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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; -2- (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. -3- (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 - 4 - (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. - 5 - 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 r 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