Reg 160411 Council=
ATTENDANCE Mayor Stephen Molnar
Deputy Mayor Dave Beres Councillor Maxwell Adam Councillor Penny Esseltine
Councillor Jim Hayes
Councillor Chris Rosehart Councillor Brian Stephenson
Staff: David Calder, CAO
Donna Wilson, Town Clerk Darrell Eddington, Director of Finance
Kevin De Leebeeck, Director of Operations
Rick Cox, Director of Recreation, Culture & Park Services Tricia Smith, Deputy Clerk
1.Call to Order
The meeting was called to order at 6:00 p.m.
2.Adoption of Agenda
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
Proposed Resolution #1
THAT the Agenda as prepared for the Council meeting of Monday, April 11, 2016, be
adopted.
Carried
3.Moment of Silence
4.Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest declared.
The Corporation of the Town of Tillsonburg
COUNCIL MEETING
Monday, April 11, 2016
6:00 PM
Council Chambers
200 Broadway, 2nd Floor
Minutes
Council Meeting Minutes, April 11, 2016 - 2 -
5. Adoption of Council Minutes of Previous Meeting
5.1. Minutes of the Meeting of March 29, 2016
Minutes, March 29, 2016
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
Proposed Resolution #2
THAT the Minutes of the Council Meeting of March 29, 2016, be approved.
Carried
6. Delegations and Presentations
6.1. Family Day Update
Presented By: Brent Shepherd
Delegation Request
Event Report
Presentation
Brent Shepherd appeared before council to provide an update on the Family Day event.
Family Day organizers are seeking volunteers for next year’s event.
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
Proposed Resolution #3
THAT Council receives the presentation regarding Family Day, as information.
Carried
6.2. 15th Annual Relay for Life in Tillsonburg
Presented By: Jami Stephenson, Committee Chair & Alexsonoka Hebben
Delegation Request
Presentation
Jami Stephenson and Aleksandra Webber appeared before Council to provide
information about the 15th Annual Relay for Life event in Tillsonburg.
Registration packages and luminary are available at the Tillsonburg RBC branch.
The event will have a new venue this year and organizers are seeking volunteers.
Council Meeting Minutes, April 11, 2016 - 3 -
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
Proposed Resolution #4
THAT Council receives the presentation regarding the 15th Annual Relay for Life in
Tillsonburg, as information.
Carried
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
Proposed Resolution #5
THAT Council move into the Committee of Adjustment to hear an application for Minor
Variance at 6:25 p.m.
Carried
7. Public Meetings
7.1. Application for Minor Variance- A-02/16 - Mike Klyn, 4 Victoria Way
A-02/16 Report
Report Attachments
Application
Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and
presented Report 2016-87.
Opportunity was given for comments and questions.
The applicant, Mike Klyn appeared before council in support of the application.
No member of the public appeared in support, or opposition to the application.
Council passed the following resolution:
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
Proposed Resolution #6
THAT the Town of Tillsonburg Committee of Adjustment approves Application File A-
2/16, submitted by Mike Klyn, for lands described as Lot 30, Plan 41M-241, Town of
Tillsonburg, as it relates to Relief from Section 6.2, to increase to the maximum
permitted lot coverage of an ‘R1A’ zoned lot from 35% to 38% of the lot area, to facilitate
the construction of a single-detached dwelling;
Council Meeting Minutes, April 11, 2016 - 4 -
AND THAT Approval is conditional upon the issuance of a building permit for the single-
detached dwelling within one year of the date of the Committee's decision.
Carried
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
Proposed Resolution #7
THAT Council move out of the Committee of Adjustment and move back into regular
session at 6:32 p.m.
Carried
8. Information Items
8.1. Oxford County Federation of Agriculture Property Assessment Information
Agriculture Property Assessment Information
8.2. Call for Nominations - Lincoln Alexander Award
Lincoln Alexander Award
8.3. World Elder Abuse Awareness Day
World Elder Abuse Awareness Day
8.4. Seniors Month in Ontario - Senior of the Year Award
SM16 Letter Municipality EN
Nominations for the Senior of the Year Award shall be received by the Clerk’s Office
and information will be posted in the local newspaper.
The Special Awards Committee will make a recommendation to Council at the April 25,
2016 meeting for the award.
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
Proposed Resolution #8
THAT Council receives items 8.1 to 8.4, as information.
Carried
9. Reports from Departments
9.1. Clerk’s Office
9.1.1. CL 16-03 Fortification By-Law
CL 16-03 Fortification By-Law
Council Meeting Minutes, April 11, 2016 - 5 -
Draft Fortification By-Law - Feb 2016
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
Proposed Resolution #9
THAT Council receives report CL 16-03 Fortification By-Law;
AND THAT a By-Law be brought forward for Council consideration.
Carried
9.2. Development and Communication Services
9.2.1. DCS 16-15 Fence and Pool Enclosure By-Laws
DCS 16-15 Fence and Pool Enclosure By-Laws
Current Fence By-Law 3058
Proposed Fence By-Law 4007
Proposed Pool Enclosure By-Law 4008
Proposed Pool Enclosure By-Law Fines
Staff were directed to circulate notice of the new Fence By-Law to local
developers.
Councillor Rosehart left the meeting at 6:48 p.m.
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
Proposed Resolution #10
THAT Council receives Report DCS 16-15, Fence and Pool Enclosure By-Laws;
AND THAT Fence By-Law 4007, To regulate fences in the Town of Tillsonburg
and Pool Enclosure By-Law 4008, To regulate pool enclosures in the Town of
Tillsonburg, be brought forward for Council consideration.
Carried
9.3. Finance
9.3.1. FIN 16-17 Funding of the Remaining Liability for Vacation Pay
FIN 16-17 Funding of the Remaiing Liability for Vacation Pay
FIN 15-14 Liability for Vacation Pay
Council Meeting Minutes, April 11, 2016 - 6 -
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
Proposed Resolution #11
THAT Council receives report FIN 16-17 Funding of the Remaining Liability for
Vacation Pay;
AND THAT the Vacation Pay Liability be funded from the 2015 surplus in the
amount of $135,000;
AND THAT $134,797 from the 2015 surplus, be contributed to specific reserves
for funding of the remaining portion of the Vacation Pay Liability in 2016.
Carried
10. Staff Information Reports
10.1. RCP 16-09 – Jan-Mar 2016 RCP Departmental Activity Reports
RCP 16-09 - Jan-Mar 2016 RCP Departmental Activity Reports
Jan-Mar 2016 Activity - Recreation Programs & Services
Jan-Mar 2016 Activity - Culture and Heritage
Jan-Mar 2016 Activity - Parks and Facilities
Staff to provide a report to council with recommendations from the Recreation,
Culture & Parks Advisory Committee in regards to advertising on ball diamond
fencing.
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
Proposed Resolution #12
THAT Council receives Report RCP 16-09, Jan-Mar 2016 RCP Departmental
Activity Reports for information.
Carried
11. Notice of Motions
Council Meeting Minutes, April 11, 2016 - 7 -
12. By-Laws
By-Laws from the Meeting of Monday, April 11, 2016
Moved By: Councillor Hayes Seconded By: Councillor Adam
Proposed Resolution #13
12.1. THAT By-Law 4006, To Prohibit and Regulate the Fortification and Protective
Elements to Land within the Town of Tillsonburg;
AND THAT By-Law 4007, To regulate fences in the Town of Tillsonburg;
AND THAT By-Law 4008, To regulate swimming pool enclosures in the Town of
Tillsonburg, be read for a first and second time and this constitutes the first and
second reading thereof.
Carried
Moved By: Councillor Hayes Seconded By: Councillor Esseltine
Proposed Resolution #14
12.2. THAT By-Law 4009, To confirm the proceedings of Council at its meeting held on
the 11th day of April, 2016, be read for a first, second and third and final reading
and that the Mayor and the Clerk, be and are hereby authorized to sign the
same, and place the corporate seal thereunto.
Carried
13. Items of Public Interest
The Community Strategic Plan Open House will be held on Monday, April 18, 2016 from
4 p.m. to 7 p.m. in the Marwood Lounge at the Community Centre.
The official launch of the new Town Branding will take place at 5:30 p.m. during the Open
House event.
14. Adjournment
Moved By: Councillor Hayes Seconded By: Deputy Mayor Beres
Proposed Resolution #15
THAT the Council Meeting of Monday, April 11, 2016 be adjourned at 7:36 p.m.
Carried
Table of Contents
Agenda 3
Minutes, March 29, 2016
Minutes, March 29, 2016 8
Family Day Update
Delegation Request 19
Event Report 21
Presentation 24
15th Annual Relay for Life in Tillsonburg
Delegation request - Relay for Life 32
Presentation 35
Application for Minor Variance- A-02/16 - Mike Klyn, 4 Victoria
Way
A-02/16 Report 45
Report Attachments 49
Application 52
Oxford County Federation of Agriculture Property Assessment
Information
Agriculture Property Assessment Information 55
Call for Nominations - Lincoln Alexander Award
Lincoln Alexander Award 56
World Elder Abuse Awareness Day
World Elder Abuse Awareness Day 58
Seniors Month in Ontario - Senior of the Year Award
SM16 Letter Municipality EN 59
CL 16-03 Fortification By-Law
CL 16-03 Fortification By-Law 60
(Clean) Draft Fortification By-Law - Feb 2016 62
DCS 16-15 Fence and Pool Enclosure By-Laws
DCS 16-15 Fence and Pool Enclosure By-Laws 78
Current Fence By-Law 3058 85
Proposed Fence By-Law 4007 94
Proposed Pool Enclosure By-Law 4008 107
Proposed Pool Enclosure By-Law Fines 121
FIN 16-17 Funding of the Remaining Liability for Vacation Pay
FIN 16-17 Funding of the Remaiing Liability for Vacation
Pay 122
FIN 15-14 Liability for Vacation Pay 123
RCP 16-09 – Jan-Mar 2016 RCP Departmental Activity Reports
RCP 16-09 - Jan-Mar 2016 RCP Departmental Activity
Reports 126
Jan-Mar 2016 Activity - Recreation Programs &
Services 127
Jan-Mar 2016 Activity - Culture and Heritage 130
Jan-Mar 2016 Activity - Parks and Facilities 132
1
By-Law 4006, To Prohibit and Regulate the Fortification and
Protective Elements to Land within the Town of Tillsonburg.
(Clean) Draft Fortification By-Law - Feb 2016 134
By-Law 4007, To regulate fences in the Town of Tillsonburg
By-Law 4007 150
By-Law 4008, To regulate swimming pool enclosures in the
Town of Tillsonburg
By-Law 4008 160
By-Law 4009, To confirm the proceedings of Council
By-Law 4009 171
2
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1.Call to Order
2.Adoption of Agenda
Moved By:Seconded By:
Proposed Resolution #1
THAT the Agenda as prepared for the Council meeting of Monday, April 11, 2016, be
adopted.
3.Moment of Silence
4.Disclosures of Pecuniary Interest and the General Nature Thereof
5.Adoption of Council Minutes of Previous Meeting
5.1. Minutes of the Meeting of March 29, 2016
Minutes, March 29, 2016
Moved By: Seconded By:
Proposed Resolution #2
THAT the Minutes of the Council Meeting of March 29, 2016, be approved.
6.Delegations and Presentations
6.1. Family Day Update
Presented By: Brent Shepherd
Delegation Request
Event Report
Presentation
The Corporation of the Town of Tillsonburg
COUNCIL MEETING
Monday, April 11, 2016
6:00 PM
Council Chambers
200 Broadway, 2nd Floor
AGENDA (Amended)
3
Council Meeting – Agenda - 2 -
Moved By: Seconded By:
Proposed Resolution #3
THAT Council receives the presentation regarding Family Day, as information.
6.2. 15th Annual Relay for Life in Tillsonburg
Presented By: Jami Stephenson, Committee Chair & Candace Hemsley, Food
Committee Lead
Delegation Request
Presentation
Moved By: Seconded By:
Proposed Resolution #4
THAT Council receives the presentation regarding the 15th Annual Relay for Life in
Tillsonburg, as information.
Moved By: Seconded By:
Proposed Resolution #5
THAT Council move into the Committee of Adjustment to hear an application for Minor
Variance at _______ p.m.
7. Public Meetings
7.1. Application for Minor Variance- A-02/16 - Mike Klyn, 4 Victoria Way
A-02/16 Report
Report Attachments
Application
Moved By: Seconded By:
Proposed Resolution #6
THAT the Town of Tillsonburg Committee of Adjustment approve Application File A-2/16,
submitted by Mike Klyn, for lands described as Lot 30, Plan 41M-241, Town of
Tillsonburg, as it relates to Relief from Section 6.2, Table 6.2 – Zone Provisions, to
increase to maximum permitted lot coverage of an ‘R1A’ zoned lot from 35% to 38% of
the lot area, to facilitate the construction of a single-detached dwelling;
4
Council Meeting – Agenda - 3 -
AND THAT Approval is conditional upon the issuance of a building permit for the single-
detached dwelling within one year of the date of the Committee’s decision.
Moved By: Seconded By:
Proposed Resolution #7
THAT Council move out of the Committee of Adjustment and move back into regular
session at _____ p.m.
8. Information Items
8.1. Oxford County Federation of Agriculture Property Assessment Information
Agriculture Property Assessment Information
8.2. Call for Nominations - Lincoln Alexander Award
Lincoln Alexander Award
8.3. World Elder Abuse Awareness Day
World Elder Abuse Awareness Day
8.4. Seniors Month in Ontario - Senior of the Year Award
SM16 Letter Municipality EN
Moved By: Seconded By:
Proposed Resolution #8
THAT Council receives items 8.1 to 8.4, as information.
9. Reports from Departments
9.1. Clerk’s Office
9.1.1. CL 16-03 Fortification By-Law
CL 16-03 Fortification By-Law
Draft Fortification By-Law - Feb 2016
Moved By: Seconded By:
Proposed Resolution #9
THAT Council receives report CL 16-03 Fortification By-Law;
AND THAT a By-Law be brought forward for Council consideration.
5
Council Meeting – Agenda - 4 -
9.2. Development and Communication Services
9.2.1. DCS 16-15 Fence and Pool Enclosure By-Laws
DCS 16-15 Fence and Pool Enclosure By-Laws
Current Fence By-Law 3058
Proposed Fence By-Law 4007
Proposed Pool Enclosure By-Law 4008
Proposed Pool Enclosure By-Law Fines
Moved By: Seconded By:
Proposed Resolution #10
THAT Council receives Report DCS 16-15, Fence and Pool Enclosure By-Laws;
AND THAT Fence By-Law 4007, To regulate fences in the Town of Tillsonburg
and Pool Enclosure By-Law 4008, To regulate pool enclosures in the Town of
Tillsonburg, be brought forward for Council consideration.
9.3. Finance
9.3.1. FIN 16-17 Funding of the Remaining Liability for Vacation Pay
FIN 16-17 Funding of the Remaiing Liability for Vacation Pay
FIN 15-14 Liability for Vacation Pay
Moved By: Seconded By:
Proposed Resolution #11
THAT Council receives report FIN 16-17 Funding of the Remaining Liability for
Vacation Pay;
AND THAT the Vacation Pay Liability be funded from the 2015 surplus in the
amount of $135,000;
AND THAT $134,797 be contributed to specific reserves for funding of the
remaining portion of the Vacation Pay Liability in 2016.
10. Staff Information Reports
10.1. RCP 16-09 – Jan-Mar 2016 RCP Departmental Activity Reports
RCP 16-09 - Jan-Mar 2016 RCP Departmental Activity Reports
Jan-Mar 2016 Activity - Recreation Programs & Services
Jan-Mar 2016 Activity - Culture and Heritage
6
Council Meeting – Agenda - 5 -
Jan-Mar 2016 Activity - Parks and Facilities
Moved By: Seconded By:
Proposed Resolution #12
THAT Council receives Report RCP 16-09, Jan-Mar 2016 RCP Departmental
Activity Reports, for information.
11. Notice of Motions
12. By-Laws
By-Laws from the Meeting of Monday, April 11, 2016
Moved By: Seconded By:
Proposed Resolution #13
12.1. THAT By-Law 4006, To Prohibit and Regulate the Fortification and Protective
Elements to Land within the Town of Tillsonburg;
AND THAT By-Law 4007, To regulate fences in the Town of Tillsonburg;
AND THAT By-Law 4008, To regulate swimming pool enclosures in the Town of
Tillsonburg, be read for a first and second time and this constitutes the first and
second reading thereof.
Moved By: Seconded By:
Proposed Resolution #14
12.2. THAT By-Law 4009, To confirm the proceedings of Council at its meeting held on
the 11th day of April, 2016, be read for a first, second and third and final reading
and that the Mayor and the Clerk, be and are hereby authorized to sign the
same, and place the corporate seal thereunto.
13. Items of Public Interest
14. Adjournment
Moved By: Seconded By:
Proposed Resolution #15
THAT the Council Meeting of Monday, April 11, 2016 be adjourned at _____ p.m.
7
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ATTENDANCE Mayor Stephen Molnar
Deputy Mayor Dave Beres
Councillor Maxwell Adam Councillor Penny Esseltine
Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson
Staff: David Calder, CAO
Donna Wilson, Town Clerk Darrell Eddington, Director of Finance
Kevin De Leebeeck, Director of Operations
Rick Cox, Director of Recreation, Culture & Park Services Tricia Smith, Deputy Clerk
1.Call to Order
The meeting was called to order at 6:00 p.m.
2.Closed Session
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
Resolution #1
THAT Council move into Closed Session to consider:
1.Matters relating to litigation or potential litigation, including matters before administrative
tribunals, affecting the Town (Brock Street); (IT);
2.Personal matters about an identifiable individual, including municipal or local board
employees (Resource Plan);
3.A proposed or pending acquisition or disposition of land by the municipality or local
board (TVDSB).
Carried
The Corporation of the Town of Tillsonburg
COUNCIL MEETING
Tuesday, March 29, 2016
6:00 PM
Council Chambers
200 Broadway, 2nd Floor
MINUTES
8
Council Meeting Minutes, March 29, 2016 - 2 -
3. Adoption of Agenda
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
Resolution #2
THAT the Agenda as prepared for the Council meeting of Tuesday, March 29, 2016, be
adopted.
Carried
4. Moment of Silence
5. Disclosures of Pecuniary Interest and the General Nature Thereof
Councillor Adam previously declared a pecuniary interest relating to item 7.3 on the
Agenda - Community Transportation Pilot Project due to employment with Stonebridge
Tillsonburg.
Councillor Adam has since left the organization and no longer has a pecuniary interest in
this matter.
There were no other disclosures of pecuniary interest declared.
6. Adoption of Council Minutes of Previous Meeting
6.1. Minutes of the Meeting of March 14, 2016
Minutes, March 14, 2016
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
Resolution #3
THAT the Minutes of the Council Meeting of March 14, 2016, be approved.
Carried
7. Delegations and Presentations
7.1. Volunteer Achievement Award Presentation
Presented To: Peter Beechey
Julie Dawley
7.2. Canadian Cancer Society - Ride & Stride
Delegation By: Lindsay Morgan-Jacko
9
Council Meeting Minutes, March 29, 2016 - 3 -
Delegation Request
The Tillsonburg Canadian Cancer Society 47th Annual Ride ‘n’ Stride event will be held
on April 24, 2016 from 1 p.m. to 3 p.m., starting at the Community Centre on Hardy
Avenue.
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
Resolution #4
THAT Council receives the delegation regarding the Canadian Cancer Society 47th
Annual Ride 'n' Stride event, as information.
Carried
7.3. Transportation Pilot Program Update
Presented By: John Preston
Presentation
Appendix 2
Appendix 3
Appendix 4
Appendix 5
Appendix 6
The official launch of the T:GO Call-n-Ride Program will be held on Monday, April 4,
2016 at the Livingston Centre between 10 a.m. to 11 a.m.
The Transportation Pilot Steering Committee will review options for the T:GO bus when
the pilot program ends in March, 2017.
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
Resolution #5
THAT Council receives the Transportation Pilot Project Update presentation, as
information.
Carried
10
Council Meeting Minutes, March 29, 2016 - 4 -
8.Public Meetings
8.1. Applications for Official Plan Amendment and Zone Change - OP 16-01-7 & ZN 7-16-
01- Tilldent Holdings, 584 Broadway
CASPO Report 2016-52
Report Mapping
Applicant's Justification
Official Plan Amendment Application Form
Zone Change Application Form
Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and
presented Report CASPO 2016-52 for the applications for Official Plan Amendment and
Zone Change.
Opportunity was given for comments and questions.
The Planner indicated that conditions could not be applied to either type of application.
The Council of the County of Oxford will be holding a Public Meeting to consider the
proposed Official Plan amendment on Wednesday, April 13, 2016 at 9:40 a.m. at the
Oxford County Administration Building.
Lisa Gilvesy, Agent for the applicants spoke in favour of the applications.
Ms. Gilvesy indicated that the applicants are seeking a new location to expand their
practice and provide adequate parking.
A Site Plan Application has been submitted.
Dan Shinkelshock, Architect for the applicants also spoke to the applications.
The applicants Dr. Peter Jarycki and Dr. Matthew Jones appeared in support of the
applications.
No member of the public appeared in favour or opposition to the applications.
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
Resolution #6
THAT the Council of the Town of Tillsonburg support the application to amend the
Oxford County Official Plan (File No. OP 16-01-7), as submitted by Tilldent Holdings
Inc., for lands located at 584 Broadway, in the Town of Tillsonburg to establish a special
11
Council Meeting Minutes, March 29, 2016 - 5 -
development policy to permit a medical centre as an additional permitted use on the
Service Commercial designated lands;
AND THAT the Council of the Town of Tillsonburg approve-in-principle the zone change
application submitted by Tilldent Holdings Inc., whereby the lands described as Lot 7,
Plan 1033, Town of Tillsonburg, known municipally as 584 Broadway are to be rezoned
from Service Commercial Zone (SC) to Special Service commercial Zone (SC-sp).
Carried
9.Information Items
9.1. Correspondence, Ministry of Community Safety & Correctional Services
Correspondence
The Fire Chief to provide a Memo to Council on the background information on this
item.
9.2. Correspondence, Town of Ingersoll
Correspondence, Town of Ingersoll
9.3. Correspondence, Big Brothers Big Sisters - 2016 Municipal Grant Correspondence
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
Resolution #7
THAT Council receives items 9.1 to 9.3, as information.
Carried
9.4. MEMORANDUM - OPAL Request for Resolution
MEMO - OPAL - Request for Resolution
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
Resolution #8
WHEREAS the Town of Tillsonburg supports Oxford County’s Sustainability Plan
including the Zero Waste objective by 2025;
AND WHEREAS Tillsonburg stands united with Oxford County in declaring the county
and its municipalities unwilling hosts to garbage from areas beyond their municipal
boundaries;
12
Council Meeting Minutes, March 29, 2016 - 6 -
AND WHEREAS all local governments need to take responsibility for waste created
within their borders while avoid the exportation of waste to other municipalities;
AND WHEREAS any and all regulations, practices and best available technologies shall
be used to reduce the generation of waste and ultimately to ensure the elimination of the
movement of waste across municipal borders and its resulting impact on the health of
area residents and the environment;
THEREFORE be it resolved That the Town of Tillsonburg endorses the material as
presented by the Oxford People Against Landfill (OPAL) delegation on March 14, 2016;
THAT the Town strongly encourages the Province and other private and public sector
partners to ensure waste generation is minimized and stays within the municipal area
where it is generated, and finally;
AND THAT a copy of this Resolution be forwarded to Premier Kathleen Wynne, Minister
Glen Murray (MOECC), MPP Ernie Hardeman, Southwestern Ontario municipalities, the
County of Oxford, and OPAL.
Carried
10. Mayor
10.1. MYR 16-04, Mayor's Report
MYR 16-04
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
Resolution #9
THAT Council receives Report MYR 16-04, for information.
Carried
11.Reports from Departments
11.1. Clerk’s Office
11.1.1. CL 16-07, Committee Appointments
CL 16-07
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
Resolution #10
THAT Council receives Report CL 16-07, Committee Appointments;
13
Council Meeting Minutes, March 29, 2016 - 7 -
AND THAT Maurice Verhoeve be appointed to the Heritage, Beautification &
Cemetery Advisory Committee;
AND THAT Matt Scholtz be appointed to the Tillsonburg Special Awards
Committee;
AND THAT Robert Doerr, Margaret McCrimmon and Peter Staley, be appointed
to the Accessibility Advisory Committee;
AND THAT Brent Hosler, Susie Wray and Craig Cole, be appointed to the Parks
& Recreation Advisory Committee;
AND THAT By-Law 4004, to amend Schedule A of By-Law 3876, be brought
forward for Council consideration.
Carried
11.2. Development and Communication Services
11.2.1. DCS 16-10, Branding Implementation
Report DCS 16-10 Branding Implementation
Appendix A - Inventory
Brand Manual
The official launch of the new Town branding will take place at the upcoming
Community Strategic Plan Open House.
A selection of merchandise featuring the new logo will be available for sale at the
Community Complex.
Staff to provide a report on the Terms of Reference for the Cross-Functional
Committee to Council.
Staff to provide a policy to Council on the use of the Town logo.
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
Resolution #11
THAT Council receives Report DCS 16-10 Branding Implementation;
AND THAT the Brand Manual as attached to this report, be approved as
amended;
AND THAT staff be directed to implement the new Town branding as detailed in
this report including the identification of the CAO as Brand Ambassador;
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Council Meeting Minutes, March 29, 2016 - 8 -
AND THAT a cross functional committee to lead the integration of the identified
brand values throughout the corporation be established;
AND THAT any additional funding required for implementation, be brought
forward for consideration as part of the 2017 budget process.
Carried
11.2.2. DCS 16-14, Surplus Lands – 1 Parkside Drive
Report DCS 16-14 Surplus Lands 1 Parkside Drive
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
Resolution #12
THAT Council receives Report DCS 16-14 Surplus Lands – 1 Parkside Drive;
AND THAT the property described as Lot 715L, Plan 500, be declared surplus to
the needs of the Town of Tillsonburg and be sold in accordance with Bylaw 3549
–Sale of Real Property Policy, including suitable advertising.
Carried
11.3. Finance
11.3.1. FIN 16-13, 2015 Remuneration and Expenses
FIN 16-13 2015 Remuneration and Expenses
2015 Council Board remuneration
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
Resolution #13
THAT Council receives Report FIN 16-13 2015 Remuneration and Expenses, for
information.
Carried
11.3.2. FIN 16-16, Town Owned Property Reporting
FIN 16-16 Town Owned Property Reporting
2016 - Facilities summary
15
Council Meeting Minutes, March 29, 2016 - 9 -
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
Resolution #14
THAT Council receives Report FIN 16-16 Town Owned Property Reporting, as
information.
Carried
11.3.3. FIN 16-15, Banking Services Agreement
FIN 16-15 Banking Services Agreement
By-Law 4003 Banking Services
Schedule A to By Law 4003
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
Resolution #15
THAT Council receives Report FIN 16-15 Banking Services Agreement;
AND THAT By-Law 4003, be brought forward for Council consideration.
Carried
12. Staff Information Reports
12.1. RCP 16-08, Tree By-law Revisions Update
RCP 16-08 - Tree By-law Revisions
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
Resolution #16
THAT Council receives Report RCP 16-08 Tree By-law Revisions Update, for
information.
Carried
13. Committee Minutes & Reports
13.1. Minutes, Development Committee
Minutes, February 9, 2016
13.2. Minutes, Heritage, Beautification & Cemetery Advisory Committee
Minutes, February 4, 2016
16
Council Meeting Minutes, March 29, 2016 - 10 -
13.3. Minutes Parks & Recreation Advisory Committee
PRS Min Feb 1 15
13.4. Minutes, Special Awards Committee
Minutes, February 10, 2016
13.5. Minutes, Town Hall Steering Committee
Minutes, January 7, 2016
Minutes, February 9, 2016
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
Resolution #17
THAT Council receives the Minutes of the Development Committee for February
9, 2016, the Heritage, Beautification & Cemetery Advisory Committee for
February 04, 2016, the Parks & Recreation Advisory Committee for February 01,
2016, the Special Awards Committee for February 10, 2016, and the Town Hall
Steering Committee for January 7, 2016 and February 9, 2016, as information.
Carried
Council directed staff to include the approved Minutes from the Physician
Recruitment Committee on the Council Agenda.
13.6. Minutes, LPRCA
Minutes, February 3, 2016
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
Resolution #18
THAT Council receives the LPRCA Minutes of February 3, 2016, as information.
Carried
14.Notice of Motions
15.By-Laws
By-Laws from the Meeting of Tuesday, March 29, 2016
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Council Meeting Minutes, March 29, 2016 - 11 -
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
Resolution #19
15.1. THAT By-Law 4001, To regulate the planting, maintenance, protection,
preservation and removal of trees on municipal lands within the Town of
Tillsonburg;
AND THAT By-Law 4003, To authorize an agreement between The
Corporation of the Town of Tillsonburg and the Toronto-Dominion Bank for
provision of banking services;
AND THAT By-Law 4004, To amend Schedule A of By-Law 3876 To Define the
Mandate, Membership, and Meeting Procedures for Committees Established by
The Corporation of the Town of Tillsonburg, be read for a first, second and third
and final reading and that the Mayor and the Clerk, be and are hereby authorized
to sign the same, and place the corporate seal thereunto.
Carried
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
Resolution #20
15.2. THAT By-Law 4005, To confirm the proceedings of Council at its meeting held
on the 29th day of March, 2016, be read for a first, second and third and final
reading and that the Mayor and the Clerk, be and are hereby authorized to sign
the same, and place the corporate seal thereunto.
Carried
16.Items of Public Interest
Council directed staff to circulate notice to the public regarding the revised Tree By-Law.
17. Adjournment
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT the Council Meeting of Tuesday, March 29, 2016 be adjourned at 8:38 p.m.
Carried
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www.tillsonburgfamilyday.ca
Photo Credits:
Tillsonburg News
Norfolk News
Snap’d Woodstock
2016
Event
Report
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Event Report
Tillsonburg & Area
The 2016 Family Day Lead Team, would like to thank you for your partnership again this year.
Your support through contributions of time, product and finances helped to make this year’s
event a great success. Thanks to you, we met our goals of providing local, affordable and fun
activities for families in our community.
& Fun!AffordableLocal,
“What a great Family Day
in Tillsonburg. Thank you
to the Town, the
organizers, the sponsors,
and the volunteers that
hosted an amazing family
event at the Community
Centre today. Grateful to
be living in this
community!!”
-Facebook Comment
Over 2000 people participated in this year’s Family Day event, filling Tillsonburg’s Community Centre
was lots of smiles and laughter. The day was packed with activities and affordable meals for the
entire family. At this year’s event, we not only saw an increase in attendance, we also increased our
social media and online presence; helping attract families from all over Oxford County.
As always, we wouldn’t have
had such a great day if it
wasn’t for our team of
sponsors and volunteers.
Our sponsors and
volunteers show their
support in giving product,
finances and their time to
make sure families have the
best day possible.
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Tillsonburg & Area
Financial Report
If you should have any questions about this 2016 financial report, please do not hesitate to
contact one of the Lead Team at www.tillsonburgfamilyday.ca
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Relay For Life in Tillsonburg
Celebrating
15 Years of
35
Relay For Life in Tillsonburg
36
Relay For Life in Tillsonburg
Since 2002, Relay For Life in Tillsonburg has raised
an amazing $2,494,774!!!
In 14 years, the businesses, organizations and
people of Tillsonburg and surrounding area have
raised nearly $2.5 million.
37
Relay For Life in Tillsonburg
This year - we
surpass the
$2.5 million
mark…
TOGETHER!!!
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Relay For Life in Tillsonburg
When you Relay:
You support people living with cancer in your community
You support the families with a loved one living with cancer in
your community
You provide transportation to & from cancer related appointments
for people in your community
You raise vital funds needed to continue our fight against cancer,
supporting the most promising research & creating a world where
no Canadian fears cancer 39
Relay For Life in Tillsonburg
Who Will Relay?
40
Relay For Life in Tillsonburg
41
Relay For Life in Tillsonburg
42
Relay For Life in Tillsonburg
YOU!!!
43
Relay For Life in Tillsonburg
15th Annual
Relay For Life
in Tillsonburg
Friday June 3, 2016
6:00 pm to 12:00 am
Annandale Public School
www.relayforlife.ca/tillsonburg
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Community and Strategic Planning
P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3
Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.oxfordcounty.ca
Our File: A-02/16
APPLICATION FOR MINOR VARIANCE
TO: Town of Tillsonburg Committee of Adjustment MEETING: April 11, 2016
REPORT NUMBER: 2016-87
OWNERS: Mike and Catherine Klyn
15 South Court Street East, Norwich ON, N0J 1P0
REQUESTED VARIANCE:
Relief from Section 6.2, Table 6.2 – Zone Provisions, to increase to maximum permitted lot coverage of an ‘R1A’ zoned lot from 35% to 38% of the lot area, to facilitate the construction of a single-detached dwelling.
LOCATION:
The subject property is described as Lot 30, Plan 41M-241, in the Town of Tillsonburg. The
property is located on the east side of Victoria Way, south of Sanders Crescent, and is
municipally known as 4 Victoria Way.
BACKGROUND INFORMATION:
COUNTY OF OXFORD OFFICIAL PLAN:
Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential
Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential
TOWN OF TILLSONBURG ZONING BY-LAW: Low Density Residential Type 1 Zone (R1A) SURROUNDING USES: Low density residential uses, consisting of single-detached
dwellings, street fronting townhouses and vacant residential lots
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File Number: A-2/16 Report Number 2016-87 Page 2
COMMENTS:
(a) Purpose of the Application:
The applicants are requesting relief from the above noted section of the Town Zoning By-law to
facilitate the construction of a one-storey single-detached dwelling with an attached garage. Due to the design of the proposed dwelling additional lot coverage is required.
The subject property comprises approximately 565.2 m2 (6,084 ft2) and is currently vacant. Surrounding uses include single-detached dwellings, street-fronting townhouses and vacant residential lots.
Plate 1, Existing Zoning & Location Map, shows the location of the subject property and the
zoning in the immediate vicinity.
Plate 2, Aerial Map (2015), shows the location of the subject lands and surrounding properties.
Plate 3, Applicants Sketch, shows the dimensions and setbacks of the proposed dwelling.
(b) Agency Comments:
The application was circulated to a number of public agencies. The following comments were
received. The Town Engineering Services Department indicated that a preliminary lot grading plan will be
required.
The Town Building Services Department and Town Hydro Services Department had no
concerns with the proposal. Public Notice was mailed to surrounding property owners on March 24, 2016. As of the writing
of this report, no comments or concerns had been received from the public.
(c) Intent and Purpose of the Official Plan:
The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within
the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density
housing forms including single-detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single-detached dwelling conforms to
the ‘Low Density Residential’ policies of the Official Plan. (d) Intent and Purpose of the Zoning By-law:
The subject property is zoned ‘Low Density Residential Type 1 Zone (R1A)’, which permits a single-detached dwelling. The ‘R1A’ zone also permits a maximum total lot coverage (including
accessory buildings/structures) of 35%. The purpose of the lot coverage provision is to limit the extent of buildings/ structures on a lot to
ensure sufficient area is maintained for parking and private amenity area as well as ensuring the general lot grading for the overall subdivision and the individual lot are not negatively impacted.
46
File Number: A-2/16 Report Number 2016-87 Page 3
The lot coverage provision also ensures that the general scale of development is consistent and appropriate for the size of the lot.
In this case, it is not anticipated that the minor increase in lot coverage will have a negative impact on lot grading or drainage. The Town Engineering Department has indicated that a
preliminary lot grading plan will be required to ensure the proposal will have no negative impacts on neighbouring properties. A lot grading plan will be reviewed as part of the building permit process.
(e) Desirable Development/Use:
It is the opinion of this Office that the applicant’s request to increase the maximum permitted lot coverage from 35% to 38% of the lot area, to facilitate the construction of a single-detached
dwelling, can be considered minor and desirable for the development of the subject property.
As the proposed relief is not anticipated to impact the ability of the property to provide adequate
parking and amenity space, or negatively impact drainage, the requested relief can be
considered minor. Sufficient separation with also be provided from property lines to allow for normal building maintenance and access. The applicants request can also be considered
desirable as it will facilitate the construction of a one-storey single-detached dwelling that is
consistent with the existing development in the area.
In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with the general intent and purpose of the County Official Plan and Town Zoning By-law and should be given favourable consideration.
RECOMMENDATION:
That the Town of Tillsonburg Committee of Adjustment approve Application File A-2/16, submitted by Mike and Catherine Klyn, for lands described as Lot 30, Plan 41M-241, Town of
Tillsonburg, as it relates to:
1. Relief from Section 6.2, Table 6.2 – Zone Provisions, to increase to maximum permitted
lot coverage of an ‘R1A’ zoned lot from 35% to 38% of the lot area, to facilitate the
construction of a single-detached dwelling.
Subject to the following condition:
i. A building permit for the single-detached dwelling shall be issued within one year of
the date of the Committee's decision. As the proposed variance is:
(i) a minor variance from the provisions of the Town of Tillsonburg Zoning By-law No. 3295;
(ii) desirable for the appropriate development or use of the land;
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File Number: A-2/16 Report Number 2016-87 Page 4
(iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law
No. 3295; and
(iv) in-keeping with the general intent and purpose of the Official Plan.
Authored by: original sign by Rebecca Smith, Development Planner
Approved for submission by: original sign by Eric Gilbert, MCIP, RPP, Senior Planner
RS April 4, 2016
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March 28, 2016
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
1020
Notes
NAD_1983_UTM_Zone_17N
51 Meters
Environmental
Protection/Flood Overlay
Flood Fringe
Floodway
Environmental Protection (EP1)
Environmental Protection (EP2)
Zoning
Floodlines/Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Zoning (Displays 1:16000 to
1:500)
49
March 28, 2016
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
510
Notes
NAD_1983_UTM_Zone_17N
26 Meters
Environmental
Protection/Flood Overlay
Flood Fringe
Floodway
Environmental Protection (EP1)
Environmental Protection (EP2)
Zoning
Floodlines/Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Zoning (Displays 1:16000 to
1:500)
50
51
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SPECIAL INFORMATION SESSION FOR OXFORD COUNTY FARMERS
Farmland reassessment across Ontario is changing in 2017. Find out what it means for your
agricultural business’s tax planning.
THURSDAY, APRIL 14, 2016 | 7:00 P.M. - 8:00 P.M.
OMAFRA Southwest Regional Office
401 Lakeview Drive, Woodstock
SPEAKERS
Ryan Parker, AACI, P.App, P.Ag, CAFA, Partner, Valco Real Estate
Appraisers & Consultants
Amanda Macdougall, Regional Manager, Municipal and Stakeholder
Relations, Municipal Property Assessment Corporation
Wayne Williams, Property Valuation Specialist, Municipal Property
Assessment Corporation
Karl Groskopf, Senior Policy Advisor, Farm Finance Branch, Ontario
Ministry of Agriculture, Food and Rural Affairs
Farmland Reassessment: What to expect in 2017
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Minister Ministre délégué Responsible for aux Affaires des Seniors Affairs personnes âgées
6th Floor 6e étage
400 University Avenue 400, avenue University
Toronto ON M7A 2R9 Toronto ON M7A 2R9
Tel.: (416) 314-9710 Tél.: (416) 314-9710
Fax: (416) 325-4787 Téléc.: (416) 325-4787
March, 2016
Dear Mayor or Reeve,
June marks the 32nd anniversary of Seniors’ Month in Ontario. To recognize the important role
seniors play in our communities, we will be celebrating this year under the theme of, “Seniors
Making a Difference.”
It’s a fitting theme, given how our seniors have built our communities and continue to contribute
their time and talents today in many ways.
It’s important we all recognize their achievements, and what better way than by proclaiming June as
Seniors’ Month in your community. I am asking you to make this proclamation and have attached a
sample to make it easier for your municipality to participate. We will be sending you promotional
materials for Seniors’ Month soon.
I would also like to encourage you to work with your MPP(s) to host Seniors’ Month events in your
community. We would be happy to help you promote your event on the Ontario Seniors’ Secretariat
website and on Twitter. Please send your event details to infoseniors@ontario.ca.
Last year we introduced Twitter to our seniors and we were impressed by their enthusiastic response
to our online campaign. We plan to do more in 2016! Follow us @OntSeniors.
Each year, municipalities have the opportunity to pay tribute to one outstanding senior with the
Senior of the Year Award. A certificate, provided by the Ontario government, is signed by Her
Honour the Honourable Elizabeth Dowdeswell, Lieutenant Governor, myself as Minister
Responsible for Seniors Affairs, and the local Head of Council. I encourage you to submit a
nomination before April 30, 2016 and during Seniors’ Month, showcase how your seniors are
making a difference in your community. Throughout the month of June, I hope to visit a number of
municipalities to help celebrate the achievement of local seniors.
For more information on these programs and other supports for seniors, you can visit
www.ontario.ca/seniors.
Thank you for your consideration and your commitment to honour our seniors.
Sincerely,
Mario Sergio, Minister
Enclosed: sample proclamation 59
STAFF REPORT
CLERKS OFFICE
Title: FORTIFICATION BY-LAW
Report No.: CL 16-03
Author: DONNA WILSON
Meeting Type: COUNCIL MEETING
Council/Committee
Date:
APRIL 11, 2016
Attachments: FORTIFICATION BY-LAW
CORRESPONDENCE FROM TILLSONBURG POLICE SERVICE BOARD
RECOMMENDATION
THAT Council receives report CL 16-03 Fortification By-law;
AND THAT the By-Law be brought forward for Council consideration.
PURPOSE
The purpose of this Report is to inform Council of the need for a By-Law to prohibit and regulate fortification and protective elements of land and to obtain Council endorsement to bring forward a Fortification by-law.
BACKGROUND
AT the June 22, 2015 meeting, Council received correspondence from the Police Service
Board requesting the Town develop a by-law to deal with fortification of properties within the
Town of Tillsonburg. The Board stated they believe that it is imperative that Council pass such
a bylaw to deal with fortified properties as once an individual or group of individuals fortify
property with no by-law in place then it is not possible to prevent fortification. The letter is
attached to this report for your review.
The Building Code Act, 1992 and Section 133 of The Municipal Act, 2001 permits the Town to
enact by-laws to deal with fortification and protective elements in respect of land and land use,
including by regulation or prohibition.
It should be noted that access and escape from land, buildings and structures may be required
both by emergency service responders for rescues and protection of property in cases of
emergencies, and by the public, where access and escape may cause personal danger and
property loss during emergencies.
The by-law shall provide for consideration of exemptions under the by-law which shall be considered and approved by the Chief Building Official. The exemptions shall be where the
1
CAO
60
nature of the lawful use of the dwelling necessitates a particular element of excessive fortification or excessive protective elements, but only to the extent necessary having
consideration for the nature of such use upon approval granted by the Chief Building Official.
The by-law shall not apply to Financial Institutions, Detention Centres, Police buildings, or Government Buildings. It shall also not apply to shelters for abused persons, electrified fencing by agricultural operations, bollards or barriers at entrances to recreational trails or public lands,
a single panic room in a residential dwelling, household security devices to provide protection
from theft and the securing of vacant buildings that have sustained fire or structural damage.
CONSULTATION/COMMUNICATION
Staff has consulted with a number of municipalities regarding best practices for fortification By-
Laws. They include Chatham-Kent, Hamilton, Perth County, Clarington, East Zorra Tavistock
and South-West Oxford. The majority of those municipalities modeled their by-law from the Chatham-Kent Fortification By-Law.
The proposed by-law provides for enforcement powers which include powers of entry, ability to
issue orders to discontinue the continuing offence, the ability to carry out work necessary to
rectify infractions and the ability to obtain an inspection warrant. On February 13, 2008 an Ontario court found that the Chatham-Kent Anti-Fortification By-law
was constitutional, and should not be quashed, [Bondy v. Chatham-Kent, No. 3670/06, Rogin
J. (Ont. S.C.J.)]. The court held that Section 133 of the Municipal Act, 2001 empowered the
Municipality to prohibit excessive fortification of land through its power to promote public safety. The courts recognized that the By-law was intended to make the land more accessible to emergency personnel and to suppress crime and improve health and safety which is clearly
within the realm of Provincial power.
The Chief Building Official and By-Law Enforcement were consulted and their comments were incorporated into the draft by-law. Their comments were to remove the visual surveillance equipment enforcement as it is practically impossible to determine the direction and range of
the camera and that they may be confused with home security types of surveillance.
The Town’s lawyer has reviewed and revised the By-law and have no objection to its passage as drafted.
The Tillsonburg OPP detachment was also consulted and they were satisfied with its contents.
FINANCIAL IMPACT/FUNDING SOURCE
N/A
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CAO
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW XXXX
A By-law to Prohibit and Regulate the Fortification and Protective Elements to Land within the Town of Tillsonburg.
WHEREAS the Council (“Council”) of The Corporation of the Town of Tillsonburg (the “Town”)
deems it to be in the interest of public health, safety and well-being to regulate fortification and
protective elements with respect to land, and particularly to ensure that such fortification and
protective elements do not hinder the lawful access to and egress from land, building and
structures by law enforcement officers, emergency services personnel and the public;
AND WHEREAS lawful access to and escape from land, buildings and structures by law
enforcement officers, emergency services personnel and the public may limit danger and
damage to persons and property during emergency situations;
AND WHEREAS the Town is responsible for the enforcement of the Building Code Act, 1992,
S.O. 1992, c. 23, as amended (the “Building Code Act”), pursuant to section 3 of the Building
Code Act;
AND WHEREAS the Town may enact by-laws to deal with fortification and protective elements
in respect of land and land use, including by regulation or prohibition, pursuant to 8 - 11 and 133
of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the “Municipal Act”);
AND WHEREAS the Chief Building Official shall refuse to issue a building permit pursuant to s.
8 of the Building Code Act if the proposed building, construction or demolition will contravene
applicable law, and a by-law passed under s. 133(4) of the Municipal Act is applicable law
pursuant to subclause 1.4.1.3.(1)(b)(iv) of O. Reg. 332/12 as amended (the “Building Code”);
AND WHEREAS the Town may enact by-law provisions that (without limitation) create offences,
impose fines, authorize orders to achieve compliance or discontinue contraventions, authorize
inspections, authorize remedial work and provide for the collection of remediation costs,
pursuant to Part XIV of the Municipal Act, including sections 425, 429, 435 - 438, 441.1 and 444
- 446;
AND WHEREAS Council deems the process herein of considering, granting and refusing
exemptions under this by-law to be a minor and administrative matter, and wishes to delegate
such tasks to the Chief Building Official or his or her deputies or designates pursuant to Part I of
the Municipal Act, including particularly sections 23.1, 23.2 and 23.5, particularly since Council
may revoke such delegation at any time, and since the exemptions provided for would be limited
to particular properties and limited in their impact on the duties of law enforcement officers and
emergency services personnel;
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NOW THEREFORE Council enacts as follows:
1.0 SHORT TITLE
1.1 This By-law may be cited as the "Fortification By-law."
2.0 DEFINITIONS AND INTERPRETATION
In this by-law, unless the context otherwise requires:
2.1 “Application” means:
(a) the application, erection, installation, deployment or placement of one or
more Elements on or to Land; or
(b) the application, erection, installation, deployment or placement of one or
more Elements on or to one or more Structures;
2.2 “Building Code” means Ontario Regulation 332/12, as amended, or any
successor regulation;
2.3 “Building Code Act” means the Building Code Act, 1992, S.O. 1992, c 23, as
amended;
2.4 "Chief Building Official" means the chief building official appointed by Council
pursuant to Section 3(2) of the Building Code Act;
2.5 “Construct” means to do anything in the erection, installation, extension or
material alteration or repair of a Structure, including (without limitation):
(a) the Application of Elements on or to Land or Structures;
(b) “construction” as defined in the Building Code Act; and
(c) the installation of a Structure fabricated or moved from elsewhere;
and “Construction” has a corresponding meaning;
2.6 “Council” means the Council of the Town;
2.7 “Element” means a feature, component, material, device, product or contrivance,
whether natural or artificial, and includes (without limitation) Protective Elements
and Excessive Protective Elements;
2.8 “Emergency Services Personnel” means personnel who respond in cases of
specific or general emergency and may require access to or egress from Land
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while acting under statutory or common law duty or authorization, and includes
(without limitation):
(a) emergency response or law enforcement personnel acting in the
employment or under the authority of a municipal, provincial, or federal
organization or Crown agency, regardless of its ordinary location of
operation, and including (without limitation) the following organizations or
agencies:
i. any police service;
ii. any emergency medical or paramedic service;
iii. Oxford County Emergency Services; and
iv. any fire protection service (whether volunteer or not);
(b) emergency response or law enforcement personnel acting under a
mutual or automatic aid agreement with an organization covered by (a)
above; and
(c) any person acting under the direction of personnel otherwise covered by
this definition;
2.9 “Excessive Fortification” means Fortification that has the purpose or plausible
effect of hindering, restricting, obstructing or prohibiting Lawful access to or from
Land or Structures, including (without limitation) the following:
(a) the Application of any steel plate, steel bar, bullet-resistant shutter or
wire mesh exceeding 10 gauge on any window or other opening of a
Structure, but not including steel bars on a basement window or
basement opening;
(b) the Application of one or more bricks or concrete blocks, or of other
masonry or similar Elements, with the purpose or effect of obstructing
any doorway, window or other exterior entrance or egress to Land or a
Structure, whether such obstruction is partial or complete;
(c) the Application of steel sheeting or one or more plates or similar
Elements to interior or exterior walls of a Structure, designed or intended
to protect against firearms, artillery, explosives, vehicle impact and the
like;
(d) the Application of bullet-resistant or bullet-proof Elements, including
(without limitation) glass, to windows or doors;
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(e) the Application of armor-plated or reinforced doors, whether exterior or
interior, designed or intended to resist against firearms, artillery,
explosives, battering rams, vehicle impact or the like; or
(f) the Construction (including the Application) of pillars, cones, barriers out
of concrete, steel, or other solid building material, that are designed or
intended to damage a conventional motor vehicle or to block access to
any Land or Structure by conventional motor vehicle at ordinary points of
entry for such vehicles;
2.10 “Excessive Protective Element” means any Protective Element used,
maintained, Constructed or designed for surveillance purposes, or with a purpose
or plausible effect of hindering, restricting, obstructing or prohibiting Lawful
access to or egress from Land, and includes (without limitation) the following:
(a) an electronic or other form of perimeter warning device or system
designed to warn of entry onto the perimeter of Land from adjoining
Land or roadways, including (without limitation) “laser eyes”;
(b) electrified fencing or any similar barrier;
(c) a weapon, or any other thing that is likely to cause death or serious
injury when activated by entry onto Land or into a Structure, whether by
design or otherwise, including (without limitation) traps, electrified doors
or windows, land mines and other explosive devices;
(d) chemical or toxic agents placed or used with the purpose or plausible
effect of hindering, restricting, obstructing or prohibiting access to or exit
from Land or a Structure, including (without limitation) a device that,
when triggered, releases a chemical, odour, or contaminant tending to
cause discomfort or harm;
(e) noxious plants that are planted, used or maintained with the purpose or
plausible effect of hindering, restricting, obstructing or prohibiting access
to or exit from Land or a Structure, including (without limitation) stinging
nettles, giant hogweed and wild parsnip; and
(f) devices that will deflate the tires of vehicles if driven over or otherwise
activated, including (without limitation) “tiger teeth strips”;
2.11 “Fire Chief” means the fire chief appointed by Council pursuant to section 6 of
the Fire Protection and Prevention Act, or his or her deputy or designate;
2.12 “Fire Code” means Ontario Regulation 213/07, as amended, or any successor
regulation;
2.13 “Fire Protection and Prevention Act” means the Fire Protection and Prevention
Act, 1997, S.O. 1997, c.4, as amended;
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2.14 “Fortification” means the use, maintenance or Construction of Structures or
Elements in a manner that has the purpose or plausible effect of hindering,
restricting, obstructing, or prohibiting certain access to or egress from Land or a
Structure, and includes Excessive Fortification, and “Fortify” has a corresponding
meaning;
2.15 “Land” means “land” as defined at section 133 of the Municipal Act;
2.16 “Law Enforcement Officer” or “Officer” includes:
(a) a Police Officer as defined in Section 2 of the Police Services Act, R.S.O.
1990, c. P. 15, as amended;
(b) a Municipal By-Law Enforcement Officer appointed by Council or its
designate pursuant to subsection 15(1) of the Police Services Act, R.S.O.
1990, c. P. 15, as amended, including (without limitation) a Property
Standards Officer;
(c) the Chief Building Official, or designate appointed under subsection 3(2)
of the Building Code Act;
(d) an Inspector appointed under subsection 3(2) of the Building Code Act;
and
(e) the Fire Inspector, including the Fire Marshal, assistant to the Fire
Marshall or a Fire Chief as provided for under Part VI, section 19(1) of the
Fire Protection and Prevention Act;
2.17 “Lawful” means in accordance with the common law, statutes and regulations of
Canada and Ontario, the by-laws of the County of Oxford and the by-laws of the
Town other than this By-law;
2.18 “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25;
2.19 “Occupant” means a person residing on or in immediate possession of Land or
a part of Land;
2.20 “Owner” means a Person who has registered title to Land, and includes the
heirs, executors, administrators or successors and assigns of such Person;
2.21 “Person” means an individual, firm, corporation, association or partnership;
2.22 “Protective Elements” means any Element used, Maintained, Constructed or
designed with a purpose or plausible effect of hindering, restricting, obstructing or
prohibiting certain access to or egress from Land, and includes (without
limitation) Excessive Protective Elements;
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2.23 “Structure” means any structure, building, erection or physical barrier on Land,
or attachment thereto, and includes (without limitation) mobile homes, mobile
buildings, mobile structures, outbuildings and fences; and
2.24 “Town” means The Corporation of The Town of Tillsonburg.
3.0 Nothing in this By-Law shall be interpreted to prevent compliance with the other
requirements which may apply to Land or Structures pursuant to the statutes and
regulations of Canada and Ontario, including (without limitation) building, fire or electrical
safety codes under Provincial law.
4.0 GENERAL PROHIBITIONS
4.1 No Person shall:
(a) Construct, cause or permit the Excessive Fortification of any Land or
Structure; or
(b) Construct, cause or permit Excessive Protective Elements on any Land or
Structure.
4.2 For greater clarity, the prohibition at subsection 4.1 above includes (without
limitation) Excessive Fortification or Excessive Protective Elements already
existing on the day this By-law is passed.
4.3 No Person shall:
(a) hinder, restrict, obstruct or prohibit any Law Enforcement Officer or other
Person exercising a power or performing a duty under this By-law or any
Persons assisting such Officers, including (without limitation) Emergency
Services Personnel;
(b) attempt any of the conduct described in subclause 4.3(a) above; or
(c) permit another Person to perform or attempt any of the conduct described
in subclause 4.3(a) above.
5.0 GENERAL EXEMPTIONS
5.1 Subsections 4.1 and 4.2 above do not apply to:
(a) any Land or Structure owned or occupied by any department or agency of
the Government of Ontario or the Government of Canada, including
(without limitation) detention centres;
(b) any Land or Structure occupied exclusively as shelters for abused
Persons, or similar charitable or non-profit aid agencies, if the Chief
Building Official is satisfied in his or her sole discretion that security of the
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occupants is essential to the charitable purpose or aid;
(c) any Land or Structure owned and occupied by the Town or by the County
of Oxford;
(d) any Land or Structure owned or occupied by a police service, including
(without limitation) the Ontario Provincial Police and the Royal Canadian
Mounted Police, or to Lawful the activities of such police services,
including (without limitation) the monitoring carried out by the Ontario
Provincial Police with Town consent;
(e) the Lawful use of Land or a Structure in accordance with a special
exemption or approval granted pursuant to this By-law, including all
applicable conditions;
(f) the Lawful operation of a financial institution listed in Schedule I, II or III of
the Bank Act, S.C. 1991, c. 46, as amended;
(g) the use of electrified fencing by agricultural operations for the purpose of
controlling the movement of livestock;
(h) the use by public authorities of bollards or similar barriers at entrances to
recreational trails or other recreational or public Lands, to limit access by
motor vehicles;
(i) the establishment and use of a single panic room in a residential dwelling
unit, provided that:
i. the room is interior to the building, without either use of exterior
walls or direct access to the exterior of the building;
ii. the room does not exceed an interior area of 10 square meters;
and
iii. the room does not contain any fuel fired appliances or plumbing
fixtures, and otherwise complies with the Building Code;
(j) the Application or use of commercially marketed household security
devices designed and Applied for the purpose of providing reasonable
protection from theft or other criminal activity against the Person or
property of an individual;
(k) the Application or use of electronic or other forms of warning device or
system, including (without limitation) “laser eyes”, on windows or doors for
the purpose of providing reasonable warning to Occupants or to alert
Emergency Services Personnel of criminal entry to Land or a Structure;
(l) alterations or renovations that are common, purely aesthetic and Lawful;
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(m) alterations or renovations required for compliance with the Building Code
or Fire Code;
(n) the installation of protective or warning devices for the detection of
smoke, carbon dioxide gas, carbon monoxide gas or fire pursuant to the
Building Code or Fire Code or to provide early notice or in response to
smoke, gas or fire conditions, or to alert Emergency Services Personnel
to one or more such conditions;
(o) the securing or closing of any openings of a vacant building or that of a
building which has sustained fire or other accidental structural damage as
required under the Town’s Property Standards By-Law, or by an order
issued under the Fire Protection and Prevention Act; or
(p) any normal farm practice carried on as part of an agricultural operation
pursuant to the Farming and Food Protection Act, 1998, S.O. 1998, c. 1.
6.0 APPLICATION FOR SPECIAL EXEMPTION
6.1 The Owner of Land, or an Occupant with the Owner’s consent, may apply for a
partial or complete exemption from subsections 4.1 and 4.2 above by submitting
a complete application in the form prescribed by the Chief Building Official.
6.2 The application referred to in subsection 6.1 above shall include (without
limitation) the following, with respect to all affected Lands and Structures:
(a) the Applicant’s name, business address, phone number, fax number and
email address;
(b) if the Applicant is a corporation or partnership, the name, residential
address, phone number and email address of each Person who is a
director, officer or partner;
(c) if the applicant is an Occupant but not the Owner, the signed consent of
the Owner and each other Occupant of the Land;
(d) the applicable fees set out in the Town’s Rates & Fees By-Law;
(e) legal description and municipal address;
(f) zoning status, current use and intended use (if different from current use);
(g) a survey prepared within the last five years;
(h) all consents and contact information necessary to allow the Town to
attend and inspect the Lands and Structures in assessing the application
or compliance with this By-law, including (without limitations) all conditions
of any special exemption;
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(i) a detailed, scaled plan of all proposed Fortifications and Protective
Elements; and
(j) the nature of the special exemption requested and the reasons for the
request.
7.0 REVIEW OF APPLICATIONS BY CHIEF BUILDING OFFICIAL
7.1 The Chief Building Official shall review all complete applications under section 6.
7.2 The Chief Building Official may require additional information that shall be
provided at the effort and expense of the applicant, including (without limitation):
(a) requests for further details or documentation from the applicant;
(b) requiring the provision of any further or other documents considered to be
necessary or relevant to the investigation of the application;
(c) making inquiries of any department of local, provincial or federal
government considered necessary and/or relevant to the investigation of
the application; and
(d) making inquiries and requesting input from local fire, police and
ambulance services or any other department that may have an interest,
issue or concern with the application.
7.3 When considering an application for a special exemption from subsections 4.1
and 4.2, the Chief Building Official shall have regard for the following factors
(without limitation):
(a) the provisions of any applicable site plan agreement;
(b) special circumstances or conditions which currently apply to the Land or
Structure are being proposed within the application;
(c) whether strict application of the provisions of this By-law would result in
difficulties, unnecessary or undue hardship for the applicant that would be
inconsistent with the objectives of this By-law; and
(d) whether granting the requested special exemption would maintain the
general intent and purpose of this By-law.
7.4 The Chief Building Official may in his or her sole discretion issue a partial or
complete exemption from subsections 4.1 and 4.2 to certain Lands, Structures or
uses thereof, provided that:
(a) the Chief Building Official has reviewed a complete application;
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(b) the nature and extent of the special exemption does not exceed that
which is rationally proven, to the satisfaction of the Chief Building Official
reviewing the application, to be necessary;
(c) the special exemption will not unreasonably interfere with access to or
egress from the Lands or Structures in question by Emergency Services
Personnel; and
(d) the Chief Building Official has determined that the special exemption is
not likely to result in a contravention of the Building Code.
7.5 Subject to subsection 7.6, the Chief Building Official may impose time limits or
any other reasonable conditions on a special exemption as the Chief Building
Official deems appropriate in his or her sole discretion.
7.6 In addition to any conditions specified by the Chief Building Official, the following
are deemed conditions of any approval of a special exemption under this By-law:
(a) all authorized Fortifications and Protective Elements must be Constructed
and maintained Lawfully, and in accordance with the plans and
specifications approved by the Chief Building Official;
(b) inspections are allowed as reasonably required to confirm that the
authorized Fortifications and Protective Elements comply with the
approval conditions and all provisions of this By-law;
(c) the exemption applies only to the Land or Structures specified therein,
and is not transferrable to other Lands or Structures;
(d) the applicant must advise and provide details to any new Owner or
Occupant of the Land or Structure about the exemption and features of
the authorized Fortifications and Protective Elements;
(e) the exemption expires upon any change of the primary use of the Land or
Structure; and
(f) the exemption shall in no way be construed or interpreted as an
exemption, limitation or excuse from a Person’s requirement to comply
with the statutes and regulations of Canada and Ontario, the by-laws of
the County of Oxford or the by-laws of the Town.
7.7 Council hereby delegates decision-making authority to the Chief Building Official
with regard to the issuance or denial of exemptions under this By-law, as Council
is of the opinion that the delegated powers are of a minor nature.
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8.0 APPROVED SPECIAL EXEMPTIONS
8.1 Upon deciding to grant or refuse a special exemption, the Chief Building Official
shall:
(a) provide notice to the applicant; and
(b) promptly forward the exemption form and application materials, including
the approved plans and designs, to the Chief of Police or the District
Commander of the Tillsonburg branch of the Ontario Provincial Police, the
Fire Chief and the Director of Emergency Services of the County of
Oxford, and to such other agencies or organizations that the Chief
Building Official deems appropriate.
8.2 A granted special exemption shall be documented in the form prescribed by the
Chief Building Official, shall make reference to this By-law and shall bear the
signature of the Chief Building Official.
8.3 The Chief Building Official may revoke a special exemption if:
(a) it was issued on mistaken, false or incorrect information;
(b) one or more conditions of the special exemption has not been complied
with;
(c) it was issued in error;
(d) there has been a material change in the circumstances, conditions or
facts upon which the original exemption was based; or
(e) the holder requests in writing that it be revoked.
9.0 NOTICE
9.1 Any notice pursuant to this By-law may be given in writing in any of the following
ways and is effective:
(a) on the date on which a copy is delivered to the Person to whom it is
addressed;
(b) on the fifth day after a copy is sent by registered mail to the Person’s last
known address;
(c) upon the conclusion of the transmission of a copy by facsimile to the
Person’s last known facsimile number; or
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(d) upon the sending of a copy by email transmission to the Person’s last
known email address.
10.0 APPEAL OF DECISIONS
10.1 A Person who considers themself aggrieved by an order or decision made by the
Chief Building Official or a designate may appeal the order or decision to the
Superior Court of Justice within 20 days after the order or decision is made,
pursuant to section 25 of the Building Code Act.
11.0 ADMINISTRATION AND ENFORCEMENT
11.1 The Chief Building Official is authorized to administer and enforce this By-law,
including the taking of such steps, arranging assistance or work by Town staff or
agents, and for the issuance of orders and imposition of conditions as necessary
to ensure compliance with this By-law, for arranging for the obtaining of court
orders or warrants as may be required, and for commencing such actions on
behalf of the Town to recover costs or restrain contravention of the By-law as are
deemed necessary.
11.2 The Chief Building Official may assign Officers to enforce this By-law who shall
have the authority to carry out inspections, make directions, orders to discontinue
contravening activities or to do work to correct contraventions, to give immediate
effect to any order and otherwise enforce this By-law, and the Chief Building
Official may assign duties or delegate tasks under this By-law to be carried out in
the Chief Building Official’s absence or otherwise, and may request the
assistance of police officers for enforcement including obtaining orders for entry
as may be required.
11.3 Subject to sections 435 and 437 of the Municipal Act, including the provision of
notice to an Occupant when required and production of the Officer’s identification
when requested, an Officer may enter Land or a Structure at any reasonable time
for the purpose of carrying out an inspection to determine whether or not the
following are being complied with:
(a) this By-law;
(b) a direction, authorization, requirement, condition or order made under this
By-law; or
(c) an order made under section 431 of the Municipal Act, 2001 in respect of
a contravention of this By-law.
11.4 No Person shall remove an order, notice or direction posted on Land or a
Structure indicating it was posted under this By-law, except an Officer.
11.5 An Officer may, for the purposes of an inspection under this By-law:
(a) require the production for inspection of documents or things relevant to
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the inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information from any Person concerning a matter related to the
inspection, including (without limitation) requiring expert or other
examinations, testing, reports or as Constructed plans to be obtained and
provided; and
(d) alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
11.6 A receipt shall be provided for any document or thing removed under subsection
11.5 and the document or thing shall be promptly returned after copies or extracts
are made.
11.7 Any sampling done during an inspection shall be done in accordance with
subsections (3) and (4) of section 436 of the Municipal Act.
11.8 An inspection requirement, direction or order made to a Person under this
section may be given verbally, but where the town intends to act upon such
matter at the expense of the Person, the requirement, direction or order shall be
made in writing and provided to the Person in accordance with the notice
provisions of this By-law.
11.9 An Officer may undertake an inspection pursuant to an order of a court issued
under section 438 of the Municipal Act, provided however that in the case of an
order authorizing an inspection of a room or place actually being used as a
dwelling the Occupant is given notice concerning when the inspection will be
carried out.
11.10 For the purposes of appeal, any order made by an Officer other than the Chief
Building Official will be deemed to be an order of the Chief Building Official.
12.0 ORDER TO DISCONTINUE ACTIVITY
12.1 Without limiting the orders that the Chief Building Official or designate may make
pursuant to this By-Law, if an Officer is satisfied that a contravention of this By-
law has occurred, the Officer may make an order requiring the Person who
contravened the By-law or who caused or permitted the contravention or who is
the Owner or Occupant of the Land or Structure on which the contravention
occurred to discontinue the contravening activity.
12.2 An order under this section shall set out:
(a) reasonable particulars adequate to identify the contravention to be
discontinued and the location of the Land or Structure on which the
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contravention occurred; and
(b) the deadline for compliance.
12.3 An order under this By-law shall be delivered in accordance with the notice
provisions of this By-law.
13.0 WORK ORDER
13.1 Without limiting the orders that the Chief Building Official or designate may make
pursuant to this By-Law, if an Officer is satisfied that a contravention of this By-
law has occurred, the Officer may make an order requiring the Person who
contravened the By-law or who caused or permitted the contravention or who is
the Owner or Occupant of the Land or Structure on which the contravention
occurred to do work to correct the contravention.
13.2 Subject to subsection 13.3, an order under this section shall set out:
(c) reasonable particulars adequate to identify the contravention to be
discontinued and the location of the Land or Structure on which the
contravention occurred;
(d) the deadline for compliance; and
(e) the work to be done, which may include obtaining all permits and
inspections required by law.
13.3 An order under this By-law may be issued even though the facts constituting the
contravention of this By-law were present on the day this By-law came into force,
provided however that in such circumstances the order made in respect of such
pre-existing Fortifications or Protective Elements shall provide not less than three
(3) months to complete the work.
13.4 An order under this By-law shall be delivered in accordance with the notice
provisions of this By-law.
14.0 FAILURE TO COMPLY AND COST RECOVERY
14.1 Where a Person defaults in complying with a direction, requirement or order
under this By-law to do a matter or thing, the Chief Building Official may cause an
Officer or agent on behalf of the Town, with such assistance from others as may
be required, to enter the Land on which the contravention occurred at any
reasonable time, and to carry out such direction, requirement or order at the
Person’s expense.
14.2 The Town may recover the costs from the Person directed, required or ordered to
do a matter or thing under this section, by action or by adding the costs to the tax
roll and collecting them in the same manner as property taxes, and such costs
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shall include interest at an annual rate of 15 per cent.
14.3 For the purposes of subsection 14.3, interest shall be calculated for the period
commencing the day the Town incurs the costs and ending on the day the costs
including the interest are paid in full.
14.4 The Chief Building Official may give immediate effect to any direction,
requirement or order to be carried out under this section where the costs of
carrying out the direction, requirement or order do not exceed $20,000, inclusive
of HST. Where the estimated costs exceed $20,000, the work shall be carried out
only where directed by a Person with the authority to approve such expense, or
by Council.
14.5 The amount of the Town’s costs incurred plus interest to the date payment is
made in full, constitutes a lien upon the Land, upon the registration of a notice of
lien upon the Land.
14.6 Pursuant to s. 441 of the Municipal Act, 2001, if any part of a fine for a
contravention of this by-law remains unpaid after the fine becomes due and
payable under s. 66 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended, including any extension of time for payment ordered under that
section, the Director may give the person against whom the fine was imposed a
written notice specifying the amount of the fine payable and the final date on
which it is payable, which shall be not less than twenty one (21) days after the
date of the notice.
14.7 If the fine remains unpaid after the final date specified in the notice, the fine shall
be deemed to be unpaid taxes for the purposes of s. 351 of the Municipal Act.
14.8 In accordance with sections 441.1 and 446 of the Municipal Act, any part of a fine
or cost owing pursuant to this by-law or a related provincial offence may be
added to the tax roll for any property in the Town of Tillsonburg for which all of
the owners are responsible for paying the fine or cost, and collect such fine or
cost in the same manner as municipal taxes.
15.0 OFFENCES AND PENALTY
15.1 Subject to subsection 15.2, any Person who contravenes a provision of this By-
law, or an officer or director of a corporation in the event of a contravention by the
corporation, is guilty of an offence and upon conviction is liable to a fine or
penalty as follows:
(a) for a first offence, a maximum of $20,000.00;
(b) for a second offence, a maximum of $50,000.00; and
(c) for a third or subsequent offence, a maximum of $100,000.00.
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15.2 Any Person who contravenes any order made under this By-law, or an officer or
director of a corporation in the event of a contravention by the corporation, is
guilty of a continuing offence and upon conviction is liable to a daily fine or
penalty of a maximum of $10,000.00 for each day or part of a day that the
offence continues, and despite subsection 15.1 the total of all the daily fines
imposed for an offence is not limited by the maximums listed in subsection 15.1.
16.0 CONFLICT AND SEVERABILITY
16.1 It is intended by Council that this By-law provide a higher level of public health,
safety and well-being and limit danger and damage to persons and property
during emergency situations, rather than conflict with other law or Town by-laws.
16.2 In the event of conflict between this By-law and the Building Code, the Building
Code prevails, and further an exemption under this By-law does not preclude any
requirement under the Building Code Act or Building Code including the
requirement for a permit under the Building Code Act.
16.3 Should a court of competent jurisdiction declare a part of whole of any provision
of this by-law to be invalid or of no force and effect, the provision or part is
deemed severable from this By-law and it is the intention of Council that the
remainder survive and be applied and enforced in accordance with its terms to
the extent possible under law.
17.0 ENACTMENT
This By-law shall come into force and effect upon the date of final passing thereof.
READ A FIRST AND SECOND TIME THIS ____ DAY OF __________, 2016.
READ A THIRD AND FINAL TIME AND PASSED THIS _______DAY OF ___________, 2016.
_________________________________________
Mayor – Stephen Molnar
_________________________________________
Town Clerk – Donna Wilson
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STAFF REPORT
DEVELOPMENT & COMMUNICATION SERVICES
Report Title: Fence and Pool Enclosure By-Laws
Report No.: DCS 16-15
Author: Geno Vanhaelewyn, Chief Building Official
Meeting Type: COUNCIL MEETING
Council Date: APRIL 11, 2016
Attachments:
• Current Fence By-Law 3058
• Proposed Fence By-Law 4007
• Proposed Pool Enclosure By-Law 4008
• Proposed Pool Enclosure By-Law Fines
RECOMMENDATION:
RESOLVED THAT Council receive Report DCS 16-15 Fence and Pool Enclosure By-Laws for information;
AND THAT Fence By-Law 4007 to regulate fences in the Town of Tillsonburg be brought forward for Council consideration.
AND THAT Pool Enclosure By-Law 4008 to regulate pool enclosures in the Town of
Tillsonburg be brought forward for Council consideration.
EXECUTIVE SUMMARY
The Town’s current Fence By-Law 3058 was last reviewed and adopted by Municipal
Council in 2003. The current by-law regulates general fences and pool enclosure
fences. Since this time the by-law has performed very well, however, there have been changes in legislation which has precipitated the need for this by-law update. As with
other by-law reviews, staff updated definitions, organization and layout of the by-law
and in this case recommend separating fences and pool enclosures into two separate by-laws for clarity. Separating the existing by-law into two proposed by-law
documents will require both new by-laws to be approved at the same time due to by-law repeal wording included in each.
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FENCE BY-LAW
The principal purpose and intent of the Fence By-Law is to regulate the height, material
and location of fences. Staff report that the main inquiries related to residential fences is permitted location and height. Commercial, industrial and institutional zone inquiries
are most often addressed during the site plan approval process.
The following table provides an overview and identifies the proposed fence by-law
improvements and changes.
Item Changes
Intent and Scope (Section 1) Defines intent and scope of by-law. Pool
enclosure fencing has been removed to a
separate by-law for clarity.
Definitions & Interpretation (Section 2) Items are better defined to provide clarity.
Current by-law has 27 definitions; proposed
by-law has 25 definitions.
Existing Fences (Section 3) Addition of a provision for existing fences. Fences that lawfully existed before the enactment of this bylaw will be deemed to be “legal non-conforming” and can be maintained to same height and dimensions
using the same materials. Also added is a
requirement to maintain a fence to a safe
condition.
Residential Fences (Section 4) Change in maximum height from 1.98 m (6 feet 6 inches) under current by-law to 2.15 m (7 feet). Provision added to
enable/clarify the construction of a 2.15 m
(7 feet) high fence on a deck provided it
meets the setback requirement along a
common or party wall. No changes to fence
height in front yards or residential zones
abutting industrial, commercial or
institutional zones.
Industrial, Institutional, Commercial Zoned
Fences (Section 5)
Maximum height of 3.0 m (9 feet 10 inches)
is unchanged.
Line Fences Act (Section 9) Line Fences Act will not apply to any part of the Town of Tillsonburg and will meet the provisions of the Municipal Act (2001) Section 98, except Sect 20 of the Line Fences Act as per the Municipal Act. (Sect
20 refers to railroad lands and former
railroad lands).
Division Fence- Disagreements (Section 9) Disagreements related to fences have been clarified to be a civil matter.
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The height of residential fences is proposed to be increased as a result of
requests/inquires over the years from the current 1.98 m (6 feet 6 inches) to 2.15 m (7
feet). No issues were noted when surveying other municipalities that permit 2.15 m (7
foot) fences. The following table provides municipal fence height comparisons as information.
Municipality Fence Height Year Enacted
Tillsonburg 6ft 6 inches rear and side yard. 3 ft 3 inches front yard.
2003
London 7 ft rear and side
yard
2013
St. Thomas 6ft 6 inches rear
and side yard. 3 ft
3 inches front
yard.
1992
St. Mary’s 6ft 6 inches rear
and side yard. 3 ft
3 inches front yard.
2014
Stratford N/A 2009
Collingwood 7 ft rear and side yard 1991
Norfolk County 6ft 6 inches rear and side yard. 3 ft 3 inches front yard.
2002
Orangeville 7ft in rear and
side yard, can
increase to 9ft if it
is of an open
nature (trellis or
lattice)
1993
Woodstock 7 ft rear and side
yard
2012
Ingersoll 7 ft rear and side yard 2007
Multiple inquiries related to fences are handled by front line staff and the enforcement
of the by-law is completed on a complaint basis where by-law enforcement
communicates with the property owner(s) to gain compliance. On average, by-law
enforcement responds to 18 fence complaints annually with the main complaints rising
from location and structural integrity. In most cases these matters are resolved by
reviewing survey information and/or the property standards by-law. Currently, the
existing by-law and the Town does not involve itself with disputes/arbitration related to
cost sharing and the proposed by-law would remain the same in this manner by updating the wording based on legislation from the Municipal Act that provides the
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authority for the municipality to exempt itself from the Line Fences Act with the
exception of section 20, which deals with fences along railway lines. Any cost sharing
is to be coordinated between property owners directly and any inquires/disputes in this
regard are typically dealt with by informal discussions between by-law staff and the owners which often are resolved. If for some reason a dispute cannot be resolved,
property owner disputes will need to be dealt with civilly.
POOL ENCLOSURE BY-LAW
The principal purpose and intent of the proposed Pool Enclosure By-Law is to regulate the height, material and location of pool enclosures. A swimming pool enclosure is
required for swimming pools that have the capability of holding a depth of more than
610mm (24 inches) and a surface area exceeding 2.0 m2 (21.5 ft2).
The following table provides an overview and identifies the proposed fence by-law improvements and changes.
Item Changes
Intent and Scope (Section 1) Defines intent and scope of the by-law. Separated from the fence by-law for clarity.
Definitions & Interpretation (Section 2) Items are better defined to provide clarity. Current by-law has 27 definitions; proposed
by-law has 25 definitions.
Existing Enclosures (Section 3) Addition of a provision for existing fences.
Fences that lawfully existed before the
enactment of this bylaw will be deemed to
be “legal non-conforming” and can be
maintained to same height and dimensions using the same materials. Also added a requirement to maintain a fence to a safe condition.
Residential Enclosures (Section 4) Change in minimum height from 1.2 m (4 feet) to 1.52 m (5 feet) to reduce the probability of a child climbing the enclosure. The trend with new bylaws from comparable municipalities is to increase the height to
1.52 m (5 feet) (London 2013, St. Mary’s
2014, Stratford 2009, Ingersoll 2007)
Size of Materials (Section 4) Size of material was changed to reflect
standard building material sizes.
No Abandonment of Enclosures
(Section 10)
No person is to abandon an enclosure and
once started, must complete the enclosure.
Administration/Enforcement and Orders (Section 11) Previous by-law lacked administration procedure, entry on land and inspection requirements. Stipulates what an Order will state (contravention, location, work to be
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81
completed, timeline for work). Failure to comply with an Order (work completed)
recovery costs are sent to offending party and added to the tax roll should the cost not
be paid (same process as clean yard,
property standards).
Fine (Section 12) Minimum fine of $350, maximum fine of
$30,000. New short form fines proposed.
The major change related to pool enclosure fences is the proposed height increase from 1.2 m (4 feet) to 1.52 m (5 feet). The municipal trend is to increase safety standards
to reduce the probability of a child climbing an enclosure. The following table identifies
municipal comparisons for information.
Municipality Pool Fence Height (Min) Year Enacted
Tillsonburg 4 feet 2003
London 5 feet 2013
St. Thomas 4 feet 1992
St. Mary’s 5 feet 2014
Stratford 5 feet 2009
Collingwood 3.9 feet 1991
Norfolk County 4 feet 2002
Orangeville 5 feet for
residential
6 feet for any
other privately
owned pool
1993
Woodstock 4 feet 2012
Ingersoll 5 feet 2007
The enforcement section of the Pool Enclosure By-Law is proposed to include short form
fines for certain violations. Following council approval of this by-law, staff will seek to have short form provincial offences fines set and approved by the court. These
proposed fines are attached to this report in the schedule noted as “Proposed Pool
Enclosure By-Law Fines”.
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CONSULTATION/COMMUNICATION
The changes proposed are a result of staff documentation over the years that require
additional detail for clarity and enforcement. During the by-law review process staff consulted and communicated through the Municipal Law Enforcement Officers Association,
Southwestern Chapter Ontario Building Officials Association along with other municipalities.
Both by-laws were review by the Town’s solicitor and all relevant aspects of the review were included in the draft by-laws prior to the public consultation process.
Copies of the by-laws along with supporting material were made available for public
consultation from March 15, 2016 to March 30, 2016 as per the Town’s public engagement policy. During this time, the draft by-law was posted on the Town website, advertised in
the local paper, and copies were circulated directly to the Development Committee, BIA,
Chamber, Real Estate Board, Councilors and the Senior Leadership Team.
Two inquiries were received as a result of the public consultation and were explanatory and administrative in nature. These are listed below:
1. Fence By-Law inquiry related to cost sharing, particularly Section 9.2 and 9.3. Inquiry/comment suggested adding additional wording to clarify and require 3
estimates related to cost.
Further review of these subsections was completed by the Town solicitor which
recommended that both subsections be eliminated. It was advised that any detail related to an appeal/arbitration process be removed from the by-law if
the Town is not in a position to administer and provide a formal appeal
process. Staff reviewed the option to include an appeal process with other municipalities and do not recommend that the Town engage in these matters
at this time due to staffing, budget, etc. to manage a formal arbitration
process.
Subsections 9.2 and 9.3 noted below have been removed as recommended
and are no longer included in the proposed fence by-law document attached to
this report.
9.2 Division Fence – Cost – Shared Adjoining Land Owners
Each of the Owners of adjoining occupied land where a Fence is on a property
boundary shall repair, replace or maintain a just proportion of any Division Fence heretofore or hereafter Constructed which marks the boundary of their
respective properties, or shall bear a just proportion of the cost of any work of
Construction, repair, replacement or maintenance which has been carried out.
9.3 Division Fence – Disagreement
Where Owners of adjoining land cannot agree on the type or kind of fence to be erected between them as provided by subsection 9.2, no contribution to the
cost thereof is to be payable unless the party erecting the fence constructs a
chain link fence 1.22 metres (4 feet) in height. Only upon such fence being constructed will the provisions of subsection 9.2 apply respecting the
apportionment of costs of said fence.
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2. General inquiry related to the requirement and conformance of existing fences
and pool enclosures.
Each by-law contains a section protecting existing fences including the maintenance of such fences that lawfully existed before the passing of the new
by-laws. No action required – explanatory in nature.
Upon approval, staff will update communication and promotional materials to inform and
educate the public.
FINANCIAL IMPACT/FUNDING SOURCE
The cost to communicate and amend promotional materials for the public will be funded
from the 2016 Building and Protection budget.
Following Council approval of this by-law, staff will seek to have short form Provincial offences fines set and approved by the court. The proposed fines are expected to generate
some offset revenue when compliance cannot be obtained by other means. The anticipated
amount of revenue is dependent on violation compliance and cannot be estimated at this time.
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 4007
A BY-LAW to regulate fences in the Town of Tillsonburg.
WHEREAS subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
(the “Municipal Act”), provides that municipal powers shall be exercised by by-law;
AND WHEREAS subsections 11(1), (3) and (4) of the Municipal Act authorize the
municipal council (“Council”) of The Corporation of the Town of Tillsonburg (the
“Town”) to provide certain services and things that the Town considers necessary or
desirable for the public, including the passage of by-laws respecting fences, signs and other structures;
AND WHEREAS section 98 of the Municipal Act provides that a municipal council
may exclude the municipality from the application of the Line Fences Act, R.S.O.
1990, c. L.17, as amended (the “Line Fences Act”), except for section 20 of that Act;
AND WHEREAS the Town may enact by-law provisions that (without limitation) create offences, impose fines, authorize orders to achieve compliance or discontinue
contraventions, authorize inspections, authorize remedial work and provide for the
collection of remediation costs, pursuant to Part XIV of the Municipal Act, including
sections 425, 429, 435 - 438, 441.1 and 444 - 446;
AND WHEREAS Council deems it desirable and expedient to regulate fences in the Town of Tillsonburg, and to exclude the Town from the provisions of the Line Fences
Act, with the exception of section 20 of that Act;
NOW THEREFORE Council hereby enacts the following:
SECTION 1
SCOPE OF BY-LAW
1.1 SHORT TITLE
This By-law, as amended from time to time, shall be known as the “Fence By-law.”
1.2 INTENT AND SCOPE
The purpose of this By-law is to regulate Fences within the Town of Tillsonburg. This
By-law does not apply to “swimming pool enclosures”, as defined in and governed by
the Town’s Pool Enclosure By-law, No. 4008.
1.3 CONTENT OF BY-LAW
All references in this By-law to sections, requirements, exceptions, tables, figures,
schedules and maps, refer to those in this By-law unless otherwise indicated. Headings given in this By-law are for convenience only, and do not form part of this
By-law.
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1.4 RELATION TO OTHER GOVERNMENT REQUIREMENTS (COMPLIANCE WITH
OTHER REGULATIONS)
This By-law shall not be construed so as to reduce or mitigate restrictions or
requirements that are Lawfully imposed by the Town or by any governmental authority. Without limiting the foregoing, compliance with this By-law does not
relieve any Person from complying with:
(a) legislation or regulations imposed by the Governments of Canada or
Ontario, including (without limitation) the Ontario Building Code, O. Reg.
332/12; and
(b) by-laws enacted by the County of Oxford or other By-laws enacted by the
Town;
SECTION 2
DEFINITIONS AND INTERPRETATION
2.1 DEFINITIONS
The terms set out below shall have the following meanings in this By-law:
“Building” means any structure consisting of one or more of a wall, roof or floor, and
used or intended to be used for the shelter, accommodation or enclosure of Persons,
animals, or goods, but shall not include a lawful boundary wall or Fence.
“Chief Building Official” means the Chief Building Official of the Town.
“Construct” means to do anything in the erection, installation, extension or material
alteration or repair of a structure, including (without limitation):
(a) anything in the erection, installation, extension or material alteration or
repair of a Building or Fence;
(b) the installation of a structure fabricated or moved from elsewhere,
including (without limitation) the structures listed in (a); and
(c) work in preparation for any of the acts described above;
and “construction” has a corresponding meaning;
“Corner Lot” means a Lot situated at the intersection of two Street Lines with an interior angle of intersection of not more than one hundred and thirty-five (135)
degrees, provided that:
(a) where the Lot abuts only one Street Line on a curving roadway, it is
deemed to abut an intersection of two equal portions of that Street Line;
and
(b) where either of the intersecting Street Lines is on curving roadway, the
line used for calculating the angle of intersection will be the tangent drawn
through the Lot’s point of extremity abutting that Street Line;
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and the corner of such a Lot will be the point at or closest to the Street Line
intersection, but this definition shall exclude any portion of a lot further than 30 metres
(98.4 feet) from the corner, measured along a Street Line.
“Council” means the Municipal Council of the Corporation of the Town of Tillsonburg.
“Division Fence” means a Fence marking a Lot Line.
“Effective Grade Level” at a given point means the highest level of the ground within
0.5 metres (3 feet 3 inches) horizontally in any direction from that point.
“Fence” means:
(a) a railing, wall or line composed of posts, wire, gate, boards or pickets or any
combination thereof; or
(b) any similar structure involving similar materials or components;
designed or used to enclose or divide in whole or in part a Yard or other land, to establish a property boundary, or to provide privacy.
“Front Yard” means an area extending across the full width of the Lot between the
front Lot Line of the Lot and the nearest part of any excavation, or main Building on
the Lot.
“Hedgerow” means one or more hedges, bushes, shrubs, compact evergreen plantings, or any similar organic growth.
“Height” of any Fence means the vertical distance between the top of such Fence
and:
(a) the Effective Grade Level at that point, if the Fence is not located on or above
a deck or similar platform; or
(b) the top surface of any deck or similar platform on which the Fence is located.
“Lawful” means in accordance with the common law, statutes and regulations of
Canada and Ontario, the by-laws of the County of Oxford and the by-laws of the Town
other than this By-law;
“Lot” means:
(a) a parcel of land with a boundary defined by an original survey or by a
registered plan of subdivision, unless such registered plan of subdivision is
designated by a by-law passed pursuant to subsection 50(4) of the Planning
Act, R.S.O. 1990, c. P.13; or
(b) a parcel or tract of land with a different registered owner (or registered owners) or from adjacent lands.
“Lot Line” means any boundary of a Lot or the vertical projection thereof.
“Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
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“Officer” means an individual appointed by Council or by a designate of Council for
the purpose of (or for purposes that include) enforcing one or more municipal by-
laws, and includes (without limitation) the Chief Building Official.
“Owner” a registered owner of land, or any Person in control of land including (without limitation) a lessee or an occupant thereof.
“Person” means an individual, firm, corporation, association or partnership.
“Rear Yard” means the area extending across the full width of the Lot between the
rear Lot Line and the nearest part of any excavation, or main Building on the Lot.
“Required Front Yard” means the area extending across the full width of the Lot between the front Lot Line and the extent of the required front yard depth as provided
by the provisions of the Town of Tillsonburg Zoning By-Law, No. 3295.
“Side Yard” means an area extending between a side Lot Line to the nearest part of
any excavation or main Building on the Lot, and between the Front Yard and the Rear
Yard.
“Sight Triangle” means the space formed by the intersecting Street Lines of a
Corner Lot and a line drawn from a point on one of the said Street Lines to a point on
the other said Street Line, provided that:
(a) the line intersects both street lines at an equal distance from the corner of the
Corner Lot; and
(b) the line is 9 metres (29 feet 6 inches) from the corner of the Corner Lot at its
closest point.
“Street Line” means the limit of the roadway allowance and is the dividing line
between a Lot and a single street or other roadway.
“Town” means The Corporation of the Town of Tillsonburg.
“Yard” means an area adjacent to a Building, structure or excavation, located on the
same Lot as the Building, structure, or excavation, and which area is open, uncovered
and unoccupied from the ground to the sky except for Lawful accessory Buildings,
structures or uses.
SECTION 3
EXISTING FENCES AND EXCLUSIONS
3.1 Fences – Deemed to Comply
Notwithstanding the provisions of this By-law, any Fence that Lawfully existed prior to
the effective date of this By-law shall be deemed to comply with this By-law and may be maintained with the same material, Height and dimensions as previously existed,
including (without limitation) any Lawful repair work.
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3.2 Required to Maintain
The Owner of any Lot shall maintain each Fence thereon and ensure that it is in safe
condition and in good repair.
3.3 Decorative Post Caps
The Height restrictions in this by-law will not include any decorative post caps or
similar features that have been pre-approved in writing by the Chief Building Official,
following the submission of construction drawings and other materials required by the
Chief Building Official.
3.4 Materials- Block, Brick or Stone
A Fence proposed to be Constructed using decorative building block, masonry brick,
architectural stone, or any other similar material must be approved in writing by the
Chief Building Official or a designate prior to Construction, following the submission of
construction drawings and other materials required by the Chief Building Official.
SECTION 4
RESIDENTIAL FENCES
4.1 Height- Fence - Location
No Person shall have, Construct, maintain or permit to be constructed or maintained a
Fence on a Lot used for residential purposes except in accordance with all of the following requirements:
(a) maximum Height of 2.15 metres (7 feet) at any point in a Rear Yard or Side
Yard that does not abut an industrial, commercial or institutional zone;
(b) maximum Height of 3 metres (9 feet 10 inches) at any point in a Rear Yard or
Side Yard that abuts an industrial, commercial or institutional zone;
(c) maximum Height of 1 metre (3 feet 3 inches) at any point in a Required Front
Yard; and
(d) minimum 1.2 metres (4 feet) horizontal distance from a Side Yard Lot Line,
not including a Side Yard Lot Line where a common or party wall is located, at
any point where the Fence is located on a deck or elevated platform.
4.2 Height- Fence or Hedgerow- Location
No Person shall have, Construct, maintain or permit to be Constructed or maintained:
(a) a Hedgerow in a residential Front Yard with a top more than 1 metre (3 feet 3
inches) above the Effective Grade Level; or
(b) a Fence or Hedgerow that visually obstructs or hinders the use of any existing public or private driveway, lane, alley, roadway or similar access area.
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SECTION 5
INDUSTRIAL, INSTITUTIONAL AND COMMERCIAL FENCES
5.1 Height – Specifications
No Person shall have, Construct, maintain or permit to be Constructed or maintained a Fence on a Lot for industrial, institutional, and commercial purposes except in
accordance with the following requirement:
(a) maximum Height of 3 metres (9 feet 10 inches).
SECTION 6
AGREEMENTS WITH TOWN
6.1 Development – Redevelopment
Notwithstanding any other provision of this By-law, a Fence that is Constructed as
required in a registered agreement or agreements entered into with the Town pursuant to Section 41 or 51 of the Planning Act, R.S.O. 1990, c. P.13, as amended,
or any plans approved by the Town in accordance with either of those sections shall
be deemed not to contravene the provisions of this By-law.
SECTION 7
BARBED WIRE OR RAZOR WIRE FENCES
7.1 Prohibited - Exceptions
No Person shall have, Construct or maintain or permit a Fence comprised of barbed
wire or razor wire, unless such Fence complies with all of the following requirements:
(a) the fence is on a Lot Lawfully used for commercial or industrial purposes;
(b) the barbed wire or razor wire projects inwards to the area enclosed by the Fence; and
(c) the lowest point on the barbed wire or razor wire is at least 2.15 metres (7
feet) above the Effective Grade Level at any point.
7.2 This section does not apply to Fences Constructed on lands owned by a government
organization or utility provider.
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SECTION 8
ELECTRIC FENCES
8.1 Prohibited - Exceptions
No Person shall have, Construct, maintain, or permit any Fence equipped with a device for transmitting an electric current thereon or there through.
8.2 This section does not apply to the Lawful use of electrified fencing by agricultural
operations for the purpose of controlling the movement of livestock.
SECTION 9
LINE FENCES ACT – DIVISION FENCES
9.1 Line Fences Act- Not Applicable
The Line Fences Act, R.S.O. 1990, c. L.17, as amended, with the exception of section
20 of that Act, does not apply to any part of the Town of Tillsonburg.
SECTION 10
ADMINISTRATION AND ENFORCEMENT
10.1 Subject to sections 435 and 437 of the Municipal Act, including the provision of notice
to an occupant of land when required, and production of the Officer’s identification
when requested, an Officer may enter land or a Building at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are
being complied with:
(a) this By-law;
(b) a direction, authorization, requirement, condition or order made under this By-
law; or
(c) an order made under section 431 of the Municipal Act in respect of a
contravention of this By-law.
10.2 No Person shall remove an order, notice or direction posted on land or on a structure
indicating that it was posted under this By-law, except an Officer.
10.3 An Officer may, for the purposes of an inspection under this By-law:
(a) require the production for inspection of documents or things relevant to the
inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information from any Person concerning a matter related to the inspection, including (without limitation) requiring expert or other examinations,
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testing, reports or as-constructed plans to be obtained and provided; and
(d) alone or in conjunction with a Person possessing special or expert knowledge,
make examinations or take tests, samples or photographs necessary for the
purposes of the inspection.
10.4 A receipt shall be provided for any document or thing removed under subsection 10.3
and the document or thing shall be promptly returned after copies or extracts are made.
10.5 Any sampling done during an inspection shall be done in accordance with subsections
(3) and (4) of section 436 of the Municipal Act.
10.6 An inspection requirement, direction or order made to a Person under this section may be given verbally, but where the Town intends to act upon such matter at the expense
of the Person, the requirement, direction or order shall be made in writing and provided
to the Person in accordance with the notice provisions of this By-law.
10.7 An Officer may undertake an inspection pursuant to an order of a court issued under section 438 of the Municipal Act, provided however that in the case of an order
authorizing an inspection of a room or place actually being used as a dwelling the
occupant is given notice concerning when the inspection will be carried out.
SECTION 11
VARIANCE AND DELEGATION OF AUTHORITY
11.1 Any variance from this By-law will require the approval of Council. Such variance
application will require a site plan showing the location of the proposed Fence and
drawings showing the type and Construction of the Fence. The variance application will
be submitted on the form prescribed by the Chief Building Official, and the Chief
Building Official shall make a recommendation to Council regarding the disposition of the application. Decisions of Council are final. Council hereby delegates authority to
the Chief Building Official with regard to the receipt and disposition of variance
applications under this By-law, as Council is of the opinion that the delegated powers
are of a minor nature.
SECTION 12
FENCES – CONTRARY TO BY-LAW
12.1 Prohibited - Location
No Person shall have, construct, maintain or permit to be Constructed or maintained
any Fence or Hedgerow in a Side Yard immediately adjoining a public roadway unless such Fence or Hedgerow is located at least 3.5 metres (11.5 feet) from the
nearest edge of the existing public roadway pavement.
12.2 Prohibited- Sight Triangle
No Person shall have, construct, maintain or permit to be Constructed or maintained
any Fence or Hedgerow in a Sight Triangle.
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12.3 Restriction of Materials – Residential Zone
In a residential zone, no Person shall have, construct, maintain or permit to be
Constructed or maintained any Fence comprised of sheet metal, sheet plastic,
fiberglass, untreated wood, single strand wire, plywood or pressboard, corrugated fiberglass, corrugated plastic, corrugated metal and without limiting the generality, any
other material not typically used in the Construction of a Fence on a Lot used for
residential purposes.
12.4 Restriction of Materials – Division Fence
No Person shall have, construct, maintain or permit to be Constructed or maintained any Division Fence comprised of any gauge of bird netting, single strand wire or
mesh.
12.5 Contravention of an Order
No Person shall contravene an order made pursuant to this By-law.
12.6 Obstruction
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Person who
is exercising a power or performing a duty under this By-law, including (without
limitation) carrying out an inspection.
SECTION 13
ORDER TO DISCONTINUE ACTIVITY
13.1 Without limiting the orders that an Officer may make pursuant to this By-Law, if an
Officer is satisfied that a contravention of this By-law has occurred, the Officer may
make an order requiring the Person who contravened the By-law or who caused or
permitted the contravention or who is the Owner of the land on which the contravention occurred to discontinue the contravening activity.
13.2 An order under this section shall set out:
(a) reasonable particulars adequate to identify the contravention to be
discontinued and the location of the land on which the contravention occurred; and
(b) the deadline for compliance.
13.3 An order under this section shall be delivered in accordance with the notice provisions
of this By-law.
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SECTION 14
WORK ORDER
14.1 Without limiting the orders that an Officer may make pursuant to this By-Law, if an
Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an order requiring the Person who contravened the By-law or who caused or
permitted the contravention or who is the Owner of the land on which the contravention
occurred to do work to correct the contravention.
14.2 An order under this section shall set out:
(a) reasonable particulars adequate to identify the contravention to be discontinued and the location of the land on which the contravention occurred;
(b) the deadline for compliance; and
(c) the work to be done, which may include obtaining all permits and inspections
required by law.
14.3 An order under this section shall be delivered in accordance with the notice provisions of this By-law.
SECTION 15
FAILURE TO COMPLY AND COST RECOVERY
15.1 Where a Person defaults in complying with a direction, requirement or order under this
By-law to do a matter or thing, an Officer or agent on behalf of the Town may, with
such assistance from others as may be required, enter the land on which the
contravention occurred at any reasonable time, and carry out such direction,
requirement or order at the Person’s expense.
15.2 In accordance with section 446 of the Municipal Act, the Town may recover the costs
from the Person directed, required or ordered to do a matter or thing under this By-law,
by action or by adding the costs to the tax roll and collecting them in the same manner
as property taxes, and such costs shall include interest at an annual rate of 15 per
cent.
15.3 For the purposes of subsection 15.2, interest shall be calculated for the period
commencing the day the Town incurs the costs and ending on the day the costs
including the interest are paid in full.
15.4 The amount of the Town’s costs incurred plus interest to the date payment is made in full, constitutes a lien upon the land, upon the registration of a notice of lien upon the
land.
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SECTION 16
OFFENCES, PENALTY AND FINE RECOVERY
16.1 Subject to subsection 16.2, any Person who contravenes a provision of this By-law,
and an officer or director of a corporation in the event of a contravention by a corporation, is guilty of an offence and upon conviction is liable to a fine or penalty as
follows:
(a) for a first offence, a minimum of $100.00 and a maximum of $5,000.00;
(b) for a second offence, a maximum of $15,000.00; and
(c) for a third or subsequent offence, a maximum of $30,000.00.
16.2 Any Person who contravenes any order made under this By-law, or an officer or
director of a corporation in the event of a contravention by the corporation, is guilty of a
continuing offence and upon conviction is liable to a daily fine or penalty of a maximum
of $2,500.00 for each day or part of a day that the offence continues, and despite
subsection 16.1 the total of all the daily fines imposed for an offence is not limited by the maximums listed in subsection 16.1.
16.3 If this by-law is contravened and a conviction entered, in addition to any other remedy
and to any penalty imposed by the by-law, the court in which the conviction has been
entered and any court of competent jurisdiction thereafter may make an order,
(a) prohibiting the continuation or repetition of the offence by the Person convicted; and
(b) requiring the Person convicted to correct the contravention in the manner and
within the period that the court considers appropriate.
16.4 Pursuant to section 441 of the Municipal Act, if any part of a fine for a contravention of
this by-law remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, including any
extension of time for payment ordered under that section, the Town may give the
Person against whom the fine was imposed a written notice specifying the amount of
the fine payable and the final date on which it is payable, which shall be not less than
twenty one (21) days after the date of the notice.
16.5 If the fine remains unpaid after the final date specified in the notice, the fine shall be
deemed to be unpaid taxes for the purposes of section 351 of the Municipal Act.
16.6 In accordance with section 441.1 of the Municipal Act, any part of a fine owing pursuant
to this by-law or a related provincial offence may be added to the tax roll for any property in the Town of Tillsonburg for which all of the Owners are responsible for
paying the fine, and collect such fine in the same manner as municipal taxes.
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SECTION 17
NOTICE
17.1 Any notice pursuant to this By-law may be given in writing in any of the following ways
and is effective:
(a) on the date on which a copy is delivered to the Person to whom it is addressed;
(b) on the fifth day after a copy is sent by registered mail to the Person’s last
known address;
(c) upon the conclusion of the transmission of a copy by facsimile to the Person’s
last known facsimile number; or
(d) upon the sending of a copy by email transmission to the Person’s last known
email address.
17.2 Without limiting subsection 17.1, any notice to an Owner pursuant to this By-law is
effective on the fifth day after a copy is sent by registered mail to the address for that
Owner on the municipal assessment roll.
SECTION 18
SEVERABILITY
18.1 In the event any section or sections of this By-law or parts of it are found by a Court to
be illegal or exceed the power of the Council to enact, such section, or sections, or parts thereof shall be deemed to be severable and all other sections, or parts of this
By-law shall be deemed to be separate and independent and shall continue in full
force.
SECTION 19
REPEAL AND TRANSITION
19.1 The Town’s By-Law No. 3058 is hereby repealed in its entirety.
19.2 Notwithstanding subsection 19.1, the provisions of By-Law No. 3058 will be deemed to
continue in force and effect with respect to any and all orders, appeals or prosecutions
issued, filed or commenced under that by-law, and any assessment, rate, charge, tax, fee, liability or penalty outstanding under that by-law may be collected as if that by-law
had not been repealed.
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SECTION 20
EFFECTIVE DATE
20.1 This By-Law shall take effect on the date of its final passage by Council.
READ A FIST AND SECOND TIME THIS _______ DAY OF _______, 2016
READ A THIRD AND FINAL TIME AND PASSED THIS _______ DAY OF _______, 2016
______________________________ Mayor – Stephen Molnar
______________________________
Town Clerk – Donna Wilson
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 4008
A BY-LAW to regulate swimming pool enclosures in the Town of Tillsonburg.
WHEREAS subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
(the “Municipal Act”), provides that municipal powers shall be exercised by by-law;
AND WHEREAS subsections 11(1), (3) and (4) of the Municipal Act authorize the
municipal council (“Council”) of The Corporation of the Town of Tillsonburg (the
“Town”) to provide certain services and things that the Town considers necessary or
desirable for the public, including the passage of by-laws respecting fences, signs and other structures;
AND WHEREAS the Town may enact by-law provisions that (without limitation)
create offences, impose fines, authorize orders to achieve compliance or discontinue
contraventions, authorize inspections, authorize remedial work and provide for the collection of remediation costs, pursuant to Part XIV of the Municipal Act, including
sections 425, 429, 435 - 438, 441.1 and 444 - 446;
AND WHEREAS Council deems it desirable and expedient to regulate swimming pool
enclosures in the Town of Tillsonburg;
NOW THEREFORE Council hereby enacts the following:
SECTION 1
SCOPE OF BY-LAW
1.1 SHORT TITLE
This By-law, as amended from time to time, shall be known as the “Pool Enclosure
By-law.”
1.2 INTENT AND SCOPE
The purpose of this By-law is to regulate Swimming Pool Enclosures within the Town
of Tillsonburg.
1.3 CONTENT OF BY-LAW
All references in this By-law to sections, requirements, exceptions, tables, figures, schedules and maps, refer to those in this By-law unless otherwise indicated.
Headings given in this By-law are for convenience only, and do not form part of this
By-law.
1.4 RELATION TO OTHER GOVERNMENT REQUIREMENTS (COMPLIANCE WITH OTHER REGULATIONS)
This By-law shall not be construed so as to reduce or mitigate restrictions or
requirements that are Lawfully imposed by the Town or by any governmental
authority. Without limiting the foregoing, compliance with this By-law does not
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relieve any Person from complying with:
(a) legislation or regulations imposed by the Governments of Canada or
Ontario, including (without limitation) the Ontario Building Code, O. Reg. 332/12; and
(b) by-laws enacted by the County of Oxford or other By-laws enacted by the
Town.
SECTION 2
DEFINITIONS AND INTERPRETATION
2.1 DEFINITIONS
The terms set out below shall have the following meanings in this By-law:
“Building” means any structure consisting of one or more of a wall, roof or floor, and
used or intended to be used for the shelter, accommodation or enclosure of Persons, animals, or goods.
“Chief Building Official” means the Chief Building Official of the Town.
“Construct” means to do anything in the erection, installation, extension or material
alteration or repair of a structure, including (without limitation):
(a) anything in the erection, installation, extension or material alteration or repair of a Building, Swimming Pool Area, Swimming Pool Enclosure or
Temporary Enclosure;
(b) the installation of a structure fabricated or moved from elsewhere,
including (without limitation) the structures listed in (a); and
(c) work in preparation for any of the acts described above;
and “construction” has a corresponding meaning;
“Corner Lot” means a Lot situated at the intersection of two Street Lines with an
interior angle of intersection of not more than one hundred and thirty-five (135)
degrees, provided that:
(a) where the Lot abuts only one Street Line on a curving roadway, it is deemed to abut an intersection of two equal portions of that Street Line;
and
(b) where either of the intersecting Street Lines is on curving roadway, the
line used for calculating the angle of intersection will be the tangent drawn
through the Lot’s point of extremity abutting that Street Line;
and the corner of such a Lot will be the point at or closest to the Street Line
intersection, but this definition shall exclude any portion of a lot further than 30 metres
(98.4 feet) from the corner, measured along a Street Line.
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“Council” means the Municipal Council of the Corporation of the Town of
Tillsonburg.
“Effective Grade Level” at a given point means the highest level of the ground within
0.5 metres (3 feet 3 inches) horizontally in any direction from that point.
“Exterior” means the vertical surface of a fence, Swimming Pool Enclosure, deck or
ramp, provided that such surface:
(a) does not face a Swimming Pool or Swimming Pool Area; and
(b) does not face the contained portion of the lands that is covered, delineated or
enclosed by the fence, Swimming Pool Enclosure, deck or ramp.
“Gate” shall mean any part of a Swimming Pool Enclosure that opens on hinges,
including (without limitation) a door located in the wall of an attached or detached
garage or carport where such wall forms part of the Swimming Pool Enclosure.
“Hedgerow” means one or more hedges, bushes, shrubs, compact evergreen
plantings, or any similar organic growth.
“Height” of any Gate, segment or feature of a Swimming Pool Enclosure means the
vertical distance between the top of such Gate, segment or feature and:
(a) the Effective Grade Level at that point, if the Gate, segment or feature is not
located on or above a deck or similar platform; or
(b) the surface of any deck or similar platform on or above which the gate or segment is located.
“Hydro Massage Pool” means a body of water that is encased artificially, whether
located above or below grade, and includes (without limitation) a hot tub, Jacuzzi, spa
or whirlpool.
“Lawful” means in accordance with the common law, statutes and regulations of Canada and Ontario, the by-laws of the County of Oxford and the by-laws of the Town
other than this By-law;
“Lock” means a locking device designed to be unlocked or deactivated only with a
key, password, combination or biometric identification, or some grouping of such
methods.
“Lot” means:
(a) a parcel of land with a boundary defined by an original survey or by a
registered plan of subdivision, unless such registered plan of subdivision is
designated by a by-law passed pursuant to subsection 50(4) of the Planning Act, R.S.O. 1990, c. P.13; or
(b) a parcel or tract of land with a different registered owner (or registered
owners) from adjacent lands.
“Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
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“Officer” means an individual appointed by Council or by a designate of Council for
the purpose of (or for purposes that include) enforcing one or more municipal by-
laws, and includes (without limitation) the Chief Building Official.
“Owner” a registered owner of land, or any Person in control of land, including (without limitation) a lessee or an occupant thereof.
“Person” means an individual, firm, corporation, association or partnership.
“Sight Triangle” means the space formed by the intersecting Street Lines of a
Corner Lot and a line drawn from a point on one of the said Street Lines to a point on
the other said Street Line, provided that:
(a) the line intersects both street lines at an equal distance from the corner of the
Corner Lot; and
(b) the line is 9 metres (29 feet 6 inches) from the corner of the corner lot at its
closest point.
"Street Line" means the limit of the roadway allowance and is the dividing line between a Lot and a street or other roadway.
“Swimming Pool” means any body of water located outdoors on a privately owned
Lot, whether above or below finished grade, and used or designed for swimming,
diving or both, provided that such body of water:
(a) is contained at least in part by artificial means;
(b) has one or more points with a depth that may exceed 610 mm (24 inches);
and
(c) has a potential liquid surface area exceeding 2.0 metres² (21.5 feet²);
and includes (without limitation) a Hydro Massage Pool but does not include any
decorative pond or storm water management pond.
“Swimming Pool Area” means the area of a Lot occupied by a Swimming Pool and
any adjacent platforms, walkways, play areas or landscaped areas that are used, or
are intended or capable of being used, in conjunction with the Swimming Pool.
“Swimming Pool Enclosure” means a wall, structure or Building, or any
combination thereof, including (without limitation) a fence combined with a deck, that encloses a Swimming Pool Area or any part of a Swimming Pool Area, but does not
include a Temporary Enclosure.
“Temporary Enclosure” means a structure used for the purposes of temporarily
enclosing a Swimming Pool or excavation.
“Town” means The Corporation of the Town of Tillsonburg.
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SECTION 3
EXCLUSIONS
3.1 Existing Enclosures – Deemed to Comply
Notwithstanding the provisions of this By-law, any Swimming Pool Enclosure that lawfully existed prior to the effective date of this By-law shall be deemed to comply
with this By-law and may be maintained with the same material, Height and
dimensions as previously existed, including (without limitation) any repair work.
3.2 Required to Maintain
The Owner of any Lot shall maintain each Swimming Pool Enclosure thereon and ensure that it is in safe condition and in good repair.
3.3 Decorative Post Caps
The Height restrictions in this by-law will not include any decorative post caps or
similar features that have been pre-approved in writing by the Chief Building Official,
following the submission of construction drawings and other materials required by the Chief Building Official.
SECTION 4
SWIMMING POOL ENCLOSURE HEIGHT AND MATERIAL REQUIREMENTS
4.1 Swimming Pool Enclosure- Height Required
No Person shall have, Construct, maintain or permit to be Constructed or maintained
a Swimming Pool Enclosure, or any part thereof, except in accordance with all of the
following requirements:
(a) minimum Height of 1.52 metres (5 feet);
(b) maximum vertical distance of 50 mm (2 inches) from the Effective Grade Level to the bottom of the Swimming Pool Enclosure;
(c) maximum Height of 2.15 metres (7 feet); and
(d) members, attachments, bracing, rails or supports that could permit or facilitate
climbing on the Exterior face of a Swimming Pool Enclosure shall not be
located at a height of between 100 millimetres (4 inches) and 1.2 metres (4 feet).
4.2 Swimming Pool Area- Height- Raised Platform or Deck
No Person shall Construct a deck or ramp or part thereof serving a Swimming Pool
Area with a vertical distance greater than 0.6 metres (2 feet) from the Effective Grade
Level unless a continuous fence or other guard is Constructed and maintained on top of the deck or ramp and around such deck or ramp’s Exterior perimeter. Such fence
or guard shall have a minimum Height of 1 metre (3 feet 3 inches), and shall not be
Constructed so as to facilitate or permit climbing.
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4.3 Location- Swimming Pool Enclosure- Setback Requirement
No Person shall have, Construct, maintain or permit to be Constructed or maintained
a Swimming Pool Enclosure, or part thereof, in either of the following locations:
(a) within 1.0 metre (3 feet 3 inches) horizontally of any permanent physical object, growth or geographical feature, or any combination thereof, that permits or
facilitates the climbing of such Swimming Pool Enclosure; or
(b) within 1.2 metres (4 feet) horizontally from the nearest inside wetted surface of
the Swimming Pool wall.
4.4 Swimming Pool Enclosure- Materials- Chain Link
No Person shall have, Construct, maintain or permit to be Constructed or maintained
a Swimming Pool Enclosure, or any part thereof, using chain link materials unless
such Swimming Pool Enclosure is pre-approved in writing by the Chief Building
Official or meets all of the following requirements:
(a) all chain link materials have a diagonal mesh length not greater than 38 millimetres (1.5 inches) consisting of 13 gauge galvanized steel wire, or of 11
gauge steel wire covered with vinyl, or consisting of another product approved
by the Chief Building Official which would yield a total thickness equivalent to
12 gauge wire;
(b) it has no rails, bracing or exposed attachments on the Exterior that could facilitate or permit climbing from the Exterior; and
(c) top and bottom rails are firmly fastened to upright posts, which rails consist of
galvanized steel pipe at least 32 millimetres (1.25 inches) thick, provided that a
continuous galvanized steel tension rod at least 5 millimetres (0.2 inches) thick
may be substituted for the bottom rail.
4.5 Swimming Pool Enclosure- Materials- Vertical Panel
No Person shall have, Construct, maintain or permit to be Constructed or maintained
a Swimming Pool Enclosure, or any part thereof, using vertical panel materials unless
such Swimming Pool Enclosure is Constructed as pre-approved in writing by the
Chief Building Official, or in accordance with all of the following requirements:
(a) vertical members are of at least 25 millimetres (1 inch) nominal thickness
attached to a top and bottom rail;
(b) vertical members are not spaced more than 38 millimetres (1.5 inches) apart;
(c) support posts are at least 89 millimetres (3.5 inches) x 89 millimetres (3.5
inches) nominal dimensions;
(d) support posts are spaced not more than 2.4 metres (8 feet) apart;
(e) support posts extend at least 1.2 metres (4 feet) below the Effective Grade
Level and are securely embedded into the ground;
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(f) support posts that consist of wood are treated with an approved wood
preservative or be of pressure-treated wood, encased in concrete; and
(g) top and bottom rails are firmly fastened to upright posts and are at least 38
millimetres (1.5 inches) x 89 millimetres (3.5 inches) nominal dimensions.
4.6 Swimming Pool Enclosure- Materials- Metal Picket
No Person shall have, Construct, maintain or permit to be Constructed or maintained
a Swimming Pool Enclosure, or any part thereof, using metal picket or tube
construction unless such Swimming Pool Enclosure is Constructed as pre-approved
in writing by the Chief Building Official, or in accordance with all of the following requirements:
(a) vertical members are spaced not more than 100 millimetres (4 inches) apart;
(b) vertical members are attached to a supporting structure that does not contain
any diagonal members or framework and does not otherwise facilitate or permit
climbing;
(c) posts extend at least 1.2 metres (4 feet) below the Effective Grade Level and
are securely embedded into the ground;
(d) posts are spaced not more than 2.4 metres (8 feet) apart; and
(e) top and bottom rails are firmly fastened to the vertical members, maintain a
minimum 1.2 metres (4 feet) vertical separation at all locations and are at least 25 millimetres x 6 millimetres (1.0 inches x 0.25 inches) in dimension.
SECTION 5
SWIMMING POOL ENCLOSURE GATES
5.1 Swimming Pool Gate- Requirements
No Person shall have, Construct, maintain or permit to be Constructed or maintained
a Gate except in accordance with all of the following requirements:
(a) the Gate’s construction type and Height matches all other requirements
applicable to a Swimming Pool Enclosure pursuant to this By-law;
(b) the Gate is supported on hinges of sufficient quantity and strength to safely allow entrance and exit at all times;
(c) the Gate is self-closing and equipped with a self-latching device placed on the
side facing the pool;
(d) each self-latching device has a minimum height of 1.2 metres (4 feet);
(e) the Gate is equipped with an operable Lock; and
(f) the Gate is kept locked at all times except when the Swimming Pool is in use.
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5.2 Swimming Pool Enclosure- Entrance Through Garage
No Person shall have, Construct, maintain or permit to be Constructed or maintained
an entrance to a Swimming Pool Area through a door from a detached or attached
garage unless the door complies with subsection 5.1 of this By-law.
SECTION 6
TEMPORARY ENCLOSURE
6.1 Temporary Enclosure- Required
No Person shall have, Construct, maintain or permit to be Constructed or maintained a Swimming Pool unless a Temporary Enclosure or Swimming Pool Enclosure is
already installed in accordance with this By-law.
6.2 Temporary Enclosure- Materials
No Person shall have, Construct, maintain or permit to be Constructed or maintained a temporary enclosure, or any part thereof, except as pre-approved in writing by the
Chief Building Official or in accordance with all of the following requirements:
(a) minimum Height of 1.2 metres (4 feet);
(b) it consists of mesh fence with the diagonal mesh length not greater than 38
mm (1.5 inches); and
(c) it has steel T-bar supports installed every 3 metres (9.8 feet) with a 9 gauge galvanized steel wire located at the top and bottom of the Temporary
Enclosure.
6.3 Temporary Enclosure- Replacement
No Person shall have, use, maintain or permit to be used or maintained a Swimming
Pool unless a Swimming Pool Enclosure is installed in accordance with this By-law.
SECTION 7
HYDRO MASSAGE POOL
7.1 Hydro Massage Pool- Secure Cover
No Person shall have, Construct, maintain or permit to be Constructed or maintained a Hydro Massage Pool, unless the hydro massage pool includes a cover capable of
closing the opening to the Hydro Massage Pool, featuring an operable Lock.
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SECTION 8
ADMINISTRATION AND ENFORCEMENT
8.1 Subject to sections 435 and 437 of the Municipal Act, including the provision of notice to
an occupant of land when required, and production of the Officer’s identification when requested, an Officer may enter land or a Building at any reasonable time for the
purpose of carrying out an inspection to determine whether or not the following are being
complied with:
(a) this By-law;
(b) a direction, authorization, requirement, condition or order made under this By-law; or
(c) an order made under section 431 of the Municipal Act in respect of a
contravention of this By-law.
8.2 No Person shall remove an order, notice or direction posted on land or on a structure
indicating that it was posted under this By-law, except an Officer.
8.3 An Officer may, for the purposes of an inspection under this By-law:
(a) require the production for inspection of documents or things relevant to the
inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information from any Person concerning a matter related to the
inspection, including (without limitation) requiring expert or other examinations,
testing, reports or as-constructed plans to be obtained and provided; and
(d) alone or in conjunction with a Person possessing special or expert knowledge,
make examinations or take tests, samples or photographs necessary for the purposes of the inspection.
8.4 A receipt shall be provided for any document or thing removed under subsection 8.3 and
the document or thing shall be promptly returned after copies or extracts are made.
8.5 Any sampling done during an inspection shall be done in accordance with subsections (3) and (4) of section 436 of the Municipal Act.
8.6 An inspection requirement, direction or order made to a Person under this section may
be given verbally, but where the Town intends to act upon such matter at the expense of
the Person, the requirement, direction or order shall be made in writing and provided to
the Person in accordance with the notice provisions of this By-law.
8.7 An Officer may undertake an inspection pursuant to an order of a court issued under section 438 of the Municipal Act, provided however that in the case of an order
authorizing an inspection of a room or place actually being used as a dwelling the
occupant is given notice concerning when the inspection will be carried out.
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SECTION 9
VARIANCE AND DELEGATION OF AUTHORITY
9.1 Any variance from this By-law will require the approval of Council. Such variance
application will require a site plan showing the location of the proposed Swimming Pool Enclosure and drawings showing the type and Construction of the Swimming Pool
Enclosure. The variance application with be submitted on the form prescribed by the
Chief Building Official, and the Chief Building Official shall make a recommendation to
Council regarding the disposition of the application. Decisions of Council are final.
Council hereby delegates authority to the Chief Building Official with regard to the receipt and disposition of variance applications under this By-law, as Council is of the opinion
that the delegated powers are of a minor nature.
SECTION 10
SWIMMING POOL ENCLOSURES – ADDITIONAL PROHIBITIONS
10.1 Prohibited- Organic Features
No Person shall have, use or permit to Construct or maintain a Hedgerow, earth
berm, natural or manmade topographic features or any other organic feature as a
Swimming Pool Enclosure or as a part thereof.
10.2 Prohibited- Abandonment
No Person shall abandon, discontinue or suspend the construction of a Swimming
Pool Enclosure prior to full compliance with this by-law, or cause such Swimming Pool
Enclosure to be left incomplete following the construction of a Swimming Pool.
10.3 Prohibited- Unsafe Condition
No Person shall cause or permit an unsafe or hazardous condition to occur during the Construction of a Swimming Pool or Swimming Pool Enclosure.
10.4 Prohibited- Location- Sight Triangle
No Person shall have, construct or maintain or permit to be Constructed or
maintained a Swimming Pool Enclosure, or any part thereof, within a Sight Triangle.
10.5 Contravention of an Order
No Person shall contravene an order issued pursuant to this By-law.
10.6 Obstruction
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Person who
is exercising a power or performing a duty under this By-law, including (without
limitation) carrying out an inspection.
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SECTION 11
ORDER TO DISCONTINUE ACTIVITY
11.1 Without limiting the orders that an Officer may make pursuant to this By-Law, if an
Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an order requiring the Person who contravened the By-law or who caused or
permitted the contravention or who is the Owner of the land on which the contravention
occurred to discontinue the contravening activity.
11.2 An order under this section shall set out:
(a) reasonable particulars adequate to identify the contravention to be discontinued and the location of the land on which the contravention occurred;
and
(b) the deadline for compliance.
11.3 An order under this section shall be delivered in accordance with the notice provisions
of this By-law.
SECTION 12
WORK ORDER
12.1 Without limiting the orders that an Officer may make pursuant to this By-Law, if an
Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an order requiring the Person who contravened the By-law or who caused or
permitted the contravention or who is the Owner of the land on which the contravention
occurred to do work to correct the contravention.
12.2 An order under this section shall set out:
(a) reasonable particulars adequate to identify the contravention to be discontinued and the location of the land on which the contravention occurred;
(b) the deadline for compliance; and
(c) the work to be done, which may include obtaining all permits and inspections
required by law.
12.3 An order under this section shall be delivered in accordance with the notice provisions of this By-law.
SECTION 13
FAILURE TO COMPLY AND COST RECOVERY
13.1 Where a Person defaults in complying with a direction, requirement or order under this
By-law to do a matter or thing, an Officer or agent on behalf of the Town may, with
such assistance from others as may be required, enter the land on which the
contravention occurred at any reasonable time, and carry out such direction,
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requirement or order at the Person’s expense.
13.2 In accordance with section 446 of the Municipal Act, the Town may recover the costs
from the Person directed, required or ordered to do a matter or thing under this By-law,
by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes, and such costs shall include interest at an annual rate of 15 per
cent.
13.3 For the purposes of subsection 13.2, interest shall be calculated for the period
commencing the day the Town incurs the costs and ending on the day the costs
including the interest are paid in full.
13.4 The amount of the Town’s costs incurred plus interest to the date payment is made in
full, constitutes a lien upon the land, upon the registration of a notice of lien upon the
land.
SECTION 14
OFFENCES, PENALTY AND FINE RECOVERY
14.1 Subject to subsection 14.2, any Person who contravenes a provision of this By-law,
and an officer or director of a corporation in the event of a contravention by a
corporation, is guilty of an offence and upon conviction is liable to a fine or penalty as
follows:
(a) for a first offence, a minimum of $350.00 and a maximum of $5,000.00;
(b) for a second offence, a maximum of $15,000.00; and
(c) for a third or subsequent offence, a maximum of $30,000.00.
14.2 Any Person who contravenes any order made under this By-law, or an officer or
director of a corporation in the event of a contravention by the corporation, is guilty of a continuing offence and upon conviction is liable to a daily fine or penalty of a maximum
of $2,500.00 for each day or part of a day that the offence continues, and despite
subsection 14.1 the total of all the daily fines imposed for an offence is not limited by
the maximums listed in subsection 14.1.
14.3 If this by-law is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been
entered and any court of competent jurisdiction thereafter may make an order,
(a) prohibiting the continuation or repetition of the offence by the Person convicted;
and
(b) requiring the Person convicted to correct the contravention in the manner and within the period that the court considers appropriate.
14.4 Pursuant to section 441 of the Municipal Act, if any part of a fine for a contravention of
this by-law remains unpaid after the fine becomes due and payable under section 66 of
the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, including any
extension of time for payment ordered under that section, the Town may give the Person against whom the fine was imposed a written notice specifying the amount of
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the fine payable and the final date on which it is payable, which shall be not less than
twenty one (21) days after the date of the notice.
14.5 If the fine remains unpaid after the final date specified in the notice, the fine shall be deemed to be unpaid taxes for the purposes of section 351 of the Municipal Act.
14.6 In accordance with sections 441.1 of the Municipal Act, any part of a fine or cost owing
pursuant to this by-law or a related provincial offence may be added to the tax roll for
any property in the Town of Tillsonburg for which all of the Owners are responsible for
paying the fine or cost, and collect such fine or cost in the same manner as municipal
taxes.
SECTION 15
NOTICE
15.1 Any notice pursuant to this By-law may be given in writing in any of the following ways
and is effective:
(a) on the date on which a copy is delivered to the Person to whom it is addressed;
(b) on the fifth day after a copy is sent by registered mail to the Person’s last
known address;
(c) upon the conclusion of the transmission of a copy by facsimile to the Person’s
last known facsimile number; or
(d) upon the sending of a copy by email transmission to the Person’s last known
email address.
SECTION 16
SEVERABILITY
16.1 In the event any section or sections of this By-law or parts of it are found by a Court to
be illegal or exceed the power of the Council to enact, such section, or sections, or
parts thereof shall be deemed to be severable and all other sections, or parts of this
By-law shall be deemed to be separate and independent and shall continue in full
force.
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SECTION 17
EFFECTIVE DATE
17.1 This By-Law shall take effect on the date of its final passage by Council.
READ A FIST AND SECOND TIME THIS _______ DAY OF __________, 2016
READ A THIRD AND FINAL TIME AND PASSED THIS ________ DAY OF _________ , 2016
______________________________ Mayor – Stephen Molnar
______________________________
Town Clerk – Donna Wilson
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Short Form Wording- Pool Enclosure
Short Form Wording Section Set Fine
Fail to enclose swimming pool
during construction
6.1 $350.00
Fail to enclose swimming pool 6.3 $350.00
Construct, have or permit
improper temporary swimming
pool enclosure
6.2 $350.00
Fail to equip hydro massage pool
with secure cover
7.1 $350.00
Fail to equip swimming pool gate
with self-closing device
5.1 (c) $350.00
Fail to equip swimming pool gate
with self-latching device
5.1 (d) $350.00
Fail to equip swimming pool gate
with operable lock
5.1 (e) $350.00
Fail to maintain swimming pool
fence to a safe condition and
good repair
3.2 $350.00
Construct, have or permit
swimming pool enclosure not in
compliance with height
requirements
4.1 $350.00
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STAFF REPORT
FINANCE
Title: Funding of the Remaining Liability for Vacation Pay
Report No.: FIN 16-17
Author: DARRELL EDDINGTON
Meeting Type: COUNCIL MEETING
Council/Committee Date: MARCH 29, 2016
Attachments: FIN 15-14 LIABILITY FOR VACATION PAY
RECOMMENDATION
THAT Council receives report FIN 16-17 Funding of the Remaining Liability for Vacation
Pay;
AND THAT the Vacation Pay Liability be funded from the 2015 surplus in the amount of $135,000;
AND THAT $134,797 be contributed to specific reserves for funding of the remaining
portion of the Vacation Pay Liability in 2016.
EXECUTIVE SUMMARY
At the Council meeting of April 11, 2015 the attached report was presented to Council. As was
discussed at this meeting and as was presented and discussed by the auditor when the 2014
Town financial statement was presented at the June 11, 2015 Council meeting, there was a
three year funding plan of the liability for vacation pay. Since there was no funding resolution in
2015, other than the 2014 portion, this report requests Council to fund not only the 2015 portion of $135,000 but the final portion in 2016 of $134,797.
The 2015 surplus as reported to Council at the February 28, 2016 meeting, before yearend
adjustments, was $314,514. The current surplus before the above recommendation or any
other yearend adjustments is $270,311. 2015 yearend adjustments to date are primarily made up of insurance claims/deductible of $21,820 and a tax adjustment of $23,400. If the above
recommendation is approved by Council, the 2015 surplus will be sufficient to cover the
funding of the vacation pay liability.
An alternative recommendation that staff considered proposing is to 100% fund the remaining vacation pay liability with the 2015 surplus. However, as long as a specific reserve contribution
is approved by Council, the non-optional 2016 funding for the vacation pay liability is secured
and therefore there is no need to 100% fund the remaining liability.
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STAFF REPORT
FINANCE
Report Title: LIABILITY FOR VACATION PAY
Report No.: FIN 15-14
Author: Andrew Jones/Darrell Eddington
Meeting Type: COUNCIL MEETING
Council Date: MARCH 23, 2015
Attachments:
RECOMMENDATION:
THAT Council receive Report FIN 15-14 Liability for Vacation Pay as information.
EXECUTIVE SUMMARY
As Council will recall, at the Council meeting of February 26, 2015, the Director of Finance
noted an unrecorded and unfunded liability of approximately $450,000 with respect to
vacation pay in the December 31, 2014 Q4 financial results. This report explains how the
liability arose and the requirement to record the liability in the Town’s financial statements.
Employees are entitled to take vacation time they earn for a particular year of service as
paid time off in the following year. It is the current practice of the Town to record the
salaries expense for vacation time in the year vacation days are actually used by employees (on a cash basis). Accounting standards, however, require that the Town record the salaries
expense for vacation time in the year in which employees render the service entitling them
to vacation time (on an accrual basis). However, under section 3255 of the Public Sector
Accounting Standards, municipalities can defer the liability if the vacation pay is not taken
within one year and the liability is unfunded.
Given this one year lag between when vacation time is earned by employees (the point at
which an expense should be recorded in the Town’s financial statements) and when vacation time is taken by employees as paid time off (the point at which an expense is
currently being recorded in the Town’s financial statements) a review of the past two years,
2013 and 2014, was completed to understand and quantify the liability.
For example, as of December 31, 2013, there was approximately $360,000 in vacation time earned by employees for service rendered during 2013, which was not recorded as an
expense in the 2013 financial statements. Rather, the expense for the $360,000 was
recorded in the 2014 financial statements when employees actually took the time off related to the vacation time they earned for 2013 service. The 2014 financial statements, in
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turn, do not currently record the cost of vacation earned by employees related to the 2014
service, which they will be entitled to take as paid time off in 2015. As far as Finance can
determine, this one year lag has existed as long as the Town (many years) has followed the
policy of requiring employees to accrue one year of vacation entitlement before taking vacation time as paid time off. This lag was discovered by Finance and Human Resources
after the adoption of the 2014 budget and was brought to the attention of Council at the
following Council meeting, February 26, 2015.
As noted above, the financial statements of the Town have historically recorded the prior
year’s vacation expense rather than the current year’s expense. This does not cause a
significant issue in terms of the annual expense recorded, since vacation expense does not
vary significantly from year-to-year. In order to bring the Town’s financial statements into
compliance with accrual accounting, the one-year lag needs to be recorded as an expense,
potentially causing a one-time increase in the years’ vacation expense to eliminate the lag.
The expense will result in the creation of a liability (or amount owing to employees) since the expense is settled in the following year when employees take their vacation time. How
this expense is to be recorded, in one year versus phased in over time, has been a
significant matter of discussion and research for Finance, and is discussed further below.
It is emphasised that the unrecorded vacation liability does not need to be satisfied by a
cash payment and can be managed through employees taking a sufficient amount of
vacation days as paid time off to draw down the liability over a number of years. To be
clear, vacation banks owing to employees have been recorded in accordance with the Town's vacation policy. This matter is a financial statement accrual matter, where the
liability the Town owes to employees, in terms of future vacation days, was not fully
recorded in the financial statements in the period employees worked to earn those days.
Staff is recording $135,000 of the $405,000 liability as at December 31, 2014 in the 2014
financial statements which will increase the 2014 salary expense, 2014 deficit and use of
reserves by $135,000. One third of the liability was recorded reflecting the vacation pay
anticipated to be taken within one year. The full amount of THI’s vacation liability for
employees engaged in THI functions in the amount of $67,000 is not included in this liability
and will be separately recorded in their 2014 financial statements.
Staff is further recording a $270,000 liability as an “unfunded liability” in the 2014 financial
statements, part of the Town’s accumulated surplus. An unfunded liability is an amount for
which future payments are larger than the funds currently budgeted to meet those
payments (i.e. specific funds are not earmarked for payment of the liability). As a result of
treating vacation time to be used in subsequent years as an unfunded liability, no increased
salaries expense for this liability will be recognized in the 2014 financial statements and
there will be no change to the 2014 deficit. This unfunded liability will be disclosed in the
notes to the financial statements.
It should be emphasized that the Town has always funded vacation costs as they are taken
by employees and that the recognition of additional liabilities results from a change in accounting treatment (a move from recognizing vacation expense on a cash basis to an
accrual basis). The only change in funding will be to accelerate how quickly employees take
vacation time, so as to draw down the recorded liabilities.
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CONSULTATION/COMMUNICATION
Throughout the identification and analysis of this issue Finance has consulted with the
Town’s auditor and the Finance departments of other municipalities. The Town’s auditor is in agreement with the accounting treatment proposed in this report. And it was through
consultation with other municipalities and the auditor that the possibility of unfunded
liability treatment, as discussed in this report, was discovered and included as part of the recommendations of this report.
COMMUNITY STRATEGIC PLAN IMPACT
No specific impact is noted.
FINANCIAL IMPACT/FUNDING SOURCE
Liability as at December 31, 2014 (rounded to the nearest $1,000):
Total vacation time earned by Town employees
as of December 31, 2014 $450,000
2014 liability recorded for vacation time carried forward (45,000)
2014 vacation entitlement $405,000
2014 recorded vacation expense $135,000
2014 unfunded vacation liability $270,000
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STAFF REPORT RECREATION, CULTURE & PARKS
Title: Jan-Mar 2016 RCP Departmental Activity Reports
Report No: RCP 16-09
Author: Rick Cox, Director of Recreation, Culture & Parks
Meeting Type: COUNCIL MEETING
Council/ Committee Date: APRIL 11, 2016
Attachments:
• Jan-Mar 2016 Activity - Recreation Programs & Services
• Jan-Mar 2016 Activity – Culture & Heritage
• Jan-Mar 2016 Activity – Parks & Facilities
RECOMMENDATION THAT Council receive Report RCP 16-09 – Jan-Mar 2016 RCP Departmental Activity
Reports for information.
EXECUTIVE SUMMARY Attached are activity reports from the Recreation Programs & Services Division, the
Culture & Heritage Division and from the Parks & Facilities Division. These updates are
provided for Council’s information.
CONSULTATION/COMMUNICATION
N/A
FINANCIAL IMPACT/FUNDING SOURCE
N/A
COMMUNITY STRATEGIC PLAN (CSP) IMPACT Goal 1.2 of the CSP speaks of the need for Communication & Collaboration. By providing
regular activity updates to Council, the Department is contributing to achieving this Goal.
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STAFF REPORT RECREATION, CULTURE & PARKS
Title: Jan-Mar 2016 Activity Report - Recreation Programs and Services
Report No: RCP 16-09
Author: Janet McCurdy, Recreation Programs & Services Manager
Meeting Type: COUNCIL MEETING
Council/ Committee Date: APRIL 11, 2016
Attachments:
BUSINESS SERVICES TEAM The Business Services Team is responsible for:
• Administration; • Customer service & reception; • Advertising, merchandise & vending sales;
• Marketing; • Program registration; and • Facilities bookings & rentals.
Administration Following meetings with arena users, the leagues have been adhering to the Municipal Alcohol policy and arena rental contract terms. Staff are working with the teams and giving adequate time warnings to vacate dressing rooms. All staff, administration and operations, will continue to monitor any contraventions advising leagues promptly. As per the arena
terms and Municipal Alcohol Policy, some teams have had games and or practices cancelled and alerts placed on their accounts.
A building-wide training was held with all staff, part time and full time on February 28th. The new Concussion Policy was introduced and an information session on concussion injuries was presented by Oxford County Board of Health. CPR skills and Customer Service skills were reviewed with all staff.
Programs & Facilities All 4 Coke vending machines have now been replaced with 2 large glass front and 2 smaller vendors. Coke has been contacted with regards to concerns about the machines, length of time to replace them as well as product being
programmed in them. Family Day was a great success. The building was very busy with all rooms and both ice surfaces being used. Tournament cancellations were an issue in the first quarter as both the Hockey Mom’s Tyke Tournament and Tillsonburg Ringette tournaments were cancelled. Tillsonburg Ringette was able to host a one day event including a National Ringette League game.
Ball diamond request forms were sent out and returned. Contracts have been prepared and sent to all seasonal users and special events. All spring and summer ice requests have been returned and contracts prepared. Contracts have been sent out to all spring & summer “seasonal” users. Sales & Services A halt on new fence advertising on ball diamond fences has been put in place until further direction is received from Council.
As contracts expire, they are not being renewed. There are regular inquiries coming in from people interested in advertising on the Kiwanis fences. The Spring/summer issue of the recreation guide has made a profit of $876.73 from advertising. Two advertisers on backlit signs in Memorial rink did not renew their contract, however because of a waitlist, these spots are being filled.
Looking ahead to the Next Quarter Summer part time students will begin to work at the Customer Service Desk. They will also assist in the set-up of the Lake
Lisgar Waterpark front desk and canteen. Full time RCP staff will be attending the annual PRO Conference in Collingwood in
April. There will be a full day of recreational software presentations including: Intelligenz Solutions, MaxGalaxy, Legend and Innosoft Fusion. This will be an opportunity to gain a better understanding of available solutions by hearing about and
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seeing products, meeting the vendors, collecting information to inform the town’s procurement decision and discussing transition interest and strategies with other attendees. There is considerable interest in advertising in the building and
directly outside. Research will be done on digital signs and opportunities as an alternative to fence advertising. • Tillsonburg Spring Show April 9th & 10th on Community Arena floor • Year-end Skating Carnival on Memorial Arena April 8th & 9th. • Ball season will kick off in April weather permitting. We will be hosting five tournaments in the first part of the
season. • The Chamber of Commerce Awards of Excellence and the Old Sox Steak Stag are booked for May. • Opening day of the Lake Lisgar Water Park will be taking place on June 18.
AQUATICS TEAM The Aquatics Team is responsible for:
• swimming instruction; • indoor pool lifeguards;
• waterpark lifeguards;
• aquafit programming; • drowning prevention outreach programming; and
• lifeguard competition and synchronized swimming teams.
Staff Shortage Upon completion of the summer Aquatic application/interview process it became clear that there are not enough fully qualified Lifeguards/Instructors to fill the summer employment opportunities in the Aquatics Department. The main reason that potential candidates are not choosing the Town of Tillsonburg’s summer aquatics jobs is that there are other
opportunities in the area that offer guaranteed 40 hours per week and a higher wage rate. To resolve this issue Assistant Instructors will be hired to work this summer and fill the support positions at Lake Lisgar Waterpark. Using a combination of Assistants and Fully qualified Lifeguards/Instructors is how operations flowed when staffing was an issue many years ago. The process to hire and train these staff has begun.
Increased Registration for Lessons There is a registration increase for the first two sessions of lessons in 2016 in comparison with 2015. Last year there were
1114 registered participants and this year there have been 1218 in the Learn to Swim Program. Advanced Aquatic courses also saw a slight increase in registrations. Training Completed
During the first quarter Aquatics staff attended a free training session entitled “The Power of the Inbox: Tips and tricks for successful Email marketing” and “Gearing Up for Tourism Season - Build Your Marketing Tool Kit” which also covered additional information on email marketing strategies. Staff successfully completed the Legal Awareness II during the first quarter which resulted in a special meeting with Frank Cowan Company regarding issues that surfaced during training.
Looking ahead to the Next Quarter • Preparations for the Provincial Lifeguard Championships - The town will be hosting the Provincial Lifeguard
Championships (July 30-31). In preparation for this meet a large number of volunteers will be required to ensure the competition operates smoothly. A site visit with the Lifesaving Society will be scheduled within the next month or so and following that meeting the final planning strategies will be developed. • Summer Program/Facility Preparations - The next three months will preparations for the season at the Lake
Lisgar Waterpark. Yearly facility maintenance will need to be completed and summer scheduling will need to be finalized.
PROGRAMS TEAM
The Programs Team is responsible for:
• dry-land fitness instruction;
• health club operations; • adult co-ed sport league programming;
• youth sport programming;
• summer camp programming; and
Adult Programming Adult participation in Community Centre programming has increased significantly since January 2015. This first quarter the
Adult Volleyball once again attained 100% registration with 182 participants. Adult Friendly Badminton ran successfully for its third session in a row with 17 of 20 spaces filled, and Adult Squash court use is up 18% over Q1 2015. Adult yoga has become so popular that a second class was added to the weekly schedule bringing the adult fitness offerings to seven drop-in classes per week.
Bus Trips The Tillsonburg Community Centre offered 2 Bus Trips in Q1, both sold out. The ‘Fly Me to the Moon’ Bus Trip included coach bus transportation, lunch at Bertoldi’s on London’s Richmond Row and admission to see the Grand Theatre’s ‘Fly Me
to the Moon’ theatrical show. The second Bus Trip was offered on a Sunday afternoon in March. The ‘Disney on Ice’ Bus Trip sold out 4 weeks in advance and included transportation via school bus to an ‘All-You-Can-Eat Pizza Hut Buffet’ lunch and seats at ‘Disney on Ice’ in London’s Budweiser Gardens. Each child attending was also given the choice of a princess
crown or prince sword for the show.
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Youth Programming Youth Programming achieved a successful first session. The March Break Camp offered this year was increased from 35 to
40 youth participants per day and still sold out two weeks in advance. Children participated in scheduled skating, swimming, theme days, pottery classes taught by the Station Arts Centre and an afternoon at the movies. Newly created Youth Co-Ed Badminton ran its first session this winter with an 87.5% fill rate. The community skates scheduled from January – March also regularly achieved numbers over 50 with several sessions reaching close to the 160 person capability (Family Day, once
on March Break and once over the Christmas holidays). Looking ahead to the Next Quarter
Both permanent part-time recreation/fitness positions will be vacant as of June 2016. In order to maintain the supervision of the Health Club and success of recreation programming it will be imperative that both these positions are filled. The Health Club will be offering a Student Special starting April 15 – May 15th. Students will be eligible to purchase a three-month student membership and receive a fourth month free. Advertising for this will begin April 1st; the Health Club team
aims to sell over 75 of these memberships. There will be a significant jump from the three types of after school registered programs available for youth in winter (dance, karate, badminton) to six in the Spring (dance, karate, speed skating, volleyball, tennis and basketball). Adults are looking forward to the Roller Skating program’s spring return on Tuesday and
Friday for May-July. There are three Bus Trips being offered in the second Quarter: • In April residents are able to attend the Stratford Festival’s 2016 Opening Show ‘Chorus Line the Musical.’ • In May residents are able to attend a Sunday Toronto Blue Jay’s game via coach bus.
• In June residents are able to attend ‘All Shook Up – An Elvis Tribute’ at the Dunfield Cambridge Theater with an ‘All-you-can-eat-lunch’ at the King’s Buffet.
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STAFF REPORT RECREATION, CULTURE & PARKS
Title: Jan-Mar 2016 Activity – Culture and Heritage
Report No: RCP 16-09
Author: Patricia Phelps, Culture & Heritage Manager/Curator
Meeting Type: COUNCIL MEETING
Council/ Committee Date: APRIL 11, 2016
Attachments:
ACTIVITY REPORT JAN-MAR 2016
The first quarter of 2016 was an active one for museum staff. January saw the removal of all the
Christmas decorating from the museum and the dismantling of the Christmas exhibit. Throughout the
remainder of the quarter, staff organized and implemented the planned activities in the museum’s event calendar. Also during this quarter staff and volunteers undertook the creation of 14 mannequins for the up-coming fashion retrospective exhibit that will occur in the second quarter. This was a major project
that took many hours to complete. Cassidy Adcock, a Co-op student from Glendale High School joined
museum staff in February for her second semester placement. Ms. Adcock will be with the museum until
June and then plans to attend the Travel & Tourism program at St. Clair College in Windsor in September.
Her placement at one of the town’s tourist attractions was seen as a “perfect fit” by the Glendale Co-op
program and both the program administrator and Ms. Adcock have been appreciative of the opportunity for the direct career experience this placement will allow. ATTENDANCE UPDATE
As expected, the attendance figures for the first quarter of 2016 were lower than the first quarter of 2015.
The lower numbers can be attributed to the fact that the series of Courses offered by the Cultural
Improvement Alliance during Q1 of 2015 were not offered again in Q1 2016. These courses accounted for
slightly over 200 visitors to the museum in the first quarter of last year. The museum also saw fewer visitors during Family Day no doubt due to the increased activities at the Community Centre on this day.
It should be noted that staff anticipate a generally lower attendance figure for 2016 over 2015. The
inclusion of the museum on the Shunpiker’s Tour, which saw almost 2,000 people visit the museum in one
day, will not reoccur in 2016 thus the anticipated lower numbers.
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2015 BUSINESS PLAN The majority of the planned exhibits, programs and events for the first quarter were successfully completed. The popular Lunch & Learn Series program was started during this period with the first two
programs offered in February and March. Oxford Creative Connections Inc. once again hosted a Juried Art
Show in the Pratt Gallery during this quarter. Think Spring featured over 40 works (paintings, sculptures,
photographs) by Oxford County artists including Tillsonburg residents. The show was well received by
museum visitors and nine pieces of art were sold during the exhibition run. One piece was purchased by a visitor from Toronto who was part of a Motor coach tour that visited the museum in March. The first workshop in the museum’s new workshop series was completed in the quarter. The workshop was filled to 60% capacity, which staff feels is an acceptable number due to the fact this is a totally new program
offering.
Three events planned in the calendar for the first quarter were not held due to poor participation. The
Valentine Tea planned for February 14th and the Think Spring Flower Show and related flower arranging workshop scheduled for March were not held. It is thought that the fact that the tea was planned for a Sunday (Feb. 14th) was the reason only two tickets were sold. Timing is also thought to the
reason behind the unwillingness of area flower arrangers to participate in the flower show. It has been
suggested that the idea should be revisited during the late spring, summer months when flowers would be
available in their gardens and would not have to be purchased to create the arrangements.
A new program Chats with Pat was implemented by the Culture & Heritage Manager/Curator during the quarter. This program features a half hour informal talk by the Curator highlighting items from the museum’s permanent collection. The program is offered on the first Wednesday of the month and has
been well received to date.
The museum’s Collection and Exhibit Specialist catalogued 250 objects and photographs in the quarter
with the assistance of museum volunteers. The records for these donations were added to the collection management database. One new volunteer was trained on the collection database during this period.
Displays in the gallery rooms within Annandale House were changed by the Exhibit & Collection Specialist
during the quarter. The display A Mixed Medical Bag highlighting items that belonged to Tillsonburg
doctors; Rankin, Mcleod, Joy and Alexander was installed in the gallery room on the second floor. A Man’s
Closet which features items such as pipes, canes, shoes, shirts, etc. was created in the tower room on the third floor of Annandale House. Smaller display cases throughout the building were also changed during this period.
The museum’s Culture & Heritage Program Coordinator finalized the details for the museum’s Lunch &
Lecture series, planned a Spring Bus Trip to the Butterfly Conservatory in Cambridge and assisted with the
installation of the Mixed Medical Bag display in Annandale House and the mannequin project during this
quarter.
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STAFF REPORT RECREATION, CULTURE & PARKS
Title: Jan-Mar 2016 Activity – Parks and Facilities
Report No: RCP 16-09
Author: Corey Hill, Parks & Facilities Manager
Meeting Type: COUNCIL MEETING
Council/ Committee Date: APRIL 11, 2016
Attachments:
ACTIVITY REPORT JAN-MAR 2016
Special Events
New Year’s Eve Event - Facilities staff were tasked with many extra duties to prepare for and clean up from the New
Year’s Eve event.
Hockey Tournaments & Swim Meets - There were multiple hockey tournaments and swim meets at the Complex that
required facilities staff to perform a variety of set-up tasks as well as clean up.
Family Day - The Family Day event included set-ups and tears downs in every part of the building including installing
2 curling circles and hacks on the Community rink. There was also extensive pool and arena usage requiring extra
attention to pool chemistry and ice conditions.
Buck & Does – Multiple Buck & Does were scheduled throughout the quarter each requiring set-up and tear down and
clean-up.
Capital Projects
OPP Roof Replacement – The roof replacement of the OPP building on Concession Street commenced in March and is
expected to be completed in early April.
Soccer Fence Installation - The installation of the soccer fence was completed in January (with the exception of the
mesh)
Facilities Team Achievements
Audio Upgrades – The audio system was upgraded in the Lions Auditorium.
Pool Deck - The pool deck was repainted by facilities staff during the holiday break.
CSC Office Renovations – The construction for the new office space in the CSC was completed.
Training – Leadership staff attended Legal Awareness II training program as sponsored by ORFA & all staff attended
an all staff training session put on by the Director of RCP.
GMHL – Preliminary preparation work for dressing room#4 was conducted for the future use of the GMHL Tillsonburg
team
Parks & Cemeteries Achievements
Rotary Outdoor Fitness Equipment - Parks staff installed new outdoor fitness equipment as donated by the Rotary
Club. The equipment was installed in 3 locations and mulch/soil was added to the sites to prepare for public usage.
Memorial Trees - The fall memorial trees plantings were completed. These plantings occurred in Memorial Park and
Participark.
Toboggan Hill - The toboggan hill was torn down and removed for the season.
Playground fibermulch - was added at Library playground and LLWP playground.
Tree Removal – Contracted tree removal commenced at various locations
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Ash Tree Removal – Parks staff removed infected ash trees along the Sam Lamb baseball field and behind Kiwanis ball
field.
Columbarium #1- Initial procurement process commenced to obtain quotes on replacement unit.
New Playground Equipment – Initial procurement process commenced to obtain quotes on replacement equipment for
Glendale Park & new equipment at Oak Park.
Ball Diamond Lights/Lens Replacement – Initial work to replace lights and lens covers at Annandale baseball field until
ground conditions became to soft for safe machine access
Trottier Woodlot – The tendering, awarding and harvesting in the woodlot was completed.
Looking ahead to Q2
• Door removal in Community Arena to allow easier
access to rink floor for functions
• Home Show, Keep Tillsonburg Beautiful & Turtlefest
• OPP Boiler Replacement
• OPP Roofing Project completion
• Repair retaining wall on Carroll Trail
• Welcome 2 seasonal staff members & 1 summer
student for Parks & Cemeteries
• Opening of Parks & Baseball fields
• Grass-cutting contractors start up
• Replace Columbarium #1
• Repair and extend skatepark
• Create a parking area at Trottier Park and complete
parking area at Gyulveszi Park
• Railing replacement on upper deck at the LLWP
• Create barrier-free washroom at the Community
Centre
• New playground equipment for Oak Park & Glendale
Park
• New Picnic tables to be built (20)
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1
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 4006
A By-law to Prohibit and Regulate the Fortification and Protective Elements to Land within the Town of Tillsonburg.
WHEREAS the Council (“Council”) of The Corporation of the Town of Tillsonburg (the “Town”)
deems it to be in the interest of public health, safety and well-being to regulate fortification and
protective elements with respect to land, and particularly to ensure that such fortification and
protective elements do not hinder the lawful access to and egress from land, building and
structures by law enforcement officers, emergency services personnel and the public;
AND WHEREAS lawful access to and escape from land, buildings and structures by law
enforcement officers, emergency services personnel and the public may limit danger and
damage to persons and property during emergency situations;
AND WHEREAS the Town is responsible for the enforcement of the Building Code Act, 1992,
S.O. 1992, c. 23, as amended (the “Building Code Act”), pursuant to section 3 of the Building
Code Act;
AND WHEREAS the Town may enact by-laws to deal with fortification and protective elements
in respect of land and land use, including by regulation or prohibition, pursuant to 8 - 11 and 133
of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the “Municipal Act”);
AND WHEREAS the Chief Building Official shall refuse to issue a building permit pursuant to s.
8 of the Building Code Act if the proposed building, construction or demolition will contravene
applicable law, and a by-law passed under s. 133(4) of the Municipal Act is applicable law
pursuant to subclause 1.4.1.3.(1)(b)(iv) of O. Reg. 332/12 as amended (the “Building Code”);
AND WHEREAS the Town may enact by-law provisions that (without limitation) create offences,
impose fines, authorize orders to achieve compliance or discontinue contraventions, authorize
inspections, authorize remedial work and provide for the collection of remediation costs,
pursuant to Part XIV of the Municipal Act, including sections 425, 429, 435 - 438, 441.1 and 444
- 446;
AND WHEREAS Council deems the process herein of considering, granting and refusing
exemptions under this by-law to be a minor and administrative matter, and wishes to delegate
such tasks to the Chief Building Official or his or her deputies or designates pursuant to Part I of
the Municipal Act, including particularly sections 23.1, 23.2 and 23.5, particularly since Council
may revoke such delegation at any time, and since the exemptions provided for would be limited
to particular properties and limited in their impact on the duties of law enforcement officers and
emergency services personnel;
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NOW THEREFORE Council enacts as follows:
1.0 SHORT TITLE
1.1 This By-law may be cited as the "Fortification By-law."
2.0 DEFINITIONS AND INTERPRETATION
In this by-law, unless the context otherwise requires:
2.1 “Application” means:
(a) the application, erection, installation, deployment or placement of one or
more Elements on or to Land; or
(b) the application, erection, installation, deployment or placement of one or
more Elements on or to one or more Structures;
2.2 “Building Code” means Ontario Regulation 332/12, as amended, or any
successor regulation;
2.3 “Building Code Act” means the Building Code Act, 1992, S.O. 1992, c 23, as
amended;
2.4 "Chief Building Official" means the chief building official appointed by Council
pursuant to Section 3(2) of the Building Code Act;
2.5 “Construct” means to do anything in the erection, installation, extension or
material alteration or repair of a Structure, including (without limitation):
(a) the Application of Elements on or to Land or Structures;
(b) “construction” as defined in the Building Code Act; and
(c) the installation of a Structure fabricated or moved from elsewhere;
and “Construction” has a corresponding meaning;
2.6 “Council” means the Council of the Town;
2.7 “Element” means a feature, component, material, device, product or contrivance,
whether natural or artificial, and includes (without limitation) Protective Elements
and Excessive Protective Elements;
2.8 “Emergency Services Personnel” means personnel who respond in cases of
specific or general emergency and may require access to or egress from Land
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while acting under statutory or common law duty or authorization, and includes
(without limitation):
(a) emergency response or law enforcement personnel acting in the
employment or under the authority of a municipal, provincial, or federal
organization or Crown agency, regardless of its ordinary location of
operation, and including (without limitation) the following organizations or
agencies:
i. any police service;
ii. any emergency medical or paramedic service;
iii. Oxford County Emergency Services; and
iv. any fire protection service (whether volunteer or not);
(b) emergency response or law enforcement personnel acting under a
mutual or automatic aid agreement with an organization covered by (a)
above; and
(c) any person acting under the direction of personnel otherwise covered by
this definition;
2.9 “Excessive Fortification” means Fortification that has the purpose or plausible
effect of hindering, restricting, obstructing or prohibiting Lawful access to or from
Land or Structures, including (without limitation) the following:
(a) the Application of any steel plate, steel bar, bullet-resistant shutter or
wire mesh exceeding 10 gauge on any window or other opening of a
Structure, but not including steel bars on a basement window or
basement opening;
(b) the Application of one or more bricks or concrete blocks, or of other
masonry or similar Elements, with the purpose or effect of obstructing
any doorway, window or other exterior entrance or egress to Land or a
Structure, whether such obstruction is partial or complete;
(c) the Application of steel sheeting or one or more plates or similar
Elements to interior or exterior walls of a Structure, designed or intended
to protect against firearms, artillery, explosives, vehicle impact and the
like;
(d) the Application of bullet-resistant or bullet-proof Elements, including
(without limitation) glass, to windows or doors;
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(e) the Application of armor-plated or reinforced doors, whether exterior or
interior, designed or intended to resist against firearms, artillery,
explosives, battering rams, vehicle impact or the like; or
(f) the Construction (including the Application) of pillars, cones, barriers out
of concrete, steel, or other solid building material, that are designed or
intended to damage a conventional motor vehicle or to block access to
any Land or Structure by conventional motor vehicle at ordinary points of
entry for such vehicles;
2.10 “Excessive Protective Element” means any Protective Element used,
maintained, Constructed or designed for surveillance purposes, or with a purpose
or plausible effect of hindering, restricting, obstructing or prohibiting Lawful
access to or egress from Land, and includes (without limitation) the following:
(a) an electronic or other form of perimeter warning device or system
designed to warn of entry onto the perimeter of Land from adjoining
Land or roadways, including (without limitation) “laser eyes”;
(b) electrified fencing or any similar barrier;
(c) a weapon, or any other thing that is likely to cause death or serious
injury when activated by entry onto Land or into a Structure, whether by
design or otherwise, including (without limitation) traps, electrified doors
or windows, land mines and other explosive devices;
(d) chemical or toxic agents placed or used with the purpose or plausible
effect of hindering, restricting, obstructing or prohibiting access to or exit
from Land or a Structure, including (without limitation) a device that,
when triggered, releases a chemical, odour, or contaminant tending to
cause discomfort or harm;
(e) noxious plants that are planted, used or maintained with the purpose or
plausible effect of hindering, restricting, obstructing or prohibiting access
to or exit from Land or a Structure, including (without limitation) stinging
nettles, giant hogweed and wild parsnip; and
(f) devices that will deflate the tires of vehicles if driven over or otherwise
activated, including (without limitation) “tiger teeth strips”;
2.11 “Fire Chief” means the fire chief appointed by Council pursuant to section 6 of
the Fire Protection and Prevention Act, or his or her deputy or designate;
2.12 “Fire Code” means Ontario Regulation 213/07, as amended, or any successor
regulation;
2.13 “Fire Protection and Prevention Act” means the Fire Protection and Prevention
Act, 1997, S.O. 1997, c.4, as amended;
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2.14 “Fortification” means the use, maintenance or Construction of Structures or
Elements in a manner that has the purpose or plausible effect of hindering,
restricting, obstructing, or prohibiting certain access to or egress from Land or a
Structure, and includes Excessive Fortification, and “Fortify” has a corresponding
meaning;
2.15 “Land” means “land” as defined at section 133 of the Municipal Act;
2.16 “Law Enforcement Officer” or “Officer” includes:
(a) a Police Officer as defined in Section 2 of the Police Services Act, R.S.O.
1990, c. P. 15, as amended;
(b) a Municipal By-Law Enforcement Officer appointed by Council or its
designate pursuant to subsection 15(1) of the Police Services Act, R.S.O.
1990, c. P. 15, as amended, including (without limitation) a Property
Standards Officer;
(c) the Chief Building Official, or designate appointed under subsection 3(2)
of the Building Code Act;
(d) an Inspector appointed under subsection 3(2) of the Building Code Act;
and
(e) the Fire Inspector, including the Fire Marshal, assistant to the Fire
Marshall or a Fire Chief as provided for under Part VI, section 19(1) of the
Fire Protection and Prevention Act;
2.17 “Lawful” means in accordance with the common law, statutes and regulations of
Canada and Ontario, the by-laws of the County of Oxford and the by-laws of the
Town other than this By-law;
2.18 “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25;
2.19 “Occupant” means a person residing on or in immediate possession of Land or
a part of Land;
2.20 “Owner” means a Person who has registered title to Land, and includes the
heirs, executors, administrators or successors and assigns of such Person;
2.21 “Person” means an individual, firm, corporation, association or partnership;
2.22 “Protective Elements” means any Element used, Maintained, Constructed or
designed with a purpose or plausible effect of hindering, restricting, obstructing or
prohibiting certain access to or egress from Land, and includes (without
limitation) Excessive Protective Elements;
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2.23 “Structure” means any structure, building, erection or physical barrier on Land,
or attachment thereto, and includes (without limitation) mobile homes, mobile
buildings, mobile structures, outbuildings and fences; and
2.24 “Town” means The Corporation of The Town of Tillsonburg.
3.0 Nothing in this By-Law shall be interpreted to prevent compliance with the other
requirements which may apply to Land or Structures pursuant to the statutes and
regulations of Canada and Ontario, including (without limitation) building, fire or electrical
safety codes under Provincial law.
4.0 GENERAL PROHIBITIONS
4.1 No Person shall:
(a) Construct, cause or permit the Excessive Fortification of any Land or
Structure; or
(b) Construct, cause or permit Excessive Protective Elements on any Land or
Structure.
4.2 For greater clarity, the prohibition at subsection 4.1 above includes (without
limitation) Excessive Fortification or Excessive Protective Elements already
existing on the day this By-law is passed.
4.3 No Person shall:
(a) hinder, restrict, obstruct or prohibit any Law Enforcement Officer or other
Person exercising a power or performing a duty under this By-law or any
Persons assisting such Officers, including (without limitation) Emergency
Services Personnel;
(b) attempt any of the conduct described in subclause 4.3(a) above; or
(c) permit another Person to perform or attempt any of the conduct described
in subclause 4.3(a) above.
5.0 GENERAL EXEMPTIONS
5.1 Subsections 4.1 and 4.2 above do not apply to:
(a) any Land or Structure owned or occupied by any department or agency of
the Government of Ontario or the Government of Canada, including
(without limitation) detention centres;
(b) any Land or Structure occupied exclusively as shelters for abused
Persons, or similar charitable or non-profit aid agencies, if the Chief
Building Official is satisfied in his or her sole discretion that security of the
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occupants is essential to the charitable purpose or aid;
(c) any Land or Structure owned and occupied by the Town or by the County
of Oxford;
(d) any Land or Structure owned or occupied by a police service, including
(without limitation) the Ontario Provincial Police and the Royal Canadian
Mounted Police, or to Lawful the activities of such police services,
including (without limitation) the monitoring carried out by the Ontario
Provincial Police with Town consent;
(e) the Lawful use of Land or a Structure in accordance with a special
exemption or approval granted pursuant to this By-law, including all
applicable conditions;
(f) the Lawful operation of a financial institution listed in Schedule I, II or III of
the Bank Act, S.C. 1991, c. 46, as amended;
(g) the use of electrified fencing by agricultural operations for the purpose of
controlling the movement of livestock;
(h) the use by public authorities of bollards or similar barriers at entrances to
recreational trails or other recreational or public Lands, to limit access by
motor vehicles;
(i) the establishment and use of a single panic room in a residential dwelling
unit, provided that:
i. the room is interior to the building, without either use of exterior
walls or direct access to the exterior of the building;
ii. the room does not exceed an interior area of 10 square meters;
and
iii. the room does not contain any fuel fired appliances or plumbing
fixtures, and otherwise complies with the Building Code;
(j) the Application or use of commercially marketed household security
devices designed and Applied for the purpose of providing reasonable
protection from theft or other criminal activity against the Person or
property of an individual;
(k) the Application or use of electronic or other forms of warning device or
system, including (without limitation) “laser eyes”, on windows or doors for
the purpose of providing reasonable warning to Occupants or to alert
Emergency Services Personnel of criminal entry to Land or a Structure;
(l) alterations or renovations that are common, purely aesthetic and Lawful;
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(m) alterations or renovations required for compliance with the Building Code
or Fire Code;
(n) the installation of protective or warning devices for the detection of
smoke, carbon dioxide gas, carbon monoxide gas or fire pursuant to the
Building Code or Fire Code or to provide early notice or in response to
smoke, gas or fire conditions, or to alert Emergency Services Personnel
to one or more such conditions;
(o) the securing or closing of any openings of a vacant building or that of a
building which has sustained fire or other accidental structural damage as
required under the Town’s Property Standards By-Law, or by an order
issued under the Fire Protection and Prevention Act; or
(p) any normal farm practice carried on as part of an agricultural operation
pursuant to the Farming and Food Protection Act, 1998, S.O. 1998, c. 1.
6.0 APPLICATION FOR SPECIAL EXEMPTION
6.1 The Owner of Land, or an Occupant with the Owner’s consent, may apply for a
partial or complete exemption from subsections 4.1 and 4.2 above by submitting
a complete application in the form prescribed by the Chief Building Official.
6.2 The application referred to in subsection 6.1 above shall include (without
limitation) the following, with respect to all affected Lands and Structures:
(a) the Applicant’s name, business address, phone number, fax number and
email address;
(b) if the Applicant is a corporation or partnership, the name, residential
address, phone number and email address of each Person who is a
director, officer or partner;
(c) if the applicant is an Occupant but not the Owner, the signed consent of
the Owner and each other Occupant of the Land;
(d) the applicable fees set out in the Town’s Rates & Fees By-Law;
(e) legal description and municipal address;
(f) zoning status, current use and intended use (if different from current use);
(g) a survey prepared within the last five years;
(h) all consents and contact information necessary to allow the Town to
attend and inspect the Lands and Structures in assessing the application
or compliance with this By-law, including (without limitations) all conditions
of any special exemption;
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(i) a detailed, scaled plan of all proposed Fortifications and Protective
Elements; and
(j) the nature of the special exemption requested and the reasons for the
request.
7.0 REVIEW OF APPLICATIONS BY CHIEF BUILDING OFFICIAL
7.1 The Chief Building Official shall review all complete applications under section 6.
7.2 The Chief Building Official may require additional information that shall be
provided at the effort and expense of the applicant, including (without limitation):
(a) requests for further details or documentation from the applicant;
(b) requiring the provision of any further or other documents considered to be
necessary or relevant to the investigation of the application;
(c) making inquiries of any department of local, provincial or federal
government considered necessary and/or relevant to the investigation of
the application; and
(d) making inquiries and requesting input from local fire, police and
ambulance services or any other department that may have an interest,
issue or concern with the application.
7.3 When considering an application for a special exemption from subsections 4.1
and 4.2, the Chief Building Official shall have regard for the following factors
(without limitation):
(a) the provisions of any applicable site plan agreement;
(b) special circumstances or conditions which currently apply to the Land or
Structure are being proposed within the application;
(c) whether strict application of the provisions of this By-law would result in
difficulties, unnecessary or undue hardship for the applicant that would be
inconsistent with the objectives of this By-law; and
(d) whether granting the requested special exemption would maintain the
general intent and purpose of this By-law.
7.4 The Chief Building Official may in his or her sole discretion issue a partial or
complete exemption from subsections 4.1 and 4.2 to certain Lands, Structures or
uses thereof, provided that:
(a) the Chief Building Official has reviewed a complete application;
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(b) the nature and extent of the special exemption does not exceed that
which is rationally proven, to the satisfaction of the Chief Building Official
reviewing the application, to be necessary;
(c) the special exemption will not unreasonably interfere with access to or
egress from the Lands or Structures in question by Emergency Services
Personnel; and
(d) the Chief Building Official has determined that the special exemption is
not likely to result in a contravention of the Building Code.
7.5 Subject to subsection 7.6, the Chief Building Official may impose time limits or
any other reasonable conditions on a special exemption as the Chief Building
Official deems appropriate in his or her sole discretion.
7.6 In addition to any conditions specified by the Chief Building Official, the following
are deemed conditions of any approval of a special exemption under this By-law:
(a) all authorized Fortifications and Protective Elements must be Constructed
and maintained Lawfully, and in accordance with the plans and
specifications approved by the Chief Building Official;
(b) inspections are allowed as reasonably required to confirm that the
authorized Fortifications and Protective Elements comply with the
approval conditions and all provisions of this By-law;
(c) the exemption applies only to the Land or Structures specified therein,
and is not transferrable to other Lands or Structures;
(d) the applicant must advise and provide details to any new Owner or
Occupant of the Land or Structure about the exemption and features of
the authorized Fortifications and Protective Elements;
(e) the exemption expires upon any change of the primary use of the Land or
Structure; and
(f) the exemption shall in no way be construed or interpreted as an
exemption, limitation or excuse from a Person’s requirement to comply
with the statutes and regulations of Canada and Ontario, the by-laws of
the County of Oxford or the by-laws of the Town.
7.7 Council hereby delegates decision-making authority to the Chief Building Official
with regard to the issuance or denial of exemptions under this By-law, as Council
is of the opinion that the delegated powers are of a minor nature.
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8.0 APPROVED SPECIAL EXEMPTIONS
8.1 Upon deciding to grant or refuse a special exemption, the Chief Building Official
shall:
(a) provide notice to the applicant; and
(b) promptly forward the exemption form and application materials, including
the approved plans and designs, to the Chief of Police or the District
Commander of the Tillsonburg branch of the Ontario Provincial Police, the
Fire Chief and the Director of Emergency Services of the County of
Oxford, and to such other agencies or organizations that the Chief
Building Official deems appropriate.
8.2 A granted special exemption shall be documented in the form prescribed by the
Chief Building Official, shall make reference to this By-law and shall bear the
signature of the Chief Building Official.
8.3 The Chief Building Official may revoke a special exemption if:
(a) it was issued on mistaken, false or incorrect information;
(b) one or more conditions of the special exemption has not been complied
with;
(c) it was issued in error;
(d) there has been a material change in the circumstances, conditions or
facts upon which the original exemption was based; or
(e) the holder requests in writing that it be revoked.
9.0 NOTICE
9.1 Any notice pursuant to this By-law may be given in writing in any of the following
ways and is effective:
(a) on the date on which a copy is delivered to the Person to whom it is
addressed;
(b) on the fifth day after a copy is sent by registered mail to the Person’s last
known address;
(c) upon the conclusion of the transmission of a copy by facsimile to the
Person’s last known facsimile number; or
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(d) upon the sending of a copy by email transmission to the Person’s last
known email address.
10.0 APPEAL OF DECISIONS
10.1 A Person who considers themself aggrieved by an order or decision made by the
Chief Building Official or a designate may appeal the order or decision to the
Superior Court of Justice within 20 days after the order or decision is made,
pursuant to section 25 of the Building Code Act.
11.0 ADMINISTRATION AND ENFORCEMENT
11.1 The Chief Building Official is authorized to administer and enforce this By-law,
including the taking of such steps, arranging assistance or work by Town staff or
agents, and for the issuance of orders and imposition of conditions as necessary
to ensure compliance with this By-law, for arranging for the obtaining of court
orders or warrants as may be required, and for commencing such actions on
behalf of the Town to recover costs or restrain contravention of the By-law as are
deemed necessary.
11.2 The Chief Building Official may assign Officers to enforce this By-law who shall
have the authority to carry out inspections, make directions, orders to discontinue
contravening activities or to do work to correct contraventions, to give immediate
effect to any order and otherwise enforce this By-law, and the Chief Building
Official may assign duties or delegate tasks under this By-law to be carried out in
the Chief Building Official’s absence or otherwise, and may request the
assistance of police officers for enforcement including obtaining orders for entry
as may be required.
11.3 Subject to sections 435 and 437 of the Municipal Act, including the provision of
notice to an Occupant when required and production of the Officer’s identification
when requested, an Officer may enter Land or a Structure at any reasonable time
for the purpose of carrying out an inspection to determine whether or not the
following are being complied with:
(a) this By-law;
(b) a direction, authorization, requirement, condition or order made under this
By-law; or
(c) an order made under section 431 of the Municipal Act, 2001 in respect of
a contravention of this By-law.
11.4 No Person shall remove an order, notice or direction posted on Land or a
Structure indicating it was posted under this By-law, except an Officer.
11.5 An Officer may, for the purposes of an inspection under this By-law:
(a) require the production for inspection of documents or things relevant to
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the inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information from any Person concerning a matter related to the
inspection, including (without limitation) requiring expert or other
examinations, testing, reports or as Constructed plans to be obtained and
provided; and
(d) alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
11.6 A receipt shall be provided for any document or thing removed under subsection
11.5 and the document or thing shall be promptly returned after copies or extracts
are made.
11.7 Any sampling done during an inspection shall be done in accordance with
subsections (3) and (4) of section 436 of the Municipal Act.
11.8 An inspection requirement, direction or order made to a Person under this
section may be given verbally, but where the town intends to act upon such
matter at the expense of the Person, the requirement, direction or order shall be
made in writing and provided to the Person in accordance with the notice
provisions of this By-law.
11.9 An Officer may undertake an inspection pursuant to an order of a court issued
under section 438 of the Municipal Act, provided however that in the case of an
order authorizing an inspection of a room or place actually being used as a
dwelling the Occupant is given notice concerning when the inspection will be
carried out.
11.10 For the purposes of appeal, any order made by an Officer other than the Chief
Building Official will be deemed to be an order of the Chief Building Official.
12.0 ORDER TO DISCONTINUE ACTIVITY
12.1 Without limiting the orders that the Chief Building Official or designate may make
pursuant to this By-Law, if an Officer is satisfied that a contravention of this By-
law has occurred, the Officer may make an order requiring the Person who
contravened the By-law or who caused or permitted the contravention or who is
the Owner or Occupant of the Land or Structure on which the contravention
occurred to discontinue the contravening activity.
12.2 An order under this section shall set out:
(a) reasonable particulars adequate to identify the contravention to be
discontinued and the location of the Land or Structure on which the
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contravention occurred; and
(b) the deadline for compliance.
12.3 An order under this By-law shall be delivered in accordance with the notice
provisions of this By-law.
13.0 WORK ORDER
13.1 Without limiting the orders that the Chief Building Official or designate may make
pursuant to this By-Law, if an Officer is satisfied that a contravention of this By-
law has occurred, the Officer may make an order requiring the Person who
contravened the By-law or who caused or permitted the contravention or who is
the Owner or Occupant of the Land or Structure on which the contravention
occurred to do work to correct the contravention.
13.2 Subject to subsection 13.3, an order under this section shall set out:
(c) reasonable particulars adequate to identify the contravention to be
discontinued and the location of the Land or Structure on which the
contravention occurred;
(d) the deadline for compliance; and
(e) the work to be done, which may include obtaining all permits and
inspections required by law.
13.3 An order under this By-law may be issued even though the facts constituting the
contravention of this By-law were present on the day this By-law came into force,
provided however that in such circumstances the order made in respect of such
pre-existing Fortifications or Protective Elements shall provide not less than three
(3) months to complete the work.
13.4 An order under this By-law shall be delivered in accordance with the notice
provisions of this By-law.
14.0 FAILURE TO COMPLY AND COST RECOVERY
14.1 Where a Person defaults in complying with a direction, requirement or order
under this By-law to do a matter or thing, the Chief Building Official may cause an
Officer or agent on behalf of the Town, with such assistance from others as may
be required, to enter the Land on which the contravention occurred at any
reasonable time, and to carry out such direction, requirement or order at the
Person’s expense.
14.2 The Town may recover the costs from the Person directed, required or ordered to
do a matter or thing under this section, by action or by adding the costs to the tax
roll and collecting them in the same manner as property taxes, and such costs
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shall include interest at an annual rate of 15 per cent.
14.3 For the purposes of subsection 14.3, interest shall be calculated for the period
commencing the day the Town incurs the costs and ending on the day the costs
including the interest are paid in full.
14.4 The Chief Building Official may give immediate effect to any direction,
requirement or order to be carried out under this section where the costs of
carrying out the direction, requirement or order do not exceed $20,000, inclusive
of HST. Where the estimated costs exceed $20,000, the work shall be carried out
only where directed by a Person with the authority to approve such expense, or
by Council.
14.5 The amount of the Town’s costs incurred plus interest to the date payment is
made in full, constitutes a lien upon the Land, upon the registration of a notice of
lien upon the Land.
14.6 Pursuant to s. 441 of the Municipal Act, 2001, if any part of a fine for a
contravention of this by-law remains unpaid after the fine becomes due and
payable under s. 66 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended, including any extension of time for payment ordered under that
section, the Director may give the person against whom the fine was imposed a
written notice specifying the amount of the fine payable and the final date on
which it is payable, which shall be not less than twenty one (21) days after the
date of the notice.
14.7 If the fine remains unpaid after the final date specified in the notice, the fine shall
be deemed to be unpaid taxes for the purposes of s. 351 of the Municipal Act.
14.8 In accordance with sections 441.1 and 446 of the Municipal Act, any part of a fine
or cost owing pursuant to this by-law or a related provincial offence may be
added to the tax roll for any property in the Town of Tillsonburg for which all of
the owners are responsible for paying the fine or cost, and collect such fine or
cost in the same manner as municipal taxes.
15.0 OFFENCES AND PENALTY
15.1 Subject to subsection 15.2, any Person who contravenes a provision of this By-
law, or an officer or director of a corporation in the event of a contravention by the
corporation, is guilty of an offence and upon conviction is liable to a fine or
penalty as follows:
(a) for a first offence, a maximum of $20,000.00;
(b) for a second offence, a maximum of $50,000.00; and
(c) for a third or subsequent offence, a maximum of $100,000.00.
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15.2 Any Person who contravenes any order made under this By-law, or an officer or
director of a corporation in the event of a contravention by the corporation, is
guilty of a continuing offence and upon conviction is liable to a daily fine or
penalty of a maximum of $10,000.00 for each day or part of a day that the
offence continues, and despite subsection 15.1 the total of all the daily fines
imposed for an offence is not limited by the maximums listed in subsection 15.1.
16.0 CONFLICT AND SEVERABILITY
16.1 It is intended by Council that this By-law provide a higher level of public health,
safety and well-being and limit danger and damage to persons and property
during emergency situations, rather than conflict with other law or Town by-laws.
16.2 In the event of conflict between this By-law and the Building Code, the Building
Code prevails, and further an exemption under this By-law does not preclude any
requirement under the Building Code Act or Building Code including the
requirement for a permit under the Building Code Act.
16.3 Should a court of competent jurisdiction declare a part of whole of any provision
of this by-law to be invalid or of no force and effect, the provision or part is
deemed severable from this By-law and it is the intention of Council that the
remainder survive and be applied and enforced in accordance with its terms to
the extent possible under law.
17.0 ENACTMENT
This By-law shall come into force and effect upon the date of final passing thereof.
READ A FIRST AND SECOND TIME THIS ____ DAY OF __________, 2016.
READ A THIRD AND FINAL TIME AND PASSED THIS _______DAY OF ___________, 2016.
_________________________________________
Mayor – Stephen Molnar
_________________________________________
Town Clerk – Donna Wilson
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 4007
A BY-LAW to regulate fences in the Town of Tillsonburg.
WHEREAS subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the “Municipal Act”), provides that municipal powers shall be exercised by by-law;
AND WHEREAS subsections 11(1), (3) and (4) of the Municipal Act authorize the
municipal council (“Council”) of The Corporation of the Town of Tillsonburg (the
“Town”) to provide certain services and things that the Town considers necessary or
desirable for the public, including the passage of by-laws respecting fences, signs and other structures;
AND WHEREAS section 98 of the Municipal Act provides that a municipal council may
exclude the municipality from the application of the Line Fences Act, R.S.O. 1990, c.
L.17, as amended (the “Line Fences Act”), except for section 20 of that Act;
AND WHEREAS the Town may enact by-law provisions that (without limitation) create offences, impose fines, authorize orders to achieve compliance or discontinue contraventions, authorize inspections, authorize remedial work and provide for the
collection of remediation costs, pursuant to Part XIV of the Municipal Act, including
sections 425, 429, 435 - 438, 441.1 and 444 - 446;
AND WHEREAS Council deems it desirable and expedient to regulate fences in the Town of Tillsonburg, and to exclude the Town from the provisions of the Line Fences
Act, with the exception of section 20 of that Act;
NOW THEREFORE Council hereby enacts the following:
SECTION 1
SCOPE OF BY-LAW
1.1 SHORT TITLE
This By-law, as amended from time to time, shall be known as the “Fence By-law.”
1.2 INTENT AND SCOPE
The purpose of this By-law is to regulate Fences within the Town of Tillsonburg. This By-law does not apply to “swimming pool enclosures”, as defined in and governed by the Town’s Pool Enclosure By-law, No. 4008.
1.3 CONTENT OF BY-LAW
All references in this By-law to sections, requirements, exceptions, tables, figures,
schedules and maps, refer to those in this By-law unless otherwise indicated. Headings given in this By-law are for convenience only, and do not form part of this By-law.
1.4 RELATION TO OTHER GOVERNMENT REQUIREMENTS (COMPLIANCE WITH
OTHER REGULATIONS)
This By-law shall not be construed so as to reduce or mitigate restrictions or
requirements that are Lawfully imposed by the Town or by any governmental authority. Without limiting the foregoing, compliance with this By-law does not relieve any Person from complying with:
(a) Legislation or regulations imposed by the Governments of Canada or Ontario,
including (without limitation) the Ontario Building Code, O. Reg. 332/12; and
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(b) By-laws enacted by the County of Oxford or other By-laws enacted by the Town;
SECTION 2
DEFINITIONS AND INTERPRETATION
2.1 DEFINITIONS
The terms set out below shall have the following meanings in this By-law:
“Building” means any structure consisting of one or more of a wall, roof or floor, and
used or intended to be used for the shelter, accommodation or enclosure of Persons,
animals, or goods, but shall not include a lawful boundary wall or Fence.
“Chief Building Official” means the Chief Building Official of the Town.
“Construct” means to do anything in the erection, installation, extension or material alteration or repair of a structure, including (without limitation):
(a) Anything in the erection, installation, extension or material alteration or repair of a
Building or Fence;
(b) The installation of a structure fabricated or moved from elsewhere, including (without limitation) the structures listed in (a); and
(c) Work in preparation for any of the acts described above; and “construction” has a
corresponding meaning;
“Corner Lot” means a Lot situated at the intersection of two Street Lines with an
interior angle of intersection of not more than one hundred and thirty-five (135) degrees, provided that:
(a) Where the Lot abuts only one Street Line on a curving roadway, it is deemed to abut an
intersection of two equal portions of that Street Line; and
(b) Where either of the intersecting Street Lines is on curving roadway, the line used for
calculating the angle of intersection will be the tangent drawn through the Lot’s point of extremity abutting that Street Line; and the corner of such a Lot will be the point at or closest to the Street Line intersection, but this definition shall exclude any portion of a
lot further than 30 metres (98.4 feet) from the corner, measured along a Street Line.
“Council” means the Municipal Council of the Corporation of the Town of Tillsonburg.
“Division Fence” means a Fence marking a Lot Line.
“Effective Grade Level” at a given point means the highest level of the ground within 0.5 metres (3 feet 3 inches) horizontally in any direction from that point.
“Fence” means:
(a) A railing, wall or line composed of posts, wire, gate, boards or pickets or any
combination thereof; or (b) Any similar structure involving similar materials or components; designed or used to
enclose or divide in whole or in part a Yard or other land, to establish a property
boundary, or to provide privacy.
“Front Yard” means an area extending across the full width of the Lot between the front Lot Line of the Lot and the nearest part of any excavation, or main Building on the Lot.
“Hedgerow” means one or more hedges, bushes, shrubs, compact evergreen
plantings, or any similar organic growth.
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“Height” of any Fence means the vertical distance between the top of such Fence and:
(a) The Effective Grade Level at that point, if the Fence is not located on or above a deck or
similar platform; or
(b) The top surface of any deck or similar platform on which the Fence is located.
“Lawful” means in accordance with the common law, statutes and regulations of Canada and Ontario, the by-laws of the County of Oxford and the by-laws of the Town other than this By-law;
“Lot” means:
(a) A parcel of land with a boundary defined by an original survey or by a registered plan of
subdivision, unless such registered plan of subdivision is designated by a by-law passed pursuant to subsection 50(4) of the Planning Act, R.S.O. 1990, c. P.13; or
(b) A parcel or tract of land with a different registered owner (or registered owners) or from
adjacent lands.
“Lot Line” means any boundary of a Lot or the vertical projection thereof.
“Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
“Officer” means an individual appointed by Council or by a designate of Council for the purpose of (or for purposes that include) enforcing one or more municipal by-laws,
and includes (without limitation) the Chief Building Official.
“Owner” a registered owner of land, or any Person in control of land including (without
limitation) a lessee or an occupant thereof.
“Person” means an individual, firm, corporation, association or partnership.
“Rear Yard” means the area extending across the full width of the Lot between the rear
Lot Line and the nearest part of any excavation, or main Building on the Lot.
“Required Front Yard” means the area extending across the full width of the Lot
between the front Lot Line and the extent of the required front yard depth as provided by the provisions of the Town of Tillsonburg Zoning By-Law, No. 3295.
“Side Yard” means an area extending between a side Lot Line to the nearest part of
any excavation or main Building on the Lot, and between the Front Yard and the Rear
Yard.
“Sight Triangle” means the space formed by the intersecting Street Lines of a Corner Lot and a line drawn from a point on one of the said Street Lines to a point on the other said Street Line, provided that:
(a) The line intersects both street lines at an equal distance from the corner of the Corner
Lot; and
(b) The line is 9 metres (29 feet 6 inches) from the corner of the Corner Lot at its closest point.
“Street Line” means the limit of the roadway allowance and is the dividing line between
a Lot and a single street or other roadway.
“Town” means The Corporation of the Town of Tillsonburg.
“Yard” means an area adjacent to a Building, structure or excavation, located on the same Lot as the Building, structure, or excavation, and which area is open, uncovered and unoccupied from the ground to the sky except for Lawful accessory Buildings,
structures or uses.
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SECTION 3
EXISTING FENCES AND EXCLUSIONS
3.1 Fences – Deemed to Comply
Notwithstanding the provisions of this By-law, any Fence that Lawfully existed prior to
the effective date of this By-law shall be deemed to comply with this By-law and may be maintained with the same material, Height and dimensions as previously existed, including (without limitation) any Lawful repair work.
3.2 Required to Maintain
The Owner of any Lot shall maintain each Fence thereon and ensure that it is in safe
condition and in good repair.
3.3 Decorative Post Caps
The Height restrictions in this by-law will not include any decorative post caps or similar
features that have been pre-approved in writing by the Chief Building Official, following
the submission of construction drawings and other materials required by the Chief
Building Official.
3.4 Materials- Block, Brick or Stone
A Fence proposed to be Constructed using decorative building block, masonry brick,
architectural stone, or any other similar material must be approved in writing by the
Chief Building Official or a designate prior to Construction, following the submission of
construction drawings and other materials required by the Chief Building Official.
SECTION 4
RESIDENTIAL FENCES
4.1 Height- Fence - Location
No Person shall have, Construct, maintain or permit to be constructed or maintained a Fence on a Lot used for residential purposes except in accordance with all of the following requirements:
(a) Maximum Height of 2.15 metres (7 feet) at any point in a Rear Yard or Side Yard that
does not abut an industrial, commercial or institutional zone;
(b) Maximum Height of 3 metres (9 feet 10 inches) at any point in a Rear Yard or Side Yard that abuts an industrial, commercial or institutional zone;
(c) Maximum Height of 1 metre (3 feet 3 inches) at any point in a Required Front Yard; and
(d) Minimum 1.2 metres (4 feet) horizontal distance from a Side Yard Lot Line, not including
a Side Yard Lot Line where a common or party wall is located, at any point where the
Fence is located on a deck or elevated platform.
4.2 Height- Fence or Hedgerow- Location
No Person shall have, Construct, maintain or permit to be Constructed or maintained:
(a) A Hedgerow in a residential Front Yard with a top more than 1 metre (3 feet 3 inches)
above the Effective Grade Level; or
(b) A Fence or Hedgerow that visually obstructs or hinders the use of any existing public or private driveway, lane, alley, roadway or similar access area.
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SECTION 5
INDUSTRIAL, INSTITUTIONAL AND COMMERCIAL FENCES
5.1 Height – Specifications
No Person shall have, Construct, maintain or permit to be Constructed or maintained a
Fence on a Lot for industrial, institutional, and commercial purposes except in accordance with the following requirement:
(a) Maximum Height of 3 metres (9 feet 10 inches).
SECTION 6
AGREEMENTS WITH TOWN
6.1 Development – Redevelopment
Notwithstanding any other provision of this By-law, a Fence that is Constructed as
required in a registered agreement or agreements entered into with the Town pursuant
to Section 41 or 51 of the Planning Act, R.S.O. 1990, c. P.13, as amended, or any plans
approved by the Town in accordance with either of those sections shall be deemed not to contravene the provisions of this By-law.
SECTION 7
BARBED WIRE OR RAZOR WIRE FENCES
7.1 Prohibited - Exceptions
No Person shall have, Construct or maintain or permit a Fence comprised of barbed wire or razor wire, unless such Fence complies with all of the following requirements:
(a) The fence is on a Lot Lawfully used for commercial or industrial purposes;
(b) The barbed wire or razor wire projects inwards to the area enclosed by the Fence; and
(c) The lowest point on the barbed wire or razor wire is at least 2.15 metres (7 feet) above the Effective Grade Level at any point.
7.2 This section does not apply to Fences Constructed on lands owned by a government
organization or utility provider.
SECTION 8
ELECTRIC FENCES
8.1 Prohibited - Exceptions
No Person shall have, Construct, maintain, or permit any Fence equipped with a device
for transmitting an electric current thereon or there through.
8.2 This section does not apply to the Lawful use of electrified fencing by agricultural operations for the purpose of controlling the movement of livestock.
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SECTION 9
LINE FENCES ACT – DIVISION FENCES
9.1 Line Fences Act- Not Applicable
The Line Fences Act, R.S.O. 1990, c. L.17, as amended, with the exception of section
20 of that Act, does not apply to any part of the Town of Tillsonburg.
SECTION 10
ADMINISTRATION AND ENFORCEMENT
10.1 Subject to sections 435 and 437 of the Municipal Act, including the provision of notice to
an occupant of land when required, and production of the Officer’s identification when requested, an Officer may enter land or a Building at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are
being complied with:
(a) This By-law;
(b) A direction, authorization, requirement, condition or order made under this By-law; or
(c) An order made under section 431 of the Municipal Act in respect of a contravention of
this By-law.
10.2 No Person shall remove an order, notice or direction posted on land or on a structure
indicating that it was posted under this By-law, except an Officer.
10.3 An Officer may, for the purposes of an inspection under this By-law:
(a) Require the production for inspection of documents or things relevant to the inspection;
(b) Inspect and remove documents or things relevant to the inspection for the purpose of
making copies or extracts;
(c) Require information from any Person concerning a matter related to the inspection,
including (without limitation) requiring expert or other examinations, testing, reports or as-constructed plans to be obtained and provided; and
(d) Alone or in conjunction with a Person possessing special or expert knowledge, make
examinations or take tests, samples or photographs necessary for the purposes of the
inspection.
10.4 A receipt shall be provided for any document or thing removed under subsection 10.3 and the document or thing shall be promptly returned after copies or extracts are made.
10.5 Any sampling done during an inspection shall be done in accordance with subsections
(3) and (4) of section 436 of the Municipal Act.
10.6 An inspection requirement, direction or order made to a Person under this section may
be given verbally, but where the Town intends to act upon such matter at the expense of the Person, the requirement, direction or order shall be made in writing and provided to the Person in accordance with the notice provisions of this By-law.
10.7 An Officer may undertake an inspection pursuant to an order of a court issued under
section 438 of the Municipal Act, provided however that in the case of an order
authorizing an inspection of a room or place actually being used as a dwelling the occupant is given notice concerning when the inspection will be carried out.
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SECTION 11
VARIANCE AND DELEGATION OF AUTHORITY
11.1 Any variance from this By-law will require the approval of Council. Such variance
application will require a site plan showing the location of the proposed Fence and
drawings showing the type and Construction of the Fence. The variance application will be submitted on the form prescribed by the Chief Building Official, and the Chief Building Official shall make a recommendation to Council regarding the disposition of
the application. Decisions of Council are final. Council hereby delegates authority to the
Chief Building Official with regard to the receipt and disposition of variance applications
under this By-law, as Council is of the opinion that the delegated powers are of a minor nature.
SECTION 12
FENCES – CONTRARY TO BY-LAW
12.1 Prohibited - Location
No Person shall have, construct, maintain or permit to be Constructed or maintained any Fence or Hedgerow in a Side Yard immediately adjoining a public roadway unless
such Fence or Hedgerow is located at least 3.5 metres (11.5 feet) from the nearest
edge of the existing public roadway pavement.
12.2 Prohibited- Sight Triangle
No Person shall have, construct, maintain or permit to be Constructed or maintained any Fence or Hedgerow in a Sight Triangle.
12.3 Restriction of Materials – Residential Zone
In a residential zone, no Person shall have, construct, maintain or permit to be
Constructed or maintained any Fence comprised of sheet metal, sheet plastic, fiberglass, untreated wood, single strand wire, plywood or pressboard, corrugated fiberglass, corrugated plastic, corrugated metal and without limiting the generality, any
other material not typically used in the Construction of a Fence on a Lot used for
residential purposes.
12.4 Restriction of Materials – Division Fence
No Person shall have, construct, maintain or permit to be Constructed or maintained any Division Fence comprised of any gauge of bird netting, single strand wire or mesh.
12.5 Contravention of an Order
No Person shall contravene an order made pursuant to this By-law.
12.6 Obstruction
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Person who is exercising a power or performing a duty under this By-law, including (without limitation)
carrying out an inspection.
SECTION 13
ORDER TO DISCONTINUE ACTIVITY
13.1 Without limiting the orders that an Officer may make pursuant to this By-Law, if an
Officer is satisfied that a contravention of this By-law has occurred, the Officer may
make an order requiring the Person who contravened the By-law or who caused or
permitted the contravention or who is the Owner of the land on which the contravention occurred to discontinue the contravening activity.
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13.2 An order under this section shall set out:
(a) Reasonable particulars adequate to identify the contravention to be discontinued and
the location of the land on which the contravention occurred; and
(b) The deadline for compliance.
13.3 An order under this section shall be delivered in accordance with the notice provisions of this By-law.
SECTION 14
WORK ORDER
14.1 Without limiting the orders that an Officer may make pursuant to this By-Law, if an Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an order requiring the Person who contravened the By-law or who caused or
permitted the contravention or who is the Owner of the land on which the contravention
occurred to do work to correct the contravention.
14.2 An order under this section shall set out:
(a) Reasonable particulars adequate to identify the contravention to be discontinued and the location of the land on which the contravention occurred;
(b) The deadline for compliance; and
(c) The work to be done, which may include obtaining all permits and inspections required
by law.
14.3 An order under this section shall be delivered in accordance with the notice provisions of this By-law.
SECTION 15
FAILURE TO COMPLY AND COST RECOVERY
15.1 Where a Person defaults in complying with a direction, requirement or order under this
By-law to do a matter or thing, an Officer or agent on behalf of the Town may, with such
assistance from others as may be required, enter the land on which the contravention
occurred at any reasonable time, and carry out such direction, requirement or order at the Person’s expense.
15.2 In accordance with section 446 of the Municipal Act, the Town may recover the costs
from the Person directed, required or ordered to do a matter or thing under this By-law,
by action or by adding the costs to the tax roll and collecting them in the same manner
as property taxes, and such costs shall include interest at an annual rate of 15 per cent.
15.3 For the purposes of subsection 15.2, interest shall be calculated for the period commencing the day the Town incurs the costs and ending on the day the costs
including the interest are paid in full.
15.4 The amount of the Town’s costs incurred plus interest to the date payment is made in
full, constitutes a lien upon the land, upon the registration of a notice of lien upon the land.
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SECTION 16
OFFENCES, PENALTY AND FINE RECOVERY
16.1 Subject to subsection 16.2, any Person who contravenes a provision of this By-law, and
an officer or director of a corporation in the event of a contravention by a corporation, is
guilty of an offence and upon conviction is liable to a fine or penalty as follows:
(a) For a first offence, a minimum of $100.00 and a maximum of $5,000.00;
(b) For a second offence, a maximum of $15,000.00; and
(c) For a third or subsequent offence, a maximum of $30,000.00.
16.2 Any Person who contravenes any order made under this By-law, or an officer or director
of a corporation in the event of a contravention by the corporation, is guilty of a continuing offence and upon conviction is liable to a daily fine or penalty of a maximum of $2,500.00 for each day or part of a day that the offence continues, and despite
subsection 16.1 the total of all the daily fines imposed for an offence is not limited by the
maximums listed in subsection 16.1.
16.3 If this by-law is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order,
(a) Prohibiting the continuation or repetition of the offence by the Person convicted; and
(b) Requiring the Person convicted to correct the contravention in the manner and within
the period that the court considers appropriate.
16.4 Pursuant to section 441 of the Municipal Act, if any part of a fine for a contravention of
this by-law remains unpaid after the fine becomes due and payable under section 66 of
the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, including any extension
of time for payment ordered under that section, the Town may give the Person against
whom the fine was imposed a written notice specifying the amount of the fine payable and the final date on which it is payable, which shall be not less than twenty one (21) days after the date of the notice.
16.5 If the fine remains unpaid after the final date specified in the notice, the fine shall be
deemed to be unpaid taxes for the purposes of section 351 of the Municipal Act.
16.6 In accordance with section 441.1 of the Municipal Act, any part of a fine owing pursuant to this by-law or a related provincial offence may be added to the tax roll for any property in the Town of Tillsonburg for which all of the Owners are responsible for
paying the fine, and collect such fine in the same manner as municipal taxes.
SECTION 17
NOTICE
17.1 Any notice pursuant to this By-law may be given in writing in any of the following ways
and is effective:
(a) On the date on which a copy is delivered to the Person to whom it is addressed;
(b) On the fifth day after a copy is sent by registered mail to the Person’s last known address;
(c) Upon the conclusion of the transmission of a copy by facsimile to the Person’s last
known facsimile number; or
(d) Upon the sending of a copy by email transmission to the Person’s last known email
address.
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17.2 Without limiting subsection 17.1, any notice to an Owner pursuant to this By-law is effective on the fifth day after a copy is sent by registered mail to the address for that
Owner on the municipal assessment roll.
SECTION 18
SEVERABILITY
18.1 In the event any section or sections of this By-law or parts of it are found by a Court to
be illegal or exceed the power of the Council to enact, such section, or sections, or parts
thereof shall be deemed to be severable and all other sections, or parts of this By-law
shall be deemed to be separate and independent and shall continue in full force.
SECTION 19
REPEAL AND TRANSITION
19.1 The Town’s By-Law No. 3058 is hereby repealed in its entirety.
19.2 Notwithstanding subsection 19.1, the provisions of By-Law No. 3058 will be deemed to continue in force and effect with respect to any and all orders, appeals or prosecutions issued, filed or commenced under that by-law, and any assessment, rate, charge, tax,
fee, liability or penalty outstanding under that by-law may be collected as if that by-law
had not been repealed.
SECTION 20
EFFECTIVE DATE
20.1 This By-Law shall take effect on the date of its final passage by Council.
READ A FIST AND SECOND TIME THIS 11TH DAY OF APRIL, 2016
READ A THIRD AND FINAL TIME AND PASSED THIS 11TH DAY OF APRIL, 2016
______________________________
Mayor – Stephen Molnar
______________________________
Town Clerk – Donna Wilson
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 4008
A BY-LAW to regulate swimming pool enclosures in the Town of Tillsonburg.
WHEREAS subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the “Municipal Act”), provides that municipal powers shall be exercised by by-law;
AND WHEREAS subsections 11(1), (3) and (4) of the Municipal Act authorize the
municipal council (“Council”) of The Corporation of the Town of Tillsonburg (the
“Town”) to provide certain services and things that the Town considers necessary or
desirable for the public, including the passage of by-laws respecting fences, signs and other structures;
AND WHEREAS the Town may enact by-law provisions that (without limitation) create
offences, impose fines, authorize orders to achieve compliance or discontinue
contraventions, authorize inspections, authorize remedial work and provide for the
collection of remediation costs, pursuant to Part XIV of the Municipal Act, including sections 425, 429, 435 - 438, 441.1 and 444 - 446;
AND WHEREAS Council deems it desirable and expedient to regulate swimming pool
enclosures in the Town of Tillsonburg;
NOW THEREFORE Council hereby enacts the following:
SECTION 1
SCOPE OF BY-LAW
1.1 SHORT TITLE
This By-law, as amended from time to time, shall be known as the “Pool Enclosure By-
law.”
1.2 INTENT AND SCOPE
The purpose of this By-law is to regulate Swimming Pool Enclosures within the Town of
Tillsonburg.
1.3 CONTENT OF BY-LAW
All references in this By-law to sections, requirements, exceptions, tables, figures, schedules and maps, refer to those in this By-law unless otherwise indicated. Headings given in this By-law are for convenience only, and do not form part of this By-law.
1.4 RELATION TO OTHER GOVERNMENT REQUIREMENTS (COMPLIANCE WITH
OTHER REGULATIONS)
This By-Law shall not be construed so as to reduce or mitigate restrictions or requirements that are Lawfully imposed by the Town or by any governmental authority. Without limiting the foregoing, compliance with this By-Law does not
relieve any Person from complying with:
(a) Legislation or regulations imposed by the Governments of Canada or Ontario,
including (without limitation) the Ontario Building Code, O. Reg. 332/12; and
(b) By-Laws enacted by the County of Oxford or other By-Laws enacted by the Town.
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SECTION 2
DEFINITIONS AND INTERPRETATION
2.1 DEFINITIONS
The terms set out below shall have the following meanings in this By-Law:
“Building” means any structure consisting of one or more of a wall, roof or floor, and used or intended to be used for the shelter, accommodation or enclosure of Persons, animals, or goods.
“Chief Building Official” means the Chief Building Official of the Town.
“Construct” means to do anything in the erection, installation, extension or material
alteration or repair of a structure, including (without limitation):
(a) Anything in the erection, installation, extension or material alteration or repair of a Building, Swimming Pool Area, Swimming Pool Enclosure or Temporary Enclosure;
(b) The installation of a structure fabricated or moved from elsewhere, including (without
limitation) the structures listed in (a); and
(c) Work in preparation for any of the acts described above; and “construction” has a corresponding meaning;
“Corner Lot” means a Lot situated at the intersection of two Street Lines with an
interior angle of intersection of not more than one hundred and thirty-five (135) degrees,
provided that:
(a) Where the Lot abuts only one Street Line on a curving roadway, it is deemed to abut an intersection of two equal portions of that Street Line; and
(b) Where either of the intersecting Street Lines is on curving roadway, the line used for
calculating the angle of intersection will be the tangent drawn through the Lot’s point of
extremity abutting that Street Line; and the corner of such a Lot will be the point at or
closest to the Street Line intersection, but this definition shall exclude any portion of a lot further than 30 metres (98.4 feet) from the corner, measured along a Street Line.
“Council” means the Municipal Council of the Corporation of the Town of Tillsonburg.
“Effective Grade Level” at a given point means the highest level of the ground within
0.5 metres (3 feet 3 inches) horizontally in any direction from that point.
“Exterior” means the vertical surface of a fence, Swimming Pool Enclosure, deck or ramp, provided that such surface:
(a) Does not face a Swimming Pool or Swimming Pool Area; and
(b) Does not face the contained portion of the lands that is covered, delineated or enclosed
by the fence, Swimming Pool Enclosure, deck or ramp.
“Gate” shall mean any part of a Swimming Pool Enclosure that opens on hinges, including (without limitation) a door located in the wall of an attached or detached garage or carport where such wall forms part of the Swimming Pool Enclosure.
“Hedgerow” means one or more hedges, bushes, shrubs, compact evergreen
plantings, or any similar organic growth.
“Height” of any Gate, segment or feature of a Swimming Pool Enclosure means the vertical distance between the top of such Gate, segment or feature and:
(a) The Effective Grade Level at that point, if the Gate, segment or feature is not located on
or above a deck or similar platform; or
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(b) The surface of any deck or similar platform on or above which the gate or segment is located.
“Hydro Massage Pool” means a body of water that is encased artificially, whether
located above or below grade, and includes (without limitation) a hot tub, Jacuzzi, spa
or whirlpool.
“Lawful” means in accordance with the common law, statutes and regulations of Canada and Ontario, the by-laws of the County of Oxford and the by-laws of the Town
other than this By-law;
“Lock” means a locking device designed to be unlocked or deactivated only with a key,
password, combination or biometric identification, or some grouping of such methods.
“Lot” means:
(a) A parcel of land with a boundary defined by an original survey or by a registered plan of
subdivision, unless such registered plan of subdivision is designated by a by-law
passed pursuant to subsection 50(4) of the Planning Act, R.S.O. 1990, c. P.13; or
(b) A parcel or tract of land with a different registered owner (or registered owners) from adjacent lands.
“Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
“Officer” means an individual appointed by Council or by a designate of Council for
the purpose of (or for purposes that include) enforcing one or more municipal by-laws,
and includes (without limitation) the Chief Building Official.
“Owner” a registered owner of land, or any Person in control of land, including (without limitation) a lessee or an occupant thereof.
“Person” means an individual, firm, corporation, association or partnership.
“Sight Triangle” means the space formed by the intersecting Street Lines of a Corner
Lot and a line drawn from a point on one of the said Street Lines to a point on the other said Street Line, provided that:
(a) The line intersects both street lines at an equal distance from the corner of the Corner
Lot; and
(b) The line is 9 metres (29 feet 6 inches) from the corner of the corner lot at its closest
point.
"Street Line" means the limit of the roadway allowance and is the dividing line between a Lot and a street or other roadway.
“Swimming Pool” means any body of water located outdoors on a privately owned Lot,
whether above or below finished grade, and used or designed for swimming, diving or
both, provided that such body of water:
(a) Is contained at least in part by artificial means;
(b) Has one or more points with a depth that may exceed 610 mm (24 inches); and
(c) Has a potential liquid surface area exceeding 2.0 metres² (21.5 feet²); and includes
(without limitation) a Hydro Massage Pool but does not include any decorative pond or
storm water management pond.
“Swimming Pool Area” means the area of a Lot occupied by a Swimming Pool and any adjacent platforms, walkways, play areas or landscaped areas that are used, or are
intended or capable of being used, in conjunction with the Swimming Pool.
“Swimming Pool Enclosure” means a wall, structure or Building, or any combination
thereof, including (without limitation) a fence combined with a deck, that encloses a
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Swimming Pool Area or any part of a Swimming Pool Area, but does not include a Temporary Enclosure.
“Temporary Enclosure” means a structure used for the purposes of temporarily
enclosing a Swimming Pool or excavation.
“Town” means The Corporation of the Town of Tillsonburg.
SECTION 3
EXCLUSIONS
3.1 Existing Enclosures – Deemed to Comply
Notwithstanding the provisions of this By-law, any Swimming Pool Enclosure that lawfully existed prior to the effective date of this By-law shall be deemed to comply with this By-law and may be maintained with the same material, Height and dimensions as
previously existed, including (without limitation) any repair work.
3.2 Required to Maintain
The Owner of any Lot shall maintain each Swimming Pool Enclosure thereon and ensure that it is in safe condition and in good repair.
3.3 Decorative Post Caps
The Height restrictions in this by-law will not include any decorative post caps or similar
features that have been pre-approved in writing by the Chief Building Official, following
the submission of construction drawings and other materials required by the Chief Building Official.
SECTION 4
SWIMMING POOL ENCLOSURE HEIGHT AND MATERIAL REQUIREMENTS
4.1 Swimming Pool Enclosure- Height Required
No Person shall have, Construct, maintain or permit to be Constructed or maintained a Swimming Pool Enclosure, or any part thereof, except in accordance with all of the
following requirements:
(a) Minimum Height of 1.52 metres (5 feet);
(b) Maximum vertical distance of 50 mm (2 inches) from the Effective Grade Level to the bottom of the Swimming Pool Enclosure;
(c) Maximum Height of 2.15 metres (7 feet); and
(d) Members, attachments, bracing, rails or supports that could permit or facilitate climbing
on the Exterior face of a Swimming Pool Enclosure shall not be located at a height of
between 100 millimetres (4 inches) and 1.2 metres (4 feet).
4.2 Swimming Pool Area- Height- Raised Platform or Deck
No Person shall Construct a deck or ramp or part thereof serving a Swimming Pool
Area with a vertical distance greater than 0.6 metres (2 feet) from the Effective Grade
Level unless a continuous fence or other guard is Constructed and maintained on top of
the deck or ramp and around such deck or ramp’s Exterior perimeter. Such fence or guard shall have a minimum Height of 1 metre (3 feet 3 inches), and shall not be Constructed so as to facilitate or permit climbing.
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4.3 Location- Swimming Pool Enclosure- Setback Requirement
No Person shall have, Construct, maintain or permit to be Constructed or maintained a
Swimming Pool Enclosure, or part thereof, in either of the following locations:
(a) Within 1.0 metre (3 feet 3 inches) horizontally of any permanent physical object, growth
or geographical feature, or any combination thereof, that permits or facilitates the climbing of such Swimming Pool Enclosure; or
(b) Within 1.2 metres (4 feet) horizontally from the nearest inside wetted surface of the
Swimming Pool wall.
4.4 Swimming Pool Enclosure- Materials- Chain Link
No Person shall have, Construct, maintain or permit to be Constructed or maintained a Swimming Pool Enclosure, or any part thereof, using chain link materials unless such Swimming Pool Enclosure is pre-approved in writing by the Chief Building Official or
meets all of the following requirements:
(a) All chain link materials have a diagonal mesh length not greater than 38 millimetres (1.5
inches) consisting of 13 gauge galvanized steel wire, or of 11 gauge steel wire covered with vinyl, or consisting of another product approved by the Chief Building Official which would yield a total thickness equivalent to 12 gauge wire;
(b) It has no rails, bracing or exposed attachments on the Exterior that could facilitate or
permit climbing from the Exterior; and
(c) Top and bottom rails are firmly fastened to upright posts, which rails consist of galvanized steel pipe at least 32 millimetres (1.25 inches) thick, provided that a continuous galvanized steel tension rod at least 5 millimetres (0.2 inches) thick may be
substituted for the bottom rail.
4.5 Swimming Pool Enclosure- Materials- Vertical Panel
No Person shall have, Construct, maintain or permit to be Constructed or maintained a Swimming Pool Enclosure, or any part thereof, using vertical panel materials unless such Swimming Pool Enclosure is Constructed as pre-approved in writing by the Chief
Building Official, or in accordance with all of the following requirements:
(a) Vertical members are of at least 25 millimetres (1 inch) nominal thickness attached to a
top and bottom rail;
(b) Vertical members are not spaced more than 38 millimetres (1.5 inches) apart;
(c) Support posts are at least 89 millimetres (3.5 inches) x 89 millimetres (3.5 inches)
nominal dimensions;
(d) Support posts are spaced not more than 2.4 metres (8 feet) apart;
(e) Support posts extend at least 1.2 metres (4 feet) below the Effective Grade Level and are securely embedded into the ground;
(f) Support posts that consist of wood are treated with an approved wood preservative or
be of pressure-treated wood, encased in concrete; and
(g) Top and bottom rails are firmly fastened to upright posts and are at least 38 millimetres (1.5 inches) x 89 millimetres (3.5 inches) nominal dimensions.
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4.6 Swimming Pool Enclosure- Materials- Metal Picket
No Person shall have, Construct, maintain or permit to be Constructed or maintained a
Swimming Pool Enclosure, or any part thereof, using metal picket or tube construction
unless such Swimming Pool Enclosure is Constructed as pre-approved in writing by the
Chief Building Official, or in accordance with all of the following requirements:
(a) Vertical members are spaced not more than 100 millimetres (4 inches) apart;
(b) Vertical members are attached to a supporting structure that does not contain any
diagonal members or framework and does not otherwise facilitate or permit climbing;
(c) Posts extend at least 1.2 metres (4 feet) below the Effective Grade Level and are
securely embedded into the ground;
(d) Posts are spaced not more than 2.4 metres (8 feet) apart; and
(e) Top and bottom rails are firmly fastened to the vertical members, maintain a minimum
1.2 metres (4 feet) vertical separation at all locations and are at least 25 millimetres x 6
millimetres (1.0 inches x 0.25 inches) in dimension.
SECTION 5
SWIMMING POOL ENCLOSURE GATES
5.1 Swimming Pool Gate- Requirements
No Person shall have, Construct, maintain or permit to be Constructed or maintained a
Gate except in accordance with all of the following requirements:
(a) The Gate’s construction type and Height matches all other requirements applicable to a Swimming Pool Enclosure pursuant to this By-law;
(b) The Gate is supported on hinges of sufficient quantity and strength to safely allow
entrance and exit at all times;
(c) The Gate is self-closing and equipped with a self-latching device placed on the side facing the pool;
(d) Each self-latching device has a minimum height of 1.2 metres (4 feet);
(e) The Gate is equipped with an operable Lock; and
(f) The Gate is kept locked at all times except when the Swimming Pool is in use.
5.2 Swimming Pool Enclosure- Entrance Through Garage
No Person shall have, Construct, maintain or permit to be Constructed or maintained an entrance to a Swimming Pool Area through a door from a detached or attached garage
unless the door complies with subsection 5.1 of this By-law.
SECTION 6
TEMPORARY ENCLOSURE
6.1 Temporary Enclosure- Required
No Person shall have, Construct, maintain or permit to be Constructed or maintained a
Swimming Pool unless a Temporary Enclosure or Swimming Pool Enclosure is already
installed in accordance with this By-law.
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6.2 Temporary Enclosure- Materials
No Person shall have, Construct, maintain or permit to be Constructed or maintained a
temporary enclosure, or any part thereof, except as pre-approved in writing by the Chief
Building Official or in accordance with all of the following requirements:
(a) Minimum Height of 1.2 metres (4 feet);
(b) It consists of mesh fence with the diagonal mesh length not greater than 38 mm (1.5 inches); and
(c) It has steel T-bar supports installed every 3 metres (9.8 feet) with a 9 gauge galvanized
steel wire located at the top and bottom of the Temporary Enclosure.
6.3 Temporary Enclosure- Replacement
No Person shall have, use, maintain or permit to be used or maintained a Swimming Pool unless a Swimming Pool Enclosure is installed in accordance with this By-law.
SECTION 7
HYDRO MASSAGE POOL
7.1 Hydro Massage Pool- Secure Cover
No Person shall have, Construct, maintain or permit to be Constructed or maintained a
Hydro Massage Pool, unless the hydro massage pool includes a cover capable of
closing the opening to the Hydro Massage Pool, featuring an operable Lock.
SECTION 8
ADMINISTRATION AND ENFORCEMENT
8.1 Subject to sections 435 and 437 of the Municipal Act, including the provision of notice to
an occupant of land when required, and production of the Officer’s identification when requested, an Officer may enter land or a Building at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are
being complied with:
(a) This By-law;
(b) A direction, authorization, requirement, condition or order made under this By-law; or
(c) An order made under section 431 of the Municipal Act in respect of a contravention of
this By-law.
8.2 No Person shall remove an order, notice or direction posted on land or on a structure
indicating that it was posted under this By-law, except an Officer.
8.3 An Officer may, for the purposes of an inspection under this By-law:
(a) Require the production for inspection of documents or things relevant to the inspection;
(b) Inspect and remove documents or things relevant to the inspection for the purpose of
making copies or extracts;
(c) Require information from any Person concerning a matter related to the inspection,
including (without limitation) requiring expert or other examinations, testing, reports or as-constructed plans to be obtained and provided; and
(d) Alone or in conjunction with a Person possessing special or expert knowledge, make
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examinations or take tests, samples or photographs necessary for the purposes of the inspection.
8.4 A receipt shall be provided for any document or thing removed under subsection 8.3
and the document or thing shall be promptly returned after copies or extracts are made.
8.5 Any sampling done during an inspection shall be done in accordance with subsections (3) and (4) of section 436 of the Municipal Act.
8.6 An inspection requirement, direction or order made to a Person under this section may
be given verbally, but where the Town intends to act upon such matter at the expense
of the Person, the requirement, direction or order shall be made in writing and provided
to the Person in accordance with the notice provisions of this By-law.
8.7 An Officer may undertake an inspection pursuant to an order of a court issued under section 438 of the Municipal Act, provided however that in the case of an order
authorizing an inspection of a room or place actually being used as a dwelling the
occupant is given notice concerning when the inspection will be carried out.
SECTION 9
VARIANCE AND DELEGATION OF AUTHORITY
9.1 Any variance from this By-law will require the approval of Council. Such variance
application will require a site plan showing the location of the proposed Swimming Pool
Enclosure and drawings showing the type and Construction of the Swimming Pool Enclosure. The variance application with be submitted on the form prescribed by the Chief Building Official, and the Chief Building Official shall make a recommendation to
Council regarding the disposition of the application. Decisions of Council are final.
Council hereby delegates authority to the Chief Building Official with regard to the
receipt and disposition of variance applications under this By-law, as Council is of the opinion that the delegated powers are of a minor nature.
SECTION 10
SWIMMING POOL ENCLOSURES – ADDITIONAL PROHIBITIONS
10.1 Prohibited- Organic Features
No Person shall have, use or permit to Construct or maintain a Hedgerow, earth berm,
natural or manmade topographic features or any other organic feature as a Swimming
Pool Enclosure or as a part thereof.
10.2 Prohibited- Abandonment
No Person shall abandon, discontinue or suspend the construction of a Swimming Pool Enclosure prior to full compliance with this by-law, or cause such Swimming Pool Enclosure to be left incomplete following the construction of a Swimming Pool.
10.3 Prohibited- Unsafe Condition
No Person shall cause or permit an unsafe or hazardous condition to occur during the
Construction of a Swimming Pool or Swimming Pool Enclosure.
10.4 Prohibited- Location- Sight Triangle
No Person shall have, construct or maintain or permit to be Constructed or maintained a
Swimming Pool Enclosure, or any part thereof, within a Sight Triangle.
10.5 Contravention of an Order
No Person shall contravene an order issued pursuant to this By-law.
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10.6 Obstruction
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Person who is
exercising a power or performing a duty under this By-law, including (without limitation)
carrying out an inspection.
SECTION 11
ORDER TO DISCONTINUE ACTIVITY
11.1 Without limiting the orders that an Officer may make pursuant to this By-Law, if an
Officer is satisfied that a contravention of this By-law has occurred, the Officer may
make an order requiring the Person who contravened the By-law or who caused or permitted the contravention or who is the Owner of the land on which the contravention occurred to discontinue the contravening activity.
11.2 An order under this section shall set out:
(a) Reasonable particulars adequate to identify the contravention to be discontinued and
the location of the land on which the contravention occurred; and
(b) The deadline for compliance.
11.3 An order under this section shall be delivered in accordance with the notice provisions
of this By-law.
SECTION 12
WORK ORDER
12.1 Without limiting the orders that an Officer may make pursuant to this By-Law, if an
Officer is satisfied that a contravention of this By-law has occurred, the Officer may
make an order requiring the Person who contravened the By-law or who caused or
permitted the contravention or who is the Owner of the land on which the contravention occurred to do work to correct the contravention.
12.2 An order under this section shall set out:
(a) Reasonable particulars adequate to identify the contravention to be discontinued and
the location of the land on which the contravention occurred;
(b) The deadline for compliance; and
(c) The work to be done, which may include obtaining all permits and inspections required by law.
12.3 An order under this section shall be delivered in accordance with the notice provisions
of this By-law.
SECTION 13
FAILURE TO COMPLY AND COST RECOVERY
13.1 Where a Person defaults in complying with a direction, requirement or order under this
By-law to do a matter or thing, an Officer or agent on behalf of the Town may, with such
assistance from others as may be required, enter the land on which the contravention occurred at any reasonable time, and carry out such direction, requirement or order at the Person’s expense.
13.2 In accordance with section 446 of the Municipal Act, the Town may recover the costs
from the Person directed, required or ordered to do a matter or thing under this By-law,
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by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes, and such costs shall include interest at an annual rate of 15 per cent.
13.3 For the purposes of subsection 13.2, interest shall be calculated for the period
commencing the day the Town incurs the costs and ending on the day the costs
including the interest are paid in full.
13.4 The amount of the Town’s costs incurred plus interest to the date payment is made in full, constitutes a lien upon the land, upon the registration of a notice of lien upon the
land.
SECTION 14
OFFENCES, PENALTY AND FINE RECOVERY
14.1 Subject to subsection 14.2, any Person who contravenes a provision of this By-law, and
an officer or director of a corporation in the event of a contravention by a corporation, is
guilty of an offence and upon conviction is liable to a fine or penalty as follows:
(a) For a first offence, a minimum of $350.00 and a maximum of $5,000.00;
(b) For a second offence, a maximum of $15,000.00; and
(c) For a third or subsequent offence, a maximum of $30,000.00.
14.2 Any Person who contravenes any order made under this By-law, or an officer or director
of a corporation in the event of a contravention by the corporation, is guilty of a
continuing offence and upon conviction is liable to a daily fine or penalty of a maximum of $2,500.00 for each day or part of a day that the offence continues, and despite subsection 14.1 the total of all the daily fines imposed for an offence is not limited by the
maximums listed in subsection 14.1.
14.3 If this by-law is contravened and a conviction entered, in addition to any other remedy
and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order,
(a) Prohibiting the continuation or repetition of the offence by the Person convicted; and
(b) Requiring the Person convicted to correct the contravention in the manner and within
the period that the court considers appropriate.
14.4 Pursuant to section 441 of the Municipal Act, if any part of a fine for a contravention of this by-law remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, including any extension
of time for payment ordered under that section, the Town may give the Person against
whom the fine was imposed a written notice specifying the amount of the fine payable
and the final date on which it is payable, which shall be not less than twenty one (21) days after the date of the notice.
14.5 If the fine remains unpaid after the final date specified in the notice, the fine shall be
deemed to be unpaid taxes for the purposes of section 351 of the Municipal Act.
14.6 In accordance with sections 441.1 of the Municipal Act, any part of a fine or cost owing
pursuant to this by-law or a related provincial offence may be added to the tax roll for any property in the Town of Tillsonburg for which all of the Owners are responsible for paying the fine or cost, and collect such fine or cost in the same manner as municipal
taxes.
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SECTION 15
NOTICE
15.1 Any notice pursuant to this By-law may be given in writing in any of the following ways
and is effective:
(a) On the date on which a copy is delivered to the Person to whom it is addressed;
(b) On the fifth day after a copy is sent by registered mail to the Person’s last known address;
(c) Upon the conclusion of the transmission of a copy by facsimile to the Person’s last
known facsimile number; or
(d) Upon the sending of a copy by email transmission to the Person’s last known email address.
SECTION 16
SEVERABILITY
16.1 In the event any section or sections of this By-law or parts of it are found by a Court to be illegal or exceed the power of the Council to enact, such section, or sections, or parts thereof shall be deemed to be severable and all other sections, or parts of this By-law
shall be deemed to be separate and independent and shall continue in full force.
SECTION 17
EFFECTIVE DATE
17.1 This By-Law shall take effect on the date of its final passage by Council.
READ A FIST AND SECOND TIME THIS 11TH DAY OF APRIL, 2016
READ A THIRD AND FINAL TIME AND PASSED THIS 11TH DAY OF APRIL, 2016
______________________________
Mayor – Stephen Molnar
______________________________
Town Clerk – Donna Wilson
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 4009
BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 11th
day of April, 2016
WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a
municipal corporation shall be exercised by its council;
AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal
powers shall be exercised by by-law;
AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of
Tillsonburg at this meeting be confirmed and adopted by by-law;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF
TILLSONBURG ENACTS AS FOLLOWS:
1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held
on April 11, 2016, with respect to every report, motion, by-law, or other action passed and
taken by the Council, including the exercise of natural person powers, are hereby adopted,
ratified and confirmed as if all such proceedings were expressly embodied in this or a
separate by-law.
2. The Mayor and the Clerk are authorized and directed to do all the things necessary to give
effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to
in the preceding section.
3. The Mayor and the Clerk are authorized and directed to execute all documents necessary
in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg.
4. This by-law shall come into full force and effect on the day of passing.
READ A FIRST AND SECOND TIME THIS 11th DAY OF APRIL, 2016.
READ A THIRD AND FINAL TIME AND PASSED THIS 11th DAY OF APRIL, 2016.
________________________________
MAYOR – Stephen Molnar
________________________________
TOWN CLERK – Donna Wilson
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