2005-138 To Regulate Fencing around Private Outdoor Swimming Pools within the Township of Oro-Medonte and to Repeal By-Law 94-11
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-138
Being a By-law to Regulate Fencing around Private Outdoor Swimming Pools
within the Township of Oro-Medonte
and to Repeal By-law No. 94-111
WHEREAS Section 11(7) of the Municipal Act, 2001, S.o. 2001, c. 25, as amended,
provides that councils of local municipalities may pass by-laws respecting fences;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte
deems it necessary and expedient, and in the public interest to enact a By-law to
regulate fencing around private outdoor swimming pools within the Township of Oro-
Medonte.
NOW THEREFORE, the Council of the Corporation of the Township of Oro-Medonte
enacts as follows:
1 . DEFINITIONS
a) "Swimming Pool" shall mean, an excavation or container designed to hold
water, whether in ground or above ground, the purpose of which is for
swimming, diving or any recreational water activity, excepting that this
does not apply to any container which is placed on ground at grade level
and has no depth exceeding one metre and no dimension exceeding three
metres.
b) "Privately Owned Outdoor Swimming Pool" shall mean, any swimming
pool, constructed, assembled or erected on private property, which is not
contained wholly within a building and is not used for gain or profit.
2. PROHIBITIONS
No person shall;
a) construct or cause to be constructed a privately owned outdoor swimming
pool without obtaining a swimming pool fence permit from the Municipality.
b) place or allow to be placed, water or allow water to remain in a privately
owned outdoor swimming pool unless the fences and gates prescribed in
this by-law have been erected and maintained in conformance with
provisions of this by-law.
c) allow the fences and gates, as prescribed in this by-law, to be removed,
destroyed or become in a state where they do not perform their intended
use.
3. PERMITS
Applications for permits required in Section 2 of this By-law shall be made on the
prescribed form and be accompanied by the following;
a) A detailed site plan of the property showing the location of all buildings
and the proposed swimming pool and fence, drawn to scale.
b) Approval in writing from the Simcoe Muskoka District Health Unit, where
applicable.
c) A fee as authorized by the Township of Oro-Medonte Fees and Charges
By-law.
4. REGULATIONS FOR FENCES AND GATES
The fences and gates referred to in Section 2 of this By-law shall be constructed
as follows;
a)
The fence shall be a minimum of 1.2 m (4 feet) in height measured from
anywhere at the grade of the bottom of the fence vertically to the top.
There shall be no opening in the fence greater than 100mm (4").
b)
c)
The fence shall be constructed of such material and in such a manner as
to not facilitate climbing of the fence.
d)
Where the swimming pool is constructed wholly or partly above grade, that
portion of the construction above grade may be used in the calculation
required for height in Subsection 4 (a) above provided that the remaining
requirement is met in a safe manner for pool uses.
e)
The fence shall completely encompass the swimming pool excepting that
the wall or walls of a building may be substituted for a portion thereof
provided the fence is affixed to the building.
f)
All fences required in this by-law, excepting fences as described in
Section 4 (d) of this by-law shall be constructed in such a manner that no
portion of the fence is closer than 1.5m (5 feet) to the edge of the
swimming pool.
g)
Any opening in the fence, provided for passage through the fence shall be
protected by a gate.
h)
Gates shall be constructed in a like manner as the fence required in
Section 4(a), (b) and (c) of this by-law.
i)
Gates shall be provided with a lock or locks which require a key or special
knowledge to open and be self-closing and equipped with a self-latching
device which shall be located on the pool side of the fence at the top of
the gate.
j)
Gates shall be kept closed and locked at all times excepting when the
fenced in area is in use by the owner, lessee or tenant of the land, or other
authorized responsible person.
5. OFFENCES
Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine or penalty as provided for in the Provincial
Offenses Act, R.S.O. 1990, c.P.33.
6. SEVERABILITY
If any court of competent jurisdiction finds any of the provisions of the By-Law are
ultra vires of the jurisdiction of the Township, or are invalid for any other reason,
such provisions shall be deemed to be severed and shall not invalidate any other
provision of the By-Law which shall remain in full force and effect.
7. REPEAL
That By-law No. 94-111 is hereby repealed in its entirety.
8. That this by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF DECEMBER, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 7TH DAY OF
DECEMBER, 2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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M;iL, J. Neil Craig