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March 10, 1998
To:North York Community Council
From:George M. Dixon,
City Solicitor, North York
Subject:Fence - Request for Exemption - Mr. P. Beale, 31 Arran Crescent - in the Community of North York, Ward 10
Purpose:
To report on an application to permit the existing swimming pool enclosure (fence) to remain as constructed
notwithstanding the fence is electrified and therefore contrary to North York Fence By-law 30901, as amended.
Financial Implications:
There are no financial implications for the City.
Recommendations:
It is recommended that the request to maintain an electrified fence on the property be refused.
Background:
The former City of North York enacted Fence By-law 30901 on July 8, 1992 being a by-law for requiring the owners of
privately owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools. The by-law
further prohibits any attachment to a fence to be used as a conductor of electrical current.
Discussion:
The subject property is located on the east side of Arran Crescent in the area east of Yonge Street and south of Steeles
Avenue East. There is a two storey dwelling on the property and a swimming pool in the rear yard. The property backs onto
Brebeuf High School. Upon receiving a complaint concerning an electrified fence, an inspection of the property revealed
the following deficiencies:
- The gate providing access to the back yard is not locked when the pool area is not in use, and
- The fence has a wire attached to it for the purpose of conducting an electrical current.
Section 2.2.1 of the fence by-law states:
AThe owner of every swimming pool shall ensure that any access point forming part of the swimming pool enclosure is
kept locked, except when the enclosed area is in use.@
Section 4.1.3 of the same by-law states:
ANo person shall permit a fence or any attachment to a fence to be used as a conductor of electrical current.@
The owner of the property has taken steps to keep the gate locked when the pool area is not in use therefore, the only
outstanding issue is with respect to the electrified fence. The existing wood fence encompasses the back yard and has a wire
attached to the top of it which carries 12 volts of current. The applicant submits that the electrified fence is necessary to in
order to cope with squirrels, raccoons and chipmunks that frequent his garden. The North York Animal Control unit
advises that to the best of their knowledge there are no unusual problems in this particular area with respect to nuisance
wildlife. A site plan and three photographs are attached hereto.
As the photographs of the property indicate, there would be no difficulty for small rodents such as squirrels and chipmunks
to circumvent the electric wire by accessing the property through gaps at the bottom of the fence. Furthermore, given the
location of trees on the property, it is not likely that raccoons would be discouraged from accessing the property as well.
Rather than maintaining an electrical fence to try and discourage wildlife, it might be beneficial for the applicant to contact
North York=s Animal Control staff for advice on steps that can be taken to >wildlife proof= his property using more
conventional methods.
Conclusions:
It is therefore recommended that the electrical conductor on the fence be removed forthwith inasmuch as there is no
hardship placed on the applicant to comply with the fence by-law.
Contact Name:
David Roberts, Director of By-law Enforcement Services,
North York Civic Centre
395-7020, Fax 395-7056, E-mail: Dave@City.North-York.on.ca
George M. Dixon
City Solicitor, North York
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