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Home My WebLink AboutChapter 842 - Hedges - Other Objects -Traffic HazardsKITCHENER 842.1 JUNE 2024 STREET Chapter 842 HEDGES - OTHER OBJECTS TRAFFIC HAZARDS Article 1 INTERPRETATION 842.1.1 Corner visibility triangle - defined 842.1.2 Driveway line - defined 842.1.3 Driveway visibility triangle - defined 842.1.4 Highway - defined 842.1.5 Highway line - defined 842.1.6 Object - defined 842.1.7 Person - defined 842.1.8 Sidewalk - defined 842.1.9 Zoning By-law – defined 842.1.10 Administrative penalty by-law – defined 842.1.11 Designated provision – defined Article 2 GENERAL PROVISIONS 842.2.1 Object - within corner visibility triangle - height 842.2.2 Hedge - maximum height - distance from highway 842.2.3 Obstruction - pedestrian - traffic - visibility 842.2.4 Exceptions - set out 842.2.5 Remedy by City - owner's failure to comply 842.2.6 Remedy by City - immediate danger 842.2.7 Remedy by City - owner's expense 842.2.8 Entry to dwelling unit - restriction JUNE 2024 842.2 KITCHENER 842.1.1 HEDGES - OTHER OBJECTS 842.1.5 Article 3 ENFORCEMENT 842.3.1 Fine - for contravention 842.3.2 Administrative Penalty By-law - applications 842.3.3 Administrative Penalty By-law - contravention 842.3.4 Provincial Offences Act 842.3.5 Non-payment 842.4.1 Validity Article 4 SEVERABILITY Article 1 INTERPRETATION 842.1.1 Corner visibility triangle - defined "comer visibility triangle" means a triangular area formed within a comer lot by the intersecting highway lines or the projections thereof and a straight line connecting them 7.5 metres from their point of intersection. A comer lot is a lot situate at the intersection ot: and abutting, two highways, or parts of the same highway, the adjacent sides of which highway or highways (or in the case of a curved comer, the tangents of which) contain an angle of not more than 135 degrees. 842.1.2 Driveway line - defined "driveway line" means the line forming a boundary between that portion of a lot not normally used by vehicular traffic and the lateral limit of a driveway. 842.1.3 Driveway visibility triangle - defined "driveway visibility triangle" means a triangular area formed within a lot by the intersection of a driveway line and a highway line or the projections thereof and a straight line connecting them4.57 metres from their point of intersection. 842.1.4 Highway - defined "highway" means a common and public highway and includes a street or lane. 842.1.5 Highway line - defined "highway line" means the line forming a boundary between a lot and lateral limit of a highway. KITCHENER 842.3 JUNE 2024 842.1.6 HEDGES - OTHER OBJECTS 842.2.3 842.1.6 Object - defined "object" means any thing which may obstruct traffic or obscure traffic visi- bility and, for greater certainty but not so as to restrict the generality of the foregoing, may include any tree, shrub, bush, hedge or lawn ornament, but does not include any fence or sign. 842.1.7 Person - defined "person" means and includes a corporation and a partnership and the heirs, executors, administrators and other legal representatives of a person to whom the context can apply according to law. 842.1.8 Sidewalk - defined "sidewalk" means that portion of a highway between the curb line and the property line of the lot abutting the highway improved for the use of pedes- trians. 842.1.9 Zoning By-law - defined "Zoning By-law" means any by-law administered by The Corporation of the City of Kitchener passed pursuant to section 34 of the Planning Act, R.S.O. 1990, c. P.13, or a predecessor or successor thereof as may be amended from time to time. 842.1.10 Administrative penalty by-law – defined “administrative penalty by-law” means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof. 842.1.11 Designated provision – defined “designated provision” means any section of this Chapter designated in accordance with Article 3. Article 2 GENERAL PROVISIONS 842.2.1 Object - within corner visibility triangle - height No person shall erect, construct or situate or permit to be erected, con- structed or situated an object exceeding a height of 1 metre (3.2 feet) above the grade of the abutting highway within any comer visibility triangle. The height above the grade shall be measured from the nearest edge of that por- tion of the highway which is paved for the use of motor vehicles. 842.2.2 Hedge - maximum height - distance from highway No person shall plant or maintain or permit to be planted or maintained a hedge exceeding a height of 1 metre (3.2 feet) above the grade of the abutting highway within any driveway visibility triangle. The height above the grade shall be measured from the nearest edge of that portion of the highway which is paved for the use of motor vehicles. 842.2.3 Obstruction - pedestrian - traffic - visibility No person shall erect, construct or situate or permit to be erected, con- structed or situated an object that: JUNE 2024 842.4 KITCHENER 842.2.4 HEDGES - OTHER OBJECTS 842.2.8 (a) obstructs normal pedestrian or vehicular traffic on a highway including a sidewalk; or (b) obscures clear visibility of normally approaching pedestrian or vehicular traffic on a highway including a sidewalk. 842.2.4 Exceptions - set out Sections 842.2.1, 842.2.2 and 842.2.3 do not apply to those areas zoned D-1 and D-2 by the Zoning By-law ofThe Corporation of the City of Kitchener. 842.2.5 Remedy by City - owner's failureto comply Where a person who is directed or required to do a matter or thing in accor- dance with the provisions of this Chapter does not do so and in the opinion of the Director of Enforcement the costs associated with such matter or thing are not anticipated to exceed Five Thousand Dollars ($5,000), the Director of Enforcement or his/her designate is hereby delegated the authority to cause the matter or thing to be done and for this purpose to enter or cause the City's employees or agents together with persons accompanying them who are under their direction from time to time to enter in and upon land or struc- tures at any reasonable time for the purpose of causing the matter or thing to be done in accordance with the requirements of this Chapter. 842.2.6 Remedy by City - immediate danger Notwithstanding Section 842.2.5, if the person who is directed or required to do a matter or thing in accordance with the provisions of this Chapter fails to do the matter or thing and in the opinion of the Director of Enforcement such failure to comply with the requirement or direction poses an immediate dan- ger to the health or safety of any person, the Director of Enforcement is hereby delegated the authority to cause the thing or matter to be done to the extent that in the Director of Enforcement's sole opinion is necessary to rem- edy the immediate danger to the health or safety of any person and for this purpose to enter or cause the City's employees or agents together with per- sons accompanying them who are under their direction from time to time to enter in and upon land or structures at any reasonable time for the purpose of causing the matter or thing to be done in accordance with the requirements of this Chapter. 842.2.7 Remedy by City - owner's expense Where a matter or thing is done in accordance with Section 842.2.5 or 842.2.6, it shall be done at the expense of the person directed or required to do it and the municipality may recover the costs by action or by adding them to the tax roll and collecting them in the same manner as taxes. 842.2.8 Entry to dwelling unit - restriction Notwithstanding Section 842.2.5 or 842.2.6, any entry to a room or place be- ing used as a dwelling unit shall be in accordance with the provisions of the Municipal Act, 2001. KITCHENER 842.5 JUNE 2024 842.3.1 HEDGES - OTHER OBJECTS 842.4.1 Article 3 ENFORCEMENT 842.3.1 Fine - for contravention Every person who contravenes any provisions of this Chapter is guilty of an offence and is liable, upon conviction, to a fine not exceeding Five Thousand Dollars ($5000), exclusive of costs, for each offence, and every such fine is recoverable under the Provincial Offences Act. 842.3.2 Administrative Penalty By-law – applications Article 2 of this Chapter is hereby designated as the part of this Chapter to which the Administrative Penalty By-law applies. 842.3.3 Administrative Penalty By-law – contravention Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 842.3.4 Provincial Offences Act The Provincial Offences Act continues to apply to the provisions of this by- law in addition to the designated provisions of this by-law. 842.3.5 Non-payment Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 842.3.3. Article 4 SEVERABILITY 842.4.1 Validity Each and every of the provisions of this Chapter is severable and if any pro- vision of this Chapter should for any reason be declared invalid by any court, it is the intention and desire of this Council that each and every of the then re- maining provisions of this Chapter shall remain in full force and effect. By-law 97-23, 3 February 1997; By-law 98-141, 21 September 1998; By- law 2001-240, 10 December 2001; By-law 2006-13, 16 January 2006, By- law 2024-015, 22 January 2024.