line of a semi-detached dwelling or a row dwelling starting at the street right-of-way and extending to the front wall of the dwelling.
8. Measurements
8.1. Measurements of fences are from the finished grade of a property to the top part of the fence including posts or decorative posts.
8.2. Where there is a grade difference between the two sides of the fence, the height of the fence shall be measured from the higher grade to the top of the fence.
9. Design
9.1. No person shall erect a fence that is not in keeping with the architectural design and concepts of adjacent buildings or structures.
9.2. Where a fence exhibits a finished and unfinished face, the most finished face shall face outward from the owner's property. Where the cost of construction is to be shared between the owners on adjacent properties, then both sides of the fence must be equally finished along the shared portion.
10. Snow Fence
10.1. Snow fencing shall only be used as a temporary device and therefore may be erected and maintained only as follows:
- 10.1.1. during the winter months for the purpose of snow control;
- 10.1.2. to temporarily provide a barricade for a public purpose;
- 10.1.3. shall not be constructed as to cause a snow drift on a sidewalk, pedestrian pathway or road allowance.
11. Fence Protection on Municipal Property
11.1. No person shall erect or construct a fence on Municipal property or a road allowance without first obtaining a written authorization from the municipality.
12. Fence Permit Required
12.1. A permit is required for the planting of a naturally growing hedge and the erection or construction of a fence only where a property is located within residential, commercial, industrial, institutional and village core zones, as demarcated on Schedule 'A' of Zoning By-law 2-2006. The permit shall be issued by the MLEO. The MLEO may require surveyor's plans to establish the location of such fence.
12.2. The permit fee for erection, construction of a fence or retaining wall is set out in Schedule "A" attached to and forming part of this By-Law.
12.3. Permit is not required for snow fence or public barricades used temporarily for public purposes.
12.4. Permit is not required for planting of a tree.
13. Non-Conformity
13.1. Nothing in this By-Law shall prevent the use and maintenance of any fence for any purpose prohibited by the By-Law, if such fence was lawfully erected and used for such purpose prior to the enactment of this By-Law.
13.2. Any owner may apply to the Committee of Adjustment for a minor variance from any provision of this By-Law, pursuant to Section 45 of the Planning Act, R.S.O. 1990, c. P.13, as amended
14. Enforcement
14.1. Authority. This By-Law shall be enforced by the Municipal Law Enforcement Officer (MLEO) of The Nation Municipality.
14.2. Powers of Entry and Inspection: Pursuant to Sections 435 through 439 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, a Municipal Law Enforcement Officer (MLEO) may:
- 14.2.1. enter and inspect any land, building, or structure to determine whether this By-Law is being complied with;
- 14.2.2. conduct inspections at reasonable times;
- 14.2.3. require the owner or occupant to produce evidence of compliance;
- 14.2.4. search for and seize evidence of a contravention, subject to warrant requirements for dwellings.
14.3. Restraining Order - Court Application: Pursuant to Section 440 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, a municipality may apply to the Superior Court of Justice for an order restraining a contravention of this By-Law in addition to any other remedies and in addition to any penalty imposed by this By-Law.
14.4. Order to Comply:
Pursuant to Section 444 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, if an officer is satisfied that this By-Law is being contravened, the officer may:
- 14.4.1. order the person who is contravening this By-Law to discontinue the contravention;
- 14.4.2. order the person to whom an order under the above is directed to undertake the work required to comply with this By-Law; and
- 14.4.3. specify in the order the time within which the contravention must be discontinued and the work, if any, must be undertaken.
14.5. Service of Order:
Pursuant to Section 445 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, an order made under Section 14.4 shall be served:
- 14.5.1. personally on the person to whom it is directed;
- 14.5.2. by registered mail sent to the person's last known address; or
- 14.5.3. by posting it in a conspicuous place on the property where the contravention is occurring.
14.6. Work-in-Default and Cost Recover:
Pursuant to Section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, if a person fails to comply with an order made under Section 14.4, a municipality may:
- 14.6.1. cause the work to be done at the person's expense;
- 14.6.2. recover the cost of the work, plus an administrative charge as established in the Municipality’s Fees and Charges By-law, by action or by adding the cost to the tax roll for the property, to be collected in the same manner as property taxes
15. Validity
15.1. If a court of competent jurisdiction should declare any section or part of a section of this By-Law to be invalid, such section or part thereof shall not be construed as having persuaded or influenced Council to pass the remainder of this By-Law and it is hereby declared that the remainder of this By-Law shall be valid and shall remain in force.
16. Penalty
16.1. Any person who contravenes any provision of this By-Law is guilty of an offence and, upon conviction, is liable to a fine as prescribed for under the Provincial Offences Act, R.S.O. 1990,
Chapter P.33, as amended.
16.2. For the purposes of this section, each day on which an offence under this By-Law continues constitutes a separate offence.
17. Prohibiting Order
17.1. In addition to imposing a fine, the Court may, upon conviction of an offence under this By-Law, make an order prohibiting the continuation or repetition of the violation by the person or corporate
entity convicted.
18. Non-Application of Line Fences Act, R.S.O. 1990, c. L.17, as Amended
18.1. That the Line Fences Act, R.S.O. 1990, c. L.17, as amended does not apply to all properties within The Nation Municipality, pursuant to Section 98(1) of the Municipal Act, 2001, S.O. 2001, c. 25.
19. Repeal of Previous By-Law
19.1. That By-laws number 61-1998, 134-2012 and 45-2014 are hereby repealed.
20. By-Law to Take Effect
20.1. This By-Law shall take force on the day it is finally adopted by Council.
Permit Fees
Erection of a fence, including a naturally growing hedge, $20.00