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TOWN OF KELVINGTON
PROVINCE OF SASKATCHEWAN
BYLAW NO. 201-13
A BYLAW OF THE TOWN OF KELVINGTON, SASKATCHEWAN, TO CONTROL THE
USE OF STREETS, LANES, SIDEWALKS AND OTHER TOWN OWNED LAND AND TO
CONTROL THE CONSTRUCTION OF FENCES ON PRIVATE LAND AND NEAR AN
INTERSECTION
The Council of the Town of Kelvington enacts as follows:
Definitions
1.
In this bylaw:
(1)
" ADMINISTRATOR" means the Administrator appointed by Council of the
Town of Kelvington;
(2)
" BYLAW ENFORCEMENT OFFICER" means the agent of the Town of Kelvington
authorized by the Council of the Town of Kelvington to enforce the
Bylaws of the Town of Kelvington;
(3)
" FENCE" means a hedge, wall, railing, tree or shrub surrounding an
area and used to divide, enclose, screen, shield, protect or fortify an
area;
(4)
"FLOWER BED FENCES" means a decorative fence of metal, wood or plastic
material that is a maximum of 36 inches tall and allows plantings
located behind it to be visible through it;
(5)
"HEDGE" means a fence or row of live bushes or low trees;
(6)
"INTERSECTION" means the point where a street intersects with another
street or alley;
(7)
"MANAGER" means the Director of Public Works and Utilities;
(8)
"PERSON" means the owner and/or tenant of said lot;
(9)
"SHRUB" means a woody plant of less size than a tree and usually divided
into separate stems from near the ground;
(10)
"TREE" means a perennial plant with single woody self supporting trunk.
(11)
"TOWN" means the Town of Kelvington; and
(12)
"TOWN COUNCIL" means the Council of the Town of Kelvington.
Use of Town Property
2.
Subject to the provisions of any Bylaw of the Town of Kelvington, no person
other than an agent or employee of the Town in the normal or usual course of
their duties shall, without the consent of the Manager, place, keep, maintain
or leave any building, structure, sign, object or other thing of any kind
whatsoever, on any street, lane, sidewalk or other public place, or on any
land deemed to belong to the Town of Kelvington,
or in any way obstruct any
street, lane, sidewalk, park, public square or public place in the Town of
Kelvington or land owned by the Town, in any manner whatsoever.
Fences
3.
The provisions of sub paragraphs (1) and (2) hereof following, serve the
purpose of eliminating visual obstructions at intersections within the Town
of Kelvington and for the purpose of preventing future obstructions from
occurring within Town limits.
(1)
(a)
Fences - General:
(i)
A permit is required whenever construction of a fence is
to be undertaken.
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(ii) No owner or owner's agent shall work or authorize work or
allow work to proceed on the construction of a fence for
which a permit is required unless a valid permit exists
for the work to be done.
(iii) The granting of any permit that is authorized by this
bylaw shall not:
(a)
entitle the grantee, his successor or
assigns, or anyone on his behalf to erect
any fence that fails to comply with the
requirements of any restriction agreement,
bylaw, act and/or regulating affecting the
site described in the permit; or
(b)
make the local authority or its authorized
representative liable for damages or
otherwise by reason of the fact that the
fence, the construction, erection,
placement, alteration, repair, renovation,
demolition, relocation, removal or use of
which has been authorized by permit, does
not comply with the requirements of any
restriction agreement, bylaw, act and/or
regulation affecting the site described in
the permit.
(b)
Fences - Permits/Fee:
(i)
Every application for a permit to construct, erect, place,
alter, repair, renovate or reconstruct a fence shall be in
Form F1 and shall be accompanied by plans and drawings,
except that when authorized by the local authority or its
authorized representative plans and/or specifications need
not be submitted.
(ii) If the work described in an application for a permit to
construct a fence, to the best of the knowledge of the
local authority, or its authorized representative,
complies with the requirements of this bylaw, the local
authority, upon receipt of the $25.00 prescribed fee,
shall issue a permit in Form F2 and return one set of
submitted plans to the applicant.
(iii) The local authority may, at its discretion, have plan
review, inspection and other services for enforcement
purposes provided by building officials designated by the
minister to assist the local authority.
(iv) Approval in writing from the local authority or its
authorized representative is required for any deviation,
omission or revision to work for which a permit has been
issued under this section.
(v)
All permits issued under this section expire:
(a)
six months from date of issue, or
(b)
if work is suspended for a period of longer
than six months, by prior written agreement
of the local authority or its authorized
representative.
(c)
Fences -- Residential:
Fences within a residential area in side or rear yards shall not
exceed two (2) metres in height. Fences shall not be placed in
the front yard, excepting for flower bed fences, which may be
placed within 4 feet of the foundation of the principle building
and any accessory building. The front yard is the area from the
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front facing wall of the principle building on the property to
the front property line. Side and rear yards are the areas
behind the front facing wall of the principle building to the
rear property line. On a lot abutting two streets, fences
measured along the property line shall not exceed a height of
one (1) metre for a distance of five (5) meters from their
common point of intersection and the diagonal which joins the
two extreme points. No structure shall be
erected and no
vegetation shall be permitted to grow to a height greater than
.6 metres above the grade of the streets that abut the site.
Fences must be maintained in a safe and reasonable state of
repair.
(d)
Fences -- Commercial:
Fences within a commercial area in front yards shall not exceed
one (1) metre in height and shall not exceed two (2) meters in
height in side or rear yards. The front yard is the area from the
front facing wall of the principle building on the property to
the front property line. Side and rear yards are the areas
behind the front facing wall of the principle building to
the rear property line. On a lot abutting two streets fences
measured along the property line shall not exceed a height of one
(1) metre for a distance of five (5) metres from their common
point of intersection and the diagonal which joins the two
extreme points. No structure shall be erected and no vegetation
shall be permitted to grow to a height greater than .6 metres
above the grade of the streets that abut the site. Fences
must be maintained in a safe and reasonable state of repair.
(e)
Fences -- Industrial:
(i)
Outdoor storage of raw materials, finished or partially
finished products, fuel, salvage materials, junk or waste on a
site shall be concealed from sight from adjacent sites, streets
or lanes by a fence or wall of appropriate design and sufficient
dimension and position such that stored materials are not visible
from any point one point five (1.5) metres or less above grade on
any adjacent site, street or lane.
(ii) Fences in front yards shall not exceed two (2) metres in
height and shall not exceed two point five (2.5) metres in side
or rear yards. The front yard is the area from the front facing
wall of the principle building on the property to the front
property line. The side and rear yards are the areas behind the
front facing wall of the principle building to the rear property
line.
(iii) Chain link or like material shall be lathed to provide
limited view of contents within the fenced area.
(f)
Fences - Swimming Pools
All outdoor under-ground swimming pools and above-ground swimming
pools at least 100 cm in height shall be completely surrounded by
a fence or wall that is at least one point eight (1.8) metres in
height, designed and constructed to discourage unauthorized entry
by a locked gate, for use in the event of an emergency, which can
be opened with a key in the possession of the operator.
(g)
Fences - Adjacent Properties
When a fence is being constructed by property owners of two
adjacent properties and both owners are in agreement to construct
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the fence, the fence may be placed on the property line
separating the adjacent properties.
(h)
Fences - Single Property Owner
When a fence is being constructed by a property owner, the fence
shall be placed 150mm inside the property line.
(i)
Fences - Buffer Strip
When a side or rear property abuts a highway or rail right-of-way
or an associated buffer strip, a two point five (2.5) metre high
wall or fence is permitted.
(j)
Fences - Certain Areas
In any Commercial or Industrial District, the Council may require
that certain areas be fenced and the Council shall establish the
type, style and nature of fence to be used.
(k)
Fences - Barbed Wire
(i)
Any person contemplating the use of barbed wire in any
part of the municipality shall first obtain the written
approval of the Council.
(ii) The use of barbed wire as a fence material is not allowed
in the following areas of Town as designated in the Town
of Kelvington Zoning Bylaw:
(a)
R1 - Residential
(b)
R2 - Residential
(c)
RMH - Residential Mobile Home
(iii) The use of barbed wire as a fence material in the
following areas
of Town as designated in the Town of
Kelvington Zoning Bylaw, is limited to the top 300 mm of
the fence but shall not be permitted within 1.5 metres of
the ground:
(a)
C1-
Commercial
(b)
C2 - Commercial
(c)
M -
Industrial
(iv) The use of barbed wire as a fence material is allowed in
the following areas of Town as designated in the Town of
Kelvington Zoning Bylaw:
(a) CS - Community Service
(b) UR - Urban Reserve
(v)
The use of electrified or electrified barbed wire as a
fencing material is not allowed in the Town limits.
(2)
Hedges, Shrubs and Trees
(a)
For a distance of five (5) metres back both ways from the corner
of a lot abutting on two streets measured along the property
line, no person may by themselves or other, plant, maintain or
keep any hedge, shrub or tree which exceeds one (1) metre in
height.
(b)
No person shall by themselves or other, plant, maintain or keep
any hedge, shrub or tree on a street or on any land owned by the
Town of Kelvington except with the prior approval of and under
the direction of the Manager.
Fire Hydrants
4.
No person shall by means of a hedge, shrub or tree, fence, wall or other
structure, hinder, prevent or obstruct access by the Fire Department to any
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fire hydrant located on a street or public place.
Cords Crossing Town Property
5.
No person shall place any cord, cable or like material on or across any
sidewalk, lane, street or other highway in the Town, whether at/or above
ground level. Provided however, in the winter season, for the purpose of
maintaining a vehicle engine block heater, an electrical cord may be
installed, but it must not in any way impede or be dangerous to pedestrians,
pets or Town snow removal equipment.
Dangerous to Traffic
6.
The Council may, upon the report of a police officer, bylaw enforcement
officer or Manager that a hedge, shrub, tree or fence situated at an
intersection is dangerous to traffic, by resolution order that such hedge,
shrub, tree or fence be removed or shortened to such a height as may be
deemed necessary to overcome such danger.
Inspection
7.
(1) The inspection of property by the Municipality to determine if this
Bylaw is being complied with is hereby authorized.
(2) No person shall obstruct a Bylaw Enforcement Officer or Administrator
who is authorized to conduct an inspection under this section, or a
person who is assisting a Bylaw Enforcement Officer.
Administration and Enforcement
8.
(1) The administration and enforcement of this bylaw is hereby delegated to the
Administrator of the Town.
(2) The Administrator of the Town is hereby authorized to further delegate the
administration and enforcement of this bylaw to any other employee.
(3) (a) If a Bylaw Enforcement Officer finds that a person is contravening
this Bylaw,
the Bylaw Enforcement Officer may, upon authorization
of the Council, issue a written order, requiring the owner or
occupant of the property to which the contravention relates, to remedy
the contravention.
(b) Orders given under this Bylaw shall comply with section 364 of The
Municipalities Act.
(c) Orders given under this Bylaw shall be served in accordance with
Section 390(1)(a),(b) or (c) of The Municipalities Act.
(4) A person may appeal an order made pursuant to section 14 in accordance
with section 365 of The Municipalities Act.
(5) (a) The Municipality may, in accordance with section 366 of The
Municipalities Act, take whatever actions or measures are necessary to
remedy a contravention of this Bylaw.
(b) In an emergency, the Municipality may take whatever actions or
measures are necessary to eliminate the emergency in accordance with
the provisions of Section 367 of The Municipalities Act.
(6) Any unpaid expenses and costs incurred by the Municipality in remedying a
contravention of the Bylaw may be recovered either:
(a) by civil action for debt in a court of competent jurisdiction in
accordance with Section 368 of The Municipalities Act; and.
(b) by adding the amount to the taxes on the property on which the work is
done in accordance with Section 369 of The Municipalities Act.
(7) No person shall:
(a) fail to comply with an order made pursuant to this bylaw;
(b) obstruct or interfere with any Bylaw Enforcement Officer or any other
person acting under the authority of the Bylaw; or
(c) fail to comply with any other provision of the Bylaw.
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PENALTY
9.
(1) A Bylaw Enforcement Officer who has reason to believe that a person has
contravened any provision of the Bylaw, on a second offence, may serve on
that person a Notice of Violation, which Notice of Violation shall
indicate that the Municipality will accept voluntary payment in the sum of
One hundred ($100.00) to be paid to the Municipality within fourteen
(14) days.
(2) Where the Municipality receives voluntary payment of the amount prescribed
under Section 9(1) within the time specified, the person receiving the
Notice of Violation shall not be liable to prosecution for the alleged
contravention.
(3) Payment of any Notice of Violation does not exempt the person from
enforcement of an order pursuant to Section 4 of this bylaw.
(4) (a) Every person who contravenes any provision of this bylaw is guilty of
an offence and liable on summary conviction:
(i) in the case of an individual, to a fine not exceeding $10,000;
(ii) in the case of a corporation , to fine of not more than
$25,000.00; and
(iii)in the case of a continued offence, to a maximum daily fine of
not more than $2,500.00 per day.
(b) In default of payment of any penalty imposed pursuant to paragraph (a)
of this subsection, the person convicted may be committed to a jail,
the guardroom of the Royal Canadian Mounted Police, or to a public
lockup for any time determined by the said Judge of the Magistrates'
Court or Justice of the Peace not exceeding Thirty (30) days unless
the penalty
and costs, including the costs of committal and of the
conveyance of the person convicted to the said jail, guardroom or
lockup are sooner paid.
10. This bylaw shall take effect March 18, 2013
11. Bylaw No. 92-91 is repealed on March 18, 2013
12. Council Approval
Mayor
[SEAL]
Administrator
Certified a True Copy of Bylaw number 201-13
Adopted by resolution on the 18th day of March, 2013
_________________________
Administrator
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Form F1 to Bylaw No. 201-13
TOWN OF KELVINGTON
APPLICATION FOR A FENCE PERMIT
construct
I hereby make application for a permit to
alter
a fence
reconstruct
according to the information below and to the plans and document attached to this application.
Civic address or location of work:
Legal description --- Lot
Block
Plan
Owner
Address
Telephone
Designer
Address
Telephone
Contractor
Address
Telephone
Nature of Work
Fences Materials
Height
Estimated value of construction
I hereby agree to comply with the Bylaws of the local authority and acknowledge that it is my
responsibility to ensure compliance with the bylaws of the local authority and with any other
applicable bylaws, acts, regulations, regardless of any plan review or inspections that may or may not
be carried out by the local authority or its authorized representative.
Date
Signature of Owner or Owner's Agent
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Form F2 to Bylaw No. 201-13
TOWN OF KELVINGTON
FENCE PERMIT #
Permission is hereby granted to
To
a fence on civic address
Lot
Block
Plan
In accordance with the application dated
.
This permit expires six months from the date of issue or, if work is suspended for a period of longer
than six months, by prior written agreement of the local authority or its authorized representative.
Set backs of the fence are to be as indicated below and as shown on the diagram.
This permit is issued subject to the following conditions:
Any deviation, omission or revision to the approved application required approval of the local authority
or its authorized representative.
Date
Signature of Authorized Representative
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