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## TOWN OF KINISTINO
## BYLAW NO. 04/12
## A BYLAW REGULATING THE PLANTING OF SHRUBS, TREES, HEDGES AND ERECTION OF FENCES, RETAINING WALLS, ETC.
The Council of the Town of Kinistino in the Province of Saskatchewan, enacts as follows:
- 1.0 This Bylaw shall be cited as the "Fence Bylaw".
## 2.0 DEFINITIONS:
- 2.1.1 the vertical measurement taken from the back edge of the sidewalk immediately adjacent to the object of concern, if within a sight triangle, or
- 2.1 Height: shall mean:
- 2.1.2 the vertical measurement taken from the average grade level along the object of concern, if not within a sight triangle.
- 2.3 Boulevard: shall mean that portion of a highway between the curb lines or lateral lines of the roadway and the adjoining property line exclusive of the sidewalk.
- 2.2 Retaining Wall: shall mean any structure that provides or is capable of providing lateral support for a mass of soil.
- 2.4 Building Inspector: shall mean the Building Inspector of the Town of Kinistino or any person acting or authorized by him to act on his behalf.
- 2.5 Required Front Yard: shall mean the area from the front property line to the minimum front building line as established in the zoning bylaw. In the case of a corner site, the front property line shall mean the narrowest legal street frontage of the lot or lots.
- 2.6 Highway: shall have the same meaning as in The Highway Trajjic Act and shall include the whole and entire width as surveyed of every street, avenue, lane, public drive or driveway in an auto court or motel or other public place.
- 2.7 Intersection: shall mean that area bounded by property lines, real or produced, of two or more highways which meet or cross each other.
- 2.8 Roadway: shall mean and include that part of a highway designed or intended for use by vehicular traffic.
- 2.9 Sight Triangle: shall mean that area contained in the triangle formed by measuring six (6.0) metres in each direction from the street corner of the property.
## 3.0 HEDGES AND SHRUBS
- 3.1 At Street Intersections: No personal shall plant or maintain any hedge or shrub, which exceeds 1.0 metres in height within the sight triangle.
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- 3.2 At Lane Intersections: No person shall plant or maintain any hedge or shrub, which exceeds 1.0 metres in height past the property line.
- 3.4
- 3.3 On Boulevards: No person shall plant or maintain on the boulevard any hedge or shrub which exceeds 1.0 metres in height or obstructs the free passage of pedestrians along any part of the abutting sidewalk.
- 3.4.1 plant or maintain any hedge, plant, tree or shrub within 1.0 metre, and in no case shall any form of obstruction be allowed in front of
- 3.4.2 Place, permit or allow rocks, stones, wood, metal, or any other substances, other than grass, on the ground within 1.0 metre of any hydrant.
## 4.0 TREES
- 4.2 On Boulevards: No person shall plant or maintain on the boulevard a tree or trees having branches which in any manner obstruct the free passage of either vehicles or pedestrians, obstruct the view for vehicular trattic, or which interfere with power and/or telephone lines.
- 4.1 At Street Intersections: In order to provide an unobstructed view for vehicular traffic, no person shall plant or maintain a tree or trees within the sight triangle unless the branches of such tree or trees are trimmed between ground level and a height of 1.8 metres, or unless the tree or trees are less than 1.0 metres in height.
- 4.3 In Lanes: No person shall plant or maintain at the rear of his property a tree or trees which in any manner will obstruct the free passage of vehicles or pedestrians using the lane, or which will interfere with power and/or telephone lines.
## 5.0 FENCES
- 5.1 Materials: Acceptable fencing materials are aluminum, iron, composite, vinyl or wood. Any deviation requires the approval of Council.
- 5.2 Regulations: No person shall construct a fence
- 5.2.2 which exceeds 2.0 metres above grade level in the side or rear yards, or on a site line adjacent to a required side or rear yard, in any residential district, except with written consent of Council.
- 5.2.1 in a required front yard, or on a site line adjacent to a required front yard, which exceeds 1.0 metres above grade level. The fence must be erected at least 0.6 m inside of the property line.
- 5.2.3 using barbed wire or electrification in any residential district. In commercial and/or industrial districts, barbed wire may be used on the top of a 1.8 metres high chain link fence for security reasons.
- 5.4 Around Hydrants: No person shall construct a fence or other form of obstruction, within 1.0 metre of any hydrant, and in no case shall any form of obstruction be allowed in front of any hydrant.
- 5.3 At Lane Intersections: No person shall construct any fence, which exceeds 1.0 metres in height past the property line.
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## 6.0 RETAINING WALLS
- 6.1
- 6.2 Shal Corio tute filiginal le constioused in the Town of Kinistino
- 6.2.32 outieres i height i lass mayte scuestucted right against the back edge of the sidewalk.
- 6.2.3.4 Exceeding 0.9 metres in height but not more than 1.5 metres in height shall be set back not less than 0.9 metres from the back of the sidewalk.
- 6.2.3.3 Exceeding 0.3 metres in height, but not more than 0.9 metres in height, shall be set back not less than 0.5 metres from the back of the sidewalk.
- 6.2.3.5 Exceeding 1.5 metres in height shall not be allowed to be constructed on any boulevard.
- 6.2.5 At Lane Intersections: Retaining walls shall not exceed 0.8 metres in height if constructed on the boulevard.
- 6.2.4 At Street Intersections: Retaining walls shall not exceed 0.8 metres in height if constructed within the sight triangle.
## 7.0 ENFORCEMENT AND PENALTIES
- 7.2 Boulevards and Easements: When a retaining wall, fence or any other matter or thing has been constructed, or a hedge, shrub or tree has been planted on the boulevard, on Town owned property, or easements which are required by the Town for utilities, widening of the street, or any othe purpose whatsoever, the Town shall have the right to order the owner t remove the retaining wall, fence, hedge, shrub or tree and should the owner fail or neglect to remove the same within the time specific in the order, the Town shall have the right to remove the said retaining wall, fence, hedge, shrub or tree at the owner's expense, and if the cost of the work remains unpaid on the thirty-first (31) day of December of the year in which the sum became payable, the sum shall be added to and form part of the taxes on the land in respect of which the work was done.
- 7.1 Nuisance: When deemed necessary, the Council may by resolution declare any retaining wall or fence a nuisance and all provisions of Section 364 of The Municipalities Act shall apply.
## 7.3 Penalties:
- 7.3.1 Except where otherwise specified in this Bylaw, any person who
contravenes any provision of this Bylaw is guilty of an offense punishable on summary conviction by a fine in an amount not exceeding:
- 7.3.1.1 two thousand ($2,000.00) Dollars in the case of an individual;
- 7.3.1.2 five thousand ($5,000.00) Dollars in the case of a corporation.
## 8.0 APPLICATION OF THIS BYLAW
If a court of competent jurisdiction should declare any section or subsection of this Bylaw to be invalid, such section or subsection shall not be construed as having persuaded the Council to pass the remainder of the Bylaw, and it is hereby declared that the remainder of this Bylaw shall be valid and remain in force.
## 9.0 EFFECTIVE DATE
This Bylaw shall come into force and effect from and after the date of the final reading.
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LOWN
OP
eal
HESKATHENA
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Fingere
Khanda Bacon
Town Administrator
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Certified to be a true copy of Bylaw No. 04/12 adopted by resolution of Council on the 12' day of September, 2012.
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Phonda Bacon
Administrator
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