The North York Community Council recommends the adoption of the following report (March 10, 1998) from the Solicitor, North York Civic Centre:

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 No. 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 No. 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:

"The 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:

"No 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

Mr. Phillip Beale appeared before the North York Community Council in connection with the foregoing matter.

(A copy of the site plan and photographs referred to in the foregoing report are on file in the office of the City Clerk, North York Civic Centre.)