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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
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
KITCHENER 842.1 FEBRUARY 2006
842.1.1 HEDGES- OTHER OBJECTS 842.1.5
Article 3
ENFORCEMENT
842.3.1 Fine-for contravention
Article 4
SEVERABILITY
842.4.1 Validity
Article 1
INTERPRETATION
842.1.1 Corner visibility triangle-defined
"comer visibility triangle"means a triangular area formed within a corner 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 corner lot is a
lot situate at the intersection of,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 corner,the tangents of which)contain an angle of not more
than 135 degrees.By-law 97-23,3 February, 1997.
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 imit of a driveway.
By-law 98-141,21 September, 1998.
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 them 4.57 metres from their point of in-
tersection. By-law 98-141, 21 September, 1998; By-law 2001-240, 10
December,2001.
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.
FEBRUARY 2006 842.2 KITCHENER
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 ofpedes-
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 Pict,R.S.O.
1990, c. P.13, or a predecessor or successor thereof, as may be amended
from time to time.By-law 98-141,21 September, 1998.
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 corner 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. By-law
97-23,3 February, 1997.
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 ofmotor vehicles.By-law 98-141,21 September,1998.
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:
(a) obstructs normal pedestrian or vehicular traffic on a highway
including a sidewalk;or
KITCHENER 842.3 FEBRUARY 2006
842.2.4 HEDGES- OTHER OBJECTS 842.2.8
(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 of The Corporation of the City of Kitchener.
By-law 97-23,3 February, 1997.
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 orplacebe-
ing used as a dwelling unit shall be in accordance with the provisions of the
Municipal Act, 2001. By-law 2006-13, 16 January,2006.
FEBRUARY 2006 842.4 KITCHENER
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.
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.
KITCHENER 842.5 FEBRUARY 2006