Whitby By-law 3657-95, s. 1(a) — Division Fence By-law

“actual cost” means the total cost of the construction, reconstruction or repair of a division fence and includes the value of the materials used and the value of the labour performed to complete the work;

• (b) “adjoining Owner” includes all persons who are the registered owners or occupants of any lands which abut the parcel of land that is the subject of an application or an action for apportionment of the cost of a division fence pursuant to this by-law or the Provincial Offences Act R.S.O. 1990, c.P.33, as may be amended from time to time;
• (c) “basic cost” means the cost of constructing, reconstructing or repairing a division fence of any kind and is an amount of money equal to the cost of the construction, reconstruction or repair of a four foot high steel chain link fence which is,
• (i) not greater than 1 ½ inch diamond mesh;
• (ii) constructed of galvanized steel wire not less than No.12 gauge or minimum 14 gauge steel wire covered with vinyl forming a total thickness equivalent to No.12 gauge galvanized wire;
• (iii) supported by at least 1 ½ inch diameter galvanized steel posts encased in a minimum of two inches of concrete above grade to a minimum of two feet below grade, such posts to be spaced not more than ten feet apart; and,
• (iv) provided with top and bottom horizontal rails with a minimum of 1 ¼ inch diameter it being understood that galvanized steel tension rod may be substituted for the bottom horizontal steel rails.
• (d) “division fence” means a fence marking the boundary between adjoining parcels of land;
• (e) “municipality” includes the Regional Municipality of Durham; and,
• (f) “owner” means a registered owner or occupant of land who initiates procedures pursuant to this by-law to install and apportion the costs of a division fence and “owner” includes the person managing or receiving the rent for the land or premises whether on his own account or as agent or trustee for the owner.