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Home My WebLink About89-46 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 89- 46 being a By-law for prescribing the height and description of lawful fences in the Town of Newcastle. THEREAS the Municipal Act R.S.O. 1980, Chapter 302, Section 210, Paragraph 18, authorizes the passing of a By-law for prescribing the height and description of lawful fences; WHEREAS the Town of Newcastle has previously enacted a By-law # 75-38 for prescribing the height and description for swimming pool fences; WHEREAS the Municipal Act R.S.O., 1980, Chapter 302, Section 210, Paragraph 140, authorizes the passing of a By-law for prohibiting the posting or exhibition of placards, play bills, posters, writing or pictures, or the writing of words, or the making of pictures or drawings which are indecent or may tend to corrupt or demoralize on any wall or fence; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: SECTION I T I T L E 1.1 This By-law may be cited as the Fence By-law. SECTION II D E F I N I T I O N S 2.1 For the purpose of this By-law, the definitions and interpretations of By-law 84-63, as amended, shall govern, except as herein defined. 2.2 FENCE shall mean any structure constructed of posts, boards, palings, rails, wire, masonry or similiar materials or any combination thereof used to define a property boundary or to enclose any outdoor area. 2.3 HEIGHT shall mean the distance measured from the grade where the fence posts are embedded to the highest point of the fence. 2.4 POOL means a privately owned outdoor swimming pool which includes any body of water or pool located outdoors on privately owned property contained in part or in whole by artificial means and used intended for swimming, diving or bathing but does not include: i. a pond intended for agricultural use; ii. a pond intended for aesthetic purposes; or iii. a body of water or pool that is less than 0.45 metres in height or depth, or a combination thereof. .. .2 !" , ' , . -2- 2.5 GRAFFITI shall mean writing or pictures, which are indecent or may tend to corrupt or demoralize. SECTION 3 GENERAL PROVISIONS 3.1 No person shall erect, construct or permit to be erected any barbed wire fence within the Town of Newcastle, except that barbed wire is permi tted: (i) on a fence erected on land in an agricultural zone as prescribed by the Zoning By-law and used for the purpose of keeping livestock; and (ii) on the top of a fence erected in a commercial or industrial zone as designated by the Zoning By-law provided that it projects inwards to the area enclosed by the fence. 3.2 No person shall erect, construct or permit to be erected or constructed any fence equipped with a device for transmitting an electric current thereon or therethrough, except on land designated as agricultural by the Zoning By-law and used for the purpose of keeping livestock provided that the maximum electrical current does not exceed 120 volts at .04 amps and that it complies with The Power Corporation Act, R.S.O. 1980, and the regulations thereunder, as amended, from time to time. 3.3 The posting or exhibition of placards, playbills, posters or graffiti on any fence is prohibited. 3.4 The provisions of this By-law shall not apply to prohibit the erection of a fence for the purpose of public services provided by the Corporation of the Town of Newcastle, any School Board, or any Public Authority including any Department of the Regional Municipality of Durham or any Department or Ministry of the Govermnent of Canada or Ontario, or any Conservation Authority established by the Government of Ontario, and, for the purposes of this Section shall include Ontario Hydro, any telephone, cable television or telegraph company and any natural gas distribution system operated by a Company distributing gas to the residents of the Town, which company posesses all the necessary powers, rights, licences and franchises. 3.5 Fences constructed prior to the passing of this By-law shall be considered legal. 3.6 Replacement or reconstruction of fences shall conform with the provisions of this By-law. . . .3 i . , - 3.. ( ~ . SECTION 4 FENCES I N RES IDE N T I A L Z 0 N E S 4.1 No fence erected in a front, rear, interior or exterior side yard shall exceed 1.80 metres in height. SECTION 5 S W I M M I N GPO 0 L FEN C E S 5.1 No person shall excavate for or erect an outdoor swimming pool without having first obtained a permit certifying the approval of the plans for the fences and gates required by this By-law, and upon payment of the prescribed fee. 5.2 No person shall fill an outdoor swimming pool with water or maintain such pool filled with water until the fences and gates required by this by-law have been erected around the swimming pool. 5.3 A swimming pool fence shall meet the following requirements: i) every fence shall not be less than 1.2 metres in height nor greater than 1.8 metres in height; ii) every fence shall be constructed of vertically boarded wood, solid wood, basketweave, chain link, masonry, plastic, metal or other materials and construction provided an equivalent degree of safety and acceptable to the Building Inspector; iii) every fence shall be so constructed that no rails or other horizontal or diagonal bracing or attachments that may facilitate climbing, shall be located on the outside of the fence; iv) every fence shall have no opening with a horizontal dimension greater than 7.60 centemetres. v) every fence shall be so constructed to have the only means of entry by gates or doors; vi) no part of any fence shall consist of barbed wire; vii) any device for projecting an electrical current through such fence is prohibited. 5.4 A swimming pool gate shall meet the following requirements: i) every gate shall be of the height equivalent to that required for the fence; ii) every gate shall be of the construction equivalent to that required for the fence; ...4 " ........ t. . ' .. ' .' , ) Hi) -4- every gate shall be supported on substantial hinges and shall be equipped with self-closing and self-latching devices placed at the top and on the inside of the gate; iv} every gate shall extend down to within 7.60 centemetres of the ground or floor level. 5.5 The provisions of this By-law requiring the erection of a fence shall not apply if the outside walls of an outdoor swimming pool are at least 1.8 metres above the grade of the ground abutting such walls and the exterior surface of the walls of the pool have no horizontal or diagonal bracing or attachments that may facilitate climbing and each entrance to the pool is protected with a gate complying with the requirements of Section 5 (4) SECTION 6 FENCES IN COMMERCIAL & INDUSTRIAL ZONES 6.1 No fence in a Commercial or Industrial Zone shall exceed 2.4 metres in height. SECTION 7 CONSTRUCTION AND MAINTENANCE 7.1 Every fence shall be designed and installed in such a manner as to meet its intended function. 7.2 All surfaces that have been previously painted, stained, varnished or which have received other similar protective finishes shall be maintained without visible deterioration. 7.3 Every fence shall be maintained in a structurally sound condition and in good repair. 7.4 Every fence shall be maintained free of placards, playbills, posters and graffiti. SECTION 8 PEN A L TIE S 8.1 Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine of not more than $2,000.00, exclusive of costs. ...5 f \ , .' .. <II ~ .)..~..... '''. .. . '.. t .. ~ -5- , SECTION 9 E X C E P T ION S 9.1 The provisions of this By-law shall prevail unless otherwise specified within a development agreement, site plan agreement, subdivision agreement or any other By-law of the Town of Newcastle. SECTION 113 V A LID I T Y 113.1 In the event any part or provision of this by-law is held to be illegal or void, this shall not have the effect of making illegal or void any of the other parts or provisions thereof, which mayor shall be determined to be legal. SOCTION 11 PRE C E DIN G BY-LAW 11.1 By-law 75-38, as amended, is hereby repealed. SOCTION 12 EFFECT 12.1 This by-law shall take force and effect upon the final passing thereof. By-law read~~ a first and second time this 28th day of March 1989 By-law re~d~a third time and finally passed this 28th day of March 1989 ~ I . , , .......... ....- ~ .~t:~,