HomeMy WebLinkAboutBy-law 425/76THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER a5' 7t
Being a By-law respecting residential fences
and swimming pool enclosures in the Town of
Pickering
WHEREAS it is desirable that where fences are constructed in
residentially zoned lands in the Town of Pickering, such fences
should be regulated in order to maintain the amenities of the area
and the free movement of light and air;
AND WHEREAS, pursuant to the provisions of sections 354 and 460
of The Municipal Act, R.S.O. 1970, chapter 284, as amended, the
Corporation of the Town of Pickering may pass by-laws to that effect;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING enacts as follows:
1. For the purposes of this by-law, the term
(a) "Council" shall mean the Council of the Corporation of
the Town of Pickering;
(b) "daylighting radius" shall mean that portion of land
within a radius from the point of intersection of the
street lines or tangents thereof as the case may be,
as set out in Schedule "A" hereto;
(c) "division fence" shall mean a fence erected, growing or
maintained, dividing two or more properties and marking
or substantially marking the boundary between such
properties;
(d) "enclosure" shall mean a fence, wall or other structure,
including doors or gates, surrounding a privately owned
outdoor swimming pool;
(e) "fence" shall mean a linear barrier erected, growing or
maintained on land in the Town of Pickering and includes
a hedge;
(f) "height" shall mean the perpendicular distance from the
level of the land on which a fence or enclosure is erected,
growing or maintained to the top of such fence or enclosure,
and where the land levels are not the same on both sides
of the fence or enclosure the lower of such levels shall
be deemed to be the land level;
(g) "land" shall mean property situated in the Town of
Pickering and zoned for residential uses;
(h) "street" shall mean a public highway, public road allowance
or private thoroughfare which affords a principal means of
access to abutting land;
(i) "street corner" shall mean the intersection of two streets
or two parts of the same street where the two parts, or
their tangents, where the street is curved, intersect at an
angle of less than one hundred and thirty-five (135) degrees;
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(j) "swimming pool" shall mean any body of water contained
in part or in whole by artificial means in which the
depth of water at any point can exceed twenty-four (24)
inches and be used or be capable of being used for
swimming.
PART I - RESIDENTIAL FENCES
2. The provisions of this Part shall apply to all lands within
the Town of Pickering zoned for residential uses; but these provisions
shall not apply where a fence is contiguous to non-residentially
zoned area, except where a street is the boundary between the zones.
3. No person shall place or maintain a fence either permanently or
temporarily on any public property without the prior approval of
Council thereto.
4. (a) Subject to subsection (b), no person, being the occupier or
owner of land, shall erect, grow, maintain or allow the erection,
growth or maintenance on the land of a fence more than forty-two (42)
inches in height within twenty-five (25) feet of any street.
(b) Notwithstanding the provisions of subsection (a), no person,
being the occupier or owner of land, shall erect, grow, maintain or
allow the erection, growth or maintenance on the land of a fence
within the daylighting radius of any street corner.
(c) Subject to subsections (a) and (b), no person, being the
occupier or owner of land, shall erect, grow, maintain or allow the
erection, growth or maintenance on the land of a fence more than six
(6) feet in height.
(d) Subject to subsections (a) and (b) and notwithstanding the
provisions of subsection (c), no person, being the occupier or owner
of land, shall erect, grow, maintain or allow the erection, growth
or maintenance on the land of a division fence separating residential
from institutional, commercial, open space or industrial uses that is
more than eight (8) feet in height.
PART II - SWIMMING POOL ENCLOSURES
5. (a) The occupier.or owner of land upon which is situate a privately
owned outdoor swimming pool shall erect and maintain an adequate enclosure
surrounding the entire swimming pool area, sufficient to make such area
not readily accessible to unauthorized persons.
(b) No person shall place water in a privately-owned outdoor
swimming pool or allow water to remain therein unless the enclosure
prescribed by this By-law has been erected and is being maintained.
(c) Except as further provided in subsection (f) (v), such enclosure,
including gates therein, shall extend from the ground to a height, measured
on the outside of the enclosure, of not less than four (4) feet.
(d) When a wall of a building "other than the principle residence
on the land" forms part of such enclosure no entrance to the building
shall be located within the enclosure, unless the entrance is equipped
with a self-closing door and a locking device preventing unauthorized
entry to the enclosure from the building.
(e) Except as provided in subsection (f) (vi) (2), such enclosure
shall have no rails or other horizontal or diagonal bracing or attachments
on the outside that would facilitate climbing.
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(f) A fence or its equivalent forming part of such enclosure,
(i) shall be of vertically boarded wood construction,
chain link construction or of other materials and
construction as provided for in subsection (f) (vi);
(ii) if of chain link construction, shall
(1) be of not greater than 1k inch diamond mesh if
if constructedgfter the date of passage of this
by-law, and A inch diamond mesh if constructed
" ter! before the date of passage of this by-law.
(2) be constructed of galvanized steel wire not
less than No. 12 gauge, or of minimum No. 14
gauge steel wire covered with a vinyl or other
approved coating forming a total thickness
equivalent to No. 12 gauge galvanized wire;
(3) be supported by at least 1? inch diameter
galvanized steel posts each covered by a
minimum of two inches of concrete from grade
to a minimum of two feet below grade, such
posts to be spaced not more than ten feet
apart, top and bottom horizontal rails shall
be provided of 1; inch minimum of diameter
galvanized steel, except that a ; inch minimum
diameter galvanized steel tension rod may be
substituted for the bottom horizontal steel
rail. A vinyl or other approved coating may be
substituted for the galvanized coating;
(iii) if of wood construction, shall
(1) have the vertical boarding attached to supporting
members all of which are arranged in such a manner
so as not to facilitate climbing from the outside.
Such vertical boards shall be not less than 1 x 4
inch nominal dimensions spaced not more than 1?
inches apart;
(2) be supported by a minimum of four inch square or
four inch diameter cedar posts, nominal dimensions,
spaced not more than eight feet on centres securely
embedded to a minimum of two feet below grade.
That portion of the wood post below grade shall be
treated with a wood preservative. Top and bottom
horizontal rails shall be provided of wood two inch
by four inch minimum nominal dimensions;
(iv) shall include no part consisting of barbed wire or having
similar dangerous characteristics and no device for
projecting an electric current through the fence;
(v) shall be located more than four feet from the swimming pool
unless the required height, as prescribed in subection (c),
is increased to six feet, and shall not, regardless of
height, be located closer than four feet to any condition
that would contribute to the lessening of these minimum safety
requirements by facilitating the climbing of the swimming
pool fence;
(vi) may be of construction other than that specified provided an
equivalent degree of safety is maintained and shall,
(1) be constructed so that the rigidity is equal to that
specified for those fences described in clauses (ii)
or (iii);
(2) be permitted to have exposed structural or other members
or parts thereof that may facilitate climbing the outside
of the enclosure provided the minimum clear vertical
distance between any such members, or parts thereof, is
four feet and, regardless of the location of such members,
where this minimum four foot vertical dimension is maintained
the least dimension of any opening through such fence may
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(2) be increased to not more than that required to prevent the
passage of a spherical object having a diameter of four inches.
(g) Gates forming part of such enclosure, shall
(i) be of construction and height equivalent to that
required for the fence;
(ii) be supported on substantial hinges, and
(iii) each be self-closing and equipped with a locking
device and with a self-latching device placed at
the top and on the inside of the gate.
(h) The occupier or owner of land upon which is situated a
privately-owned outdoor swimming pool shall ensure that every gate
required by subsection (g) to be equipped with a locking device
shall be kept locked at all times if there is more than twenty-four
inches of water in the pool and a responsible person is not present
and supervising the pool.
6. No person shall erect an enclosure for a swimming pool until
plans for such enclosure have been submitted to the Town of Pickering
and a permit certifying approval of such plans has been issued.
7. No person shall excavate for or erect a privately-owned swimming
pool without a permit certifying that approval of the plans for the
enclosure has been issued and the permit fee of $5.00 has been paid.
8. A permit may be refused if the enclosure does not comply with
any By-law.
PART III - GENERAL
9. No person, being the occupier or owner of land, shall use or allow
the use in the erection, growth or maintenance of any fence, of:
(a) barbed wire, barbed material or any other material of a
nature which could be injurious to the public; or
(b) any device designed for or capable of projecting electric
current through a fence.
10. Any person, being the occupier or owner of land in the Town of
Pickering, may apply to the Council of the Town for permission to exceed
the fence height limit set out in subsection (a) of section 4, and if
the Council is satisfied, in its opinion, that the proposed height is
reasonable and does not contravene the purpose and intent of the provisions
of this by-law, then the Council may grant such permission, in whole or
in part, conditionally or unconditionally, as it deems advisable.
11. (a) The provisions of this by-law apply to all residential fences
and swimming pool enclosures in existence at, or to be constructed after,
the date of passage hereof.
(b) Where a residential fence in existence at the date of passage
hereof does not conform to the provisions hereof, the occupier or the
owner of the land upon which it is situated shall bring that fence into
conformity within six (6) months of the date of passage hereof.
(c) Where a swimming pool enclosure in existence at the date of
passage hereof does not conform to the provisions hereof, the occupier
or the owner of the land upon which it is situated shall bring that
enclosure into conformity within twelve months of the date of passage
hereof.
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12. Any person convicted of a breach of any of the provisions of
this by-law shall forfeit and pay, at the discretion of the presiding
justice, a penalty not exceeding, exclusive of costs, the sum of
one thousand dollars ($1,000.00) for each offence.
VV
13. By-law number 4026/71 and By-law number 3745/69 are hereby
repealed.
By-law read a first, second &YHI -time and PASSED-
this 1 day of !.e.. e. , 1976.
J ?\ C1Kt1rL.5 .. a
Mayor
Administrator-clerk
By-law read a Third time and PASSED
this day of 1976
TOWN OF PICKERING
RECORDED VOTE
A,"HE G. YEA NAY
ANDERSON J.
KITCHEN D.
MATHE30N K. -?
ROBERTSON A.
SPRATLEY K.
SEARLE B.
Mayor
Administratop Clerk
SCHEDULE "A"
LENGTH OF DAYLIGHTING RADIUS
Width of Intersecting Streets - Radius Required
1. 66 feet and 66 feet - 15 feet
2. 66 feet and 76 feet - 15 feet
3. 66 feet and 86 feet - 25 feet
4. 66 feet and 100 feet or more - 25 feet
5. 76 feet and 86 feet - 25 feet
6. 76 feet and 100 feet or more - 25 feet
7. 86 feet and 100 feet or more - 50 feet
8. 100 feet or more
and 100 feet or more - 50 feet
2 ?°??9
OF pjo?
GZi
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FENCE HEIGHT EXEMPTION
Pursuant to section 10 of By-law 425/76, permission
is hereby granted to:
NAME:
ADDRESS:
to erect, grow and maintain a fence of a height in
excess of 42 inches, on condition that:
(1) the fence be erected, grown and maintained in
accordance with the provisions of By-law 425/76
and application for Fence Height Exemption
(with attachment)
ISSUED AT PICKERING this day of , 19
Municipal Law Enforcement Officer
THIS IS NOT A PERMIT TO HAVE, ERECT OR CONSTRUCT A
FOR OFFICE USE ONLY
Exemption No.
AO?o OF p/C
Z
PERMIT
CORPORATION OF THE TOWN OF PICKERING
This Permit is granted to:
address:
and CERTIFIES that the Town of Pickering has APPROVED PLANS
for the erection of a SWIMMING POOL ENCLOSURE to be located
at:
pursuant to the provisions of By-law 425/76.
Issued at Pickering this day of 19
Municipal Law Enforcement Officer
THIS IS NOT A PERMIT TO HAVE, ERECT OR CONSTRUCT A SWIMMING POOL
FOR OFFICE USE ONLY
Permit No. Receipt No. Amount