Central Frontenac Safe Properties Bylaw Sent Back To The Drawing Board

Craig Bakay | Dec 04, 2024

Central Frontenac Council passed a slew of bylaws at its regular meeting Nov. 26 in Sharbot Lake but one that didn’t pass (deferred for further study) was a new Safe Properties Bylaw. Several councillors questioned both the logic and need of some of the provisions.

“Am I going to have to fence the beaver ponds on my lands?” asked Dep. Mayor Susan Irwin. “I have beaver ponds on my property and it (the bylaw) says ‘any pit, excavation or deep water that is unfenced or unprotected against risk or accident.’”

Irwin continued, targeting sections dealing with downed trees and brush.

“I have roughly a 200-acre property and between the emerald ash borer, Dutch elm disease and other conditions, I have a lot of deadfalls and this (bylaw) says I have to remove trees, brush and hedges, including branches .”

Irwin also took aim at what lands are defined by the bylaw.

“I think that some amendments may be required under the condition of lands,” she said. “We have a definition for yards and then it says ‘all lands.’

“That includes agricultural lands, commercial lands. The tenure of the bylaw is a little more suburban than rural.”

“I’m all in favour of receiving the report but I question how the items were decided in the Conditions of Lands section,” said Coun. Lynn Klages. “It’s a huge change from where we are now and I see the benefit of some of the things but a lot of things that are on the list seem more urban based and I think it should be more rural based for our area.

“I would like to see an ad hoc group that got some feedback from the public on what’s a more realistic list to put on this.”

“The definitions are very broad,” said Coun. Nicki Gowdy. “What if I’m a No-Mow-May person and I’m not mowing my grass in May because I want to help the pollinators

“If I’m not moving my grass to help out the pollinators, am I in non-compliance?”

Gowdy had a couple of other concerns as well.

“What if I don’t want to pile my wood in the rear of the house because I’m a senior and it’s too far to get my wood for heat in the winter?” she said. “We have a housing shortage and we also have a lot of people who are living in trailers, not mobile homes.

“Most of them are off the beaten path but we have to be careful because those people have nowhere else to go; we don’t have housing to put them up in and they don’t want to go to the city.

“Is it safe for them to be there? Heck, no. But they’ve got a roof over their heads and they’re out of the wind and weather.”

“We need to be careful though because of liability if a fire happens,” said Mayor Frances Smith.

“It might save some time in the long run but I’ve seen two bylaws I’m not happy with,” said Coun. Phillip Smith (the other being the Canine Control Bylaw). “I want to be very careful that we’re not over-reaching on property owner rights, but at the same time, protecting neighbours.

“I know it’s a very fine balance but my biggest concern is infringing on property rights.”

Bylaw enforcement officer Nicole Shorts said: “No, we’re not going to be getting people to fence off beaver pons or picking up trees. It’s just trees that are in your liveable yard.

“Safe storage means approved containers and trailers are different than mobile homes.

“I’m not out to browbeat everybody and make them have their yards pristine.

“Some people’s lawn standards are different than others (but) this is a tourist township and we don’t want to have visitors come in and say ‘what kind of a place am I renting a cottage from — it’s a dumping ground.’”

Council decided to defer the report and bylaw for staff to take another look at it.

Canine Control Bylaw

Although it passed, there was significant opposition to the Canine Control Bylaw, which Coun. Bill Everett called “Orwellian and draconian.”

911 Agreement

Council did pass bylaws on a new 911 agreement with the Township of North Frontenac and the OPP, and Administrative Monetary Penalties.