Markham : Règlement no 2015-96, art. 2.1 — In this By-law

In this By-law:

• “Above Ground Swimming Pool ” means any swimming pool whose sides rest fully above the surrounding earth; “Alter ” means to change in any manner and includes to restore, renovate, repair or disturb and “ Alteration ” has a corresponding meaning; “Boulevard ” means the portion of the Highway between a street line and the edge of the curb, or where there is no curb, that portion of the Highway which is travelled or designed to be travelled by vehicles; “City ” means The Corporation of the City of Markham; “City Property ” means all vacant or other lands owned or managed by the City and includes but is not limited to highways, roadways, sidewalks, boulevards, pedestrian ways and watercourses; “Construction Materials ” includes gravel, limestone, soil, sod, bricks, paving stones, landscaping rocks, wooden planks and boards; “Construction ” means anything done in the erection, installation, extension or material Alteration, demolition, or repair of a building or structure, utility or surface, grading of property and includes the installation of building units fabricated or moved from elsewhere and installation of an in-ground/on-ground swimming pool including the installation of a Hot Tub, Above Ground Swimming Pool or landscaping; “Contractor ” means any Person alone or with others undertaking Construction on a Property; “Council ” means the Council of the City; “Covering Plate Device ” means a metal or plexiglass device which attaches to or forms part of a metal or wrought iron gate latching device, and which restricts access to the interior self latching device from the exterior of the gate; “Discharge ” (“discharged”) means the act of depositing, discharging, draining or causing or permitting the deposit, discharge or drainage of pool, Hot Tub, Above Ground Swimming Pool, wading pool and landscaped pond water; “Disrepair ” means a Pool or Enclosure that does not function for its intended purpose in that it is dilapidated, broken, has missing components, is constructed of materials not approved by this By-law, or is By-law 2015-96 constructed in a manner not approved by this By-law; “Enclosure ” means a Fence, wall or other structure, including doors and gates, surrounding a privately owned outdoor Pool to restrict access thereto; and pool enclosure and swimming pool enclosure shall have the same meaning; “Fence ” includes a railing, wall, line of posts, wire, gate, boards, pickets, or other similar material, used to enclose or divide in whole or in part a yard or other land, or to establish a property boundary, or to provide privacy; “Highway ” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, including the area between the lateral property lines thereof and includes unopened and unassumed road allowances; “Hot Tub ” means a body of water located outdoors contained by artificial means, with mechanisms allowing for the direction and/or adjustment of jets of warm water flowing in a rapidly rotating and circular current, and which produces a depression or cavity in the centre, and “hot tub” includes tubs which are commonly called “spas” or “whirlpools”; “Inflatable Pool ” means a pool, as defined in this By-law, consisting of an air supported structure which contains or is capable of containing water with a depth in excess of 0.6m (24 inches) at any point; “Manager ” means the Manager of By-law and Regulatory Services or his/her designate; “Municipal Law Enforcement Officer ” (“Officer”) means an employee of the City who has been appointed by By-law to enforce the provisions of City By-laws or a member of the York Regional Police; “Natural Body of Water ” means a creek, stream, bog, marsh, fenn, river, pond or lake created by the forces of nature and which contains water and includes ponds maintained on lands where an active Golf Course, Cemetery or Agricultural Use is carried on, whether naturally occurring or manufactured; “Obstruct ” (“obstruction”) means encumber, damage, foul, or Alter; “Owner ” means the registered owner of the property owner but also includes a lessee, tenant or occupant who has care or control of a property upon which a Pool is located and also includes all persons involved in the installation, excavation or erection of a Pool or Enclosure; “Person ” includes a corporation, partnership or limited partnership; “Pool ” shall mean any body of water located outdoors on privately owned Property, contained in whole by artificial means, in which the depth of the water at any point can exceed 0.6 metres (24 inches), and includes spas, Hot Tubs, landscaped ponds, wading pools, Above Ground Swimming Pools, Inflatable Pools and in ground swimming pools but does not include a Storm Water Management Facility or a Natural Body of Water; “Property ” means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected, and is divided into; By-law 2015-96 “Road Occupancy Permit ” (“Permit”) means a road occupancy permit issued by the City pursuant to By-law 2013-136 as amended from time to time and any other permit as required to undertake work on a Highway. “Self-Closing Device ” means a mechanical device or spring which returns a Pool Enclosure gate to its closed position within 30 seconds after it has been opened; “Self-Latching Device ” means a mechanical device or latch which is engaged each time the gate is secured to its closed position, which will not allow the gate to be re-opened by pushing or pulling, and which will ensure the Pool Enclosure gate remains closed until unlatched by either lifting or turning the device itself directly or by a key; “Standing Water ” means any water found on Property other than a Natural Body of Water which is not continuously in movement; “Work Order ” shall mean an order issued under this By-law to the Owner of a Property requiring the Owner who contravened the By-law or who caused or permitted the contravention of this By-law or the Owner of the Property on which the contravention occurred requiring the owner to do work to correct the contravention.