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TOWN OF CALMAR
BYLAW #2023-07
BEING A BYLAW OF THE TOWN OF CALMAR, IN THE PROVINCE OF ALBERTA,TO REGULATE THE
KEEPING OF HENS IN URBAN AREAS.
WHEREAS, pursuant to section 7 of the Municipal Government Act Vne council of a municipality may pass
bylaws for municipal purposes respecting: the safety, health andwelfare of people and the protection of
people and property; wild and domestic animals.and activities in relation to them; and the enforcement of
bylaws; and
WHEREAS, pursuant to section 8 of the Municipal Government Act the council of a municipality may, in a
bylaw, regulate or prohibit and to provide for a system of licences.permits and approvals.
NOW THEREFORE, the Council of the Town of Calmar, in the Province of Alberta, assembled enacts as
follows:
1.
TITLE
This bylaw may be called the "Urban Hens Bylaw."
2.
The purpose of this bylaw is to regulate and control the keeping of urban hens within the Town of
Calmar.
3.
For the purposes of this bylaw:
"Bylaw Enforcement Officer" means a person appointed Bylaw/Peace Officer by the Town
of Calmar Chief Administrative Officer;
a)
b)
"Coop" means a fully enclosed weatherproof structure and attachedOutdoor Enclosure
used for the keeping of urban hens, that is no larger than 10 m2 in floor area, and no
more than 2.4m in height;
c)
Hen" means a domesticated female chicken;
"Municipal Tag" means a document alleging an offence issued pursuantto the authority of
a Bylaw of the Town;
d)
'Outdoor Enclosure" means a securely enclosed, roofed outdoor areaattached to and
forming part of a coop having a bare earth or vegetatedfloor for urban hens to roam;
e)
"Rooster" means a domesticated male chicken;
"Urban Chicken" means a Hen that is at least 16 weeks of age;
"Urban Hens License" means a license issued by the Chief Administrative Officer or designate
pursuant to this Bylaw authorizing the license holder to keep urban hens on a specific property
within the Town of Calmar;
f)
g)
h)
i)
"Violation Ticket" has the same meaning as in the Provincial OffencesProcedure Act]
"Urban Area" means lands located within the Municipal Boundary of the Town.
j)
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4.
PROHIBITIONS
In an Urban Area, no person shall:
a)
keep a Rooster;
b)
keep a hen, other than an urban hen for which a valid urban hen's license has been issued;
c)
have no more than one coop on a property.
5.
URBAN HEN'S LICENSE
A person may apply to keep no more than (4) urban hens by:
a)
submitting a completed application, on the form approved by the Chief Administrative
Officer or designate, and
b)
Applicants shall advise the adjacent landowners of their intention to keep urban hens;
c)
paying an application fee and then the renewed yearly fee as per the Fees and Charges
Bylaw.
6.
The Chief Administrative Officer or designate may not issue an urban hen license unless
satisfied that;
the applicant is the owner of the property on which the urban hens will be kept, or that the
owner of the property has provided written consent to the application;
a)
b)
the applicable fee has been paid; and
c)
all required information has been provided.
The maximum number of licenses that may be issued shall be one Urban Hen License per one
hundred (100) persons based on the population of the Town of Calmar as determined in the most
recent municipal census.
7.
The Chief Administrative Officer or designate may refuse to grant an Urban Hen License for
the following reasons:
8.
the applicant or license holder does not or no longer meets the requirements
of this bylaw for an Urban Hen License;
a)
b)
the applicant or license holder:
furnishes false information or misrepresents any fact orcircumstance
to the Chief Administrative Officer or a Bylaw/Peace Officer;
I.
has, in the opinion of the Chief Administrative Officer based on reasonable
grounds, contravened this bylaw whether or not the contravention has been
prosecuted;
fails to pay a fine imposed by a court for a contravention of thisBylaw or any
other applicable Bylaw related to the keeping of urban hens;
III.
fails to pay any fee required by this or any applicable Bylaw; or
IV.
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C)
in the opinion of the Chief Administrative Officer based on reasonable grounds it is in the
public interest to do so.
9.
If the Chief Administrative Officer or designate refuses to grant an Urban Hen License, the applicant
may appeal the decision to the Town Council.
10.
An Urban Hen License is valid if the applicant resides on the property listed on the application.
11.
An Urban Hen License is not transferable from one person to another or from one property to
another.
12.
A person to whom an Urban Hen License has been issued shall produce the license at the
demand of the Chief Administrative Officer or designate or a Bylaw/Peace Officer.
13. KEEPING OF URBAN HENS
A person who keeps Urban Hens must:
provide each Hen with at least 0.37 m^ (3.98 ft^) of interior floor area, and at least 0.92 m" (9.9
ft2)of Outdoor Area and;
a)
supervise free range urban hens at all times;
b)
provide and maintain, in the Coop, at least one nest box per coop and oneperch per Hen,
that is at least 15 cm long;
c)
d)
provide each Hen with food, water, shelter, light, ventilation, care, and opportunities for
essential behaviours such as scratching, dustbathing,and roosting, all sufficient to
maintain the Hen in good health;
place the coop a minimum of 1.0 m (3.3 ft.) from each property boundary and located at
the rear of the property, 3,0 m from all dwelling windows and doors;
e)
ensure the coop is no higher than 2.4 m (8 ft.) in height;
f)
maintain the coop in good repair and sanitary condition, and free fromvermin and
noxious or offensive smells and substances;
g)
construct and maintain the coop to prevent any rodent from harbouring underneath or
within it or within its walls, and to prevent entrance by anyother animal;
h)
keep a food container and water container in the coop;
i)
j)
keep the coop secured from sunset to sunrise;
remove leftover feed, trash, and manure in a timely manner;
k)
store feed within a fully enclosed container;
I)
and manure within a fully enclosed container, and store no more than
3 cubic feet of manure at a time;
m)
remove all other manure not used for composting or fertilizing and disposeof same in
accordance with Town bylaws;
n)
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0)
follow biosecurity procedures recommended by the Canadian Food Inspection
Agency to reduce potential for disease outbreak; and
keep Hens for personal use only.
P)
14.
No person who keeps Urban Hens shall:
a)
sell eggs, manure, meat, or other products derived from Hens;
b)
slaughter a Hen on the property;
c)
dispose of a Hen except by delivering it to a farm, abattoir, veterinarian, orother operation
that is lawfully permitted to dispose of Hens; and
keep a Hen in a cage, kennel, or any shelter other than a coop.
d)
OFFENCE AND PENALTIES
15.
A person who contravenes any provision of this Bylaw is guilty of an offence.
a)
A person who is guilty of an offence is liable to a fine in an amount not less than
$100.00.
b)
Without restricting the generality of section 16, the fine amount established for use on
Municipal Tags and for Violation Tickets if a voluntary payment option is offered is $150.00.
c)
MUNICIPAL TAG
16.
A Bylaw/Peace Officer is authorized and empowered to issue a Municipal Tag to any person who the
Bylaw/Peace Officer has reasonable and probable grounds to believe has contravened any provision
of this Bylaw.
A Municipal Tag may be issued to such person:
17.
either personally; or
a)
by mailing a copy to such person at his or her last known post officeaddress.
b)
The Municipal Tag shall be in a form approved by the Chief Administrative Officer and shall state:
18.
the name of the Person;
a)
the offence;
b)
the specified penalty established by this Bylaw for the offence;
c)
that the penalty shall be paid within 14 days of the issuance of theMunicipal Tag; and
d)
any other information as may be required by the Chief Administrative Officer.
e)
PAYMENT IN LIEU OF PROSECUTION
19.
Where a Municipal Tag is issued pursuant to this Bylaw, the person to whom the Municipal Tag is
issued may, in lieu of being prosecuted for the offence, pay to the Town the penalty specified within
the time period indicated on the Municipal Tag.
20.
A/
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S.L
21. VIOLATION TICKET
a)
If a Municipal Tag has been issued and if the specified penalty has not been paidwithin the
prescribed time, then a Peace Officer is authorized and empowered to issue a Violation Ticket
pursuant to the Provincial Offences Procedure Act.
b)
Despite section 22, a Peace Officer is authorized and empowered to issue a Violation Ticket
to any person who the Peace Officer has reasonable and probable grounds to believe has
contravened any provision of this Bylaw.
c)
If a Violation Ticket is issued in respect of an offence, the Violation Ticket may:
specify the fine amount established by this Bylaw for the offence; or
I.
require a person to appear in court without the alternative of making a
voluntary payment.
22. VOLUNTARY PAYMENT
A person who commits an offence may
If a Violation Ticket is issued in respect of the offence; and
a)
if the Violation Ticket specifies the fine amount established by this Bylaw for the offence;
b)
make a voluntary payment by submitting to a Clerk of the Provincial Court, on orbefore the
Initial appearance date indicated on the Violation Ticket, the specifiedpenalty set out on the
Violation Ticket.
c)
23. OBSTRUCTION
POWERS OF CHIEF ADMINISTRATIVE OFFICER
Without restricting any other power, duty or function granted by this Bylaw, theChief
Administrative Officer or designate may:
a)
carry out any inspections to determine compliance with this Bylaw;
take any steps or carry out any actions required to enforce this Bylaw;
i.
take any steps or carry out any actions required to remedy a contraventionof this
Bylaw;
establish forms for the purposes of this Bylaw; and
IV.
delegate any powers, duties, or functions under this Bylaw to a Townemployee.
V.
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24. GENERAL
Nothing in this Bylaw relieves a person from complying with any Federal or Provincial law or
regulation, other Town Bylaw, or any requirement of any lawful permit, order, or licence.
a)
25. SEVERABILITY
Every provision of this Bylaw is independent of all other provisions and if any provision of this
Bylaw is declared invalid for any reason by a Court of competent jurisdiction, all other
provisions of this Bylaw shall remain valid and enforceable.
a)
26. ENACTMENT
This Bylaw shall come into effect upon third reading.
a)
b)
Bylaw #2022-09 is hereby rescinded.
READ FIRST TIME THIS 06 DAY OF FEBRUARY 2023.
READ A SECOND TIME THIS 06 DAY OF FEBRUARY 2023.
READ A THIRD TIME, BY UNANIMOUS CONSENT, THIS 06 DAY OF FEBRUARY 2023
Mayor Carnahan
CAO Losier
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