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Village of Clive
Bylaw #552-21
Urban Hen Bylaw
BEING A BYLAW OF THE VILLAGE OF CLIVE, IN THE PROVINCE OF
ALBERTA, TO REGULATE THE KEEPING OF CHICKENS IN URBAN
AREAS
WHEREAS pursuant to Section 7 of the Municipal Government Act the council of a
municipality may pass bylaws for municipal purposes respecting: the safety, health
and welfare 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
licenses, permits and approvals.
NOW THEREFORE, the Council of the Village of Clive, in the Province of
Alberta, duly assembled, enacts as follows:
Short Title
1. This bylaw may be called the "Urban Hen Bylaw".
Definitions
2. For the purposes of this bylaw:
a.
"Animal Health Act" means the Animal Health Act, SA 2007, C A-40.2
including regulations under that statute;
b.
"Chicken License" means a license issued by the Chief Administrative Officer
pursuant to this Bylaw authorizing the license holder to keep Urban Chickens
on a specific property within an Urban Area;
c.
"Coop" means a fully enclosed weather proof structure and attached Outdoor
Enclosure used for the keeping of Urban Chickens, that is no larger than 9.3 m2
(100 ft2) in floor area, and no more than 2.4 m (7.8 ft) in height;
d.
"Hen" means a domesticated female chicken;
e.
"Municipal Tag" means a document alleging an offence issued pursuant to the
authority of a Bylaw of the Village;
f.
"Outdoor Enclosure" means a securely enclosed, roofed outdoor area attached
to and forming part of a Coop having a bare earth or vegetated floor for Urban
Chickens to roam;
g.
"Peace Officer" means a member of the Village of Clive Police Service, a
member of the Royal Canadian Mounted Police, a Community Peace Officer, or
a By-Law Enforcement Officer;
h.
"Rooster" means a domesticated male chicken;
i.
"Urban Chicken" means a Hen that is at least 16 weeks of age;
j.
"Urban Area" means lands located within the Village which are zoned as
Residential Districts; and
k.
"Violation Ticket" means a violation ticket as defined in the Provincial
Offences Procedure Act, R.S.A. 2000, c. P-34.
Purpose
3. The purpose of this bylaw is to regulate and control the keeping of chickens within
Urban Areas.
Bylaw #552-21 Urban Hen Bylaw Page 2
Prohibitions
4. In an Urban Area, no person shall:
a. Keep a Rooster; or
b. Keep a Hen, other than an Urban Chicken for which a valid Chicken License
has been issued; or
c. Keep a meat bird.
Chicken License
5. A person may apply to keep no more than six (6) Urban Chickens by:
a. Submitting a completed application, on the form approved by the Chief
Administrative Officer; and
b. Paying the license fee to the Village as set out in the Rates and Fees Bylaw
#530-19 as amended each year a license is issued or renewed.
6. The Chief Administrative Officer may not issue or renew a Chicken License
unless satisfied that:
a. The applicant is the owner of the property on which the Urban Chickens will be
kept, or that the owner of the property has provided written consent to the
application;
b. The land use districting of the property on which the Urban Chickens will be
kept allows the placement of a Coop for the keeping of Urban Chickens;
c. The property on which the Urban Chickens will be kept contains a detached or
semi-detached dwelling;
d. The applicant resides on the property on which the Urban Chickens will be kept;
e. The applicable fee has been paid; and
f. All required information has been provided.
7. The maximum number of Chicken Licenses that may be issued for the year in which
this Bylaw comes into force shall be ten (10).
8. The Chief Administrative Officer may refuse to grant or renew a Chicken License
for the following reasons:
a. The applicant or license holder does not or no longer meets the requirements of
this bylaw for a Chicken License;
b. The applicant or license holder:
i.
Furnishes false information or misrepresents any fact or circumstance to
the Chief Administrative Officer or a Peace Officer;
ii.
Has, in the opinion of the Chief Administrative Officer based on
reasonable grounds, contravened this bylaw whether or not the
contravention has been prosecuted;
iii.
Fails to pay a fine for a contravention of this Bylaw or any other
applicable Bylaw related to the keeping of Urban Chickens;
iv.
Fails to pay any fee required by this or any applicable Bylaw; or
c. Fifty percent or more of the neighbours, having contiguous boundaries with the
property where the Urban Chickens will be kept, are not in support of the
application;
d. 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 refuses to grant or renew a Chicken License, the
applicant may appeal the decision to the Village of Clive Council.
10. A Chicken License is valid only for the period April 1 to March 31 in the year for
which it is issued.
11. A Chicken License is not transferrable from one person to another or from one
property to another.
12. A person to whom a Chicken License has been issued shall produce the license at the
demand of the Chief Administrative Officer or a Peace Officer.
Keeping of Urban Chickens
13. A person who keeps Urban Chickens must:
a. Comply with the Animal Health Act;
Bylaw #552-21 Urban Hen Bylaw Page 3
b. Have knowledge, experience, or training in hen keeping or have the support
and assistance from a hen keeping mentor;
c. Provide each Hen with at least 0.37 m2 (3.99 ft2) of interior floor area within
the Coop;
d. Provide each Hen with at least 0.90 m2 (9 ft2) of exterior floor area outside the
Coop;
e. Locate the Coop in a rear yard, no less than 1.0 m (3.3 ft) from the side and
rear boundaries;
f. Provide and maintain, at least one nest box for every two Hens and one perch
that is at least 15 cm (6 inches) long per Hen, in the Coop;
g. Keep each Hen in the Coop at all times;
h. Provide each Hen with food, water, shelter, light, ventilation, care, and
opportunities for essential behaviours such as scratching, dust-bathing, and
roosting, all sufficient to maintain the Hen in good health;
i. Maintain the Coop in good repair and sanitary condition, and free from
vermin and noxious or offensive smells and substances;
j. Construct and maintain the Coop to prevent any rodent from harbouring
underneath or within it or within its walls, and to prevent entrance by any
other animal;
k. Keep a food container and water container in the Coop;
l. Keep the Coop secured from sunset to sunrise;
m. Remove leftover feed, trash, and manure in a timely manner;
n. Store feed within a fully enclosed container;
o. Manage the organic waste (manure) from the hens in accordance with Village
bylaws;
p. Follow biosecurity procedures recommended by the Canadian Food
Inspection Agency to reduce potential for disease outbreak; and
q. Keep Hens for personal use only.
14.
No person who keeps Urban Chickens 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, or
other operation that is lawfully permitted to dispose of Hens; and
d.
Keep a Hen in a cage, kennel, or any shelter other than a Coop.
Offence and Penalties
15.
A person who contravenes any provision of this Bylaw is guilty of an offence.
16.
A person who is guilty of an offence is liable to a fine in an amount not less than
$100.00.
17.
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.
Municipal Tag
18.
A Peace Officer is authorized and empowered to issue a Municipal Tag to any
person who the Peace Officer has reasonable and probable grounds to believe has
contravened any provision of this Bylaw.
19.
A Municipal Tag may be issued to such person:
a. Either personally; or
b. By mailing a copy to such person at his or her last known post office address.
20.
The Municipal Tag shall be in a form approved by the Chief Administrative
Officer and shall state:
a. The name of the Person;
b. The offence;
c. The specified penalty established by this Bylaw for the offence;
Bylaw #552-21 Urban Hen Bylaw Page 4
d. That the penalty shall be paid within 14 days of the issuance of the Municipal
Tag; and
e. Any other information as may be required by the Chief Administrative
Officer.
Payment in Lieu of Prosecution
21. 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 Village the penalty specified within the time period indicated on the
Municipal Tag.
Violation Ticket
22. If a Municipal Tag has been issued and if the specified penalty has not been paid
within the prescribed time, then a Peace Officer is authorized and empowered to
issue a Violation Ticket pursuant to the Provincial Offences Procedure Act.
23. Despite section 22, a Peace Officer is authorized and empowered to issue a
Violation Ticket to any person who the Peace Officer had any reasonable and
probable grounds to believe has contravened any provision of this Bylaw.
24. If a Violation Ticket is issued in respect of an offence, the Violation Ticket may:
a. Specify the fine amount established by this Bylaw for the offence; or
b. Require a person to appear in court without the alternative of making a voluntary
payment.
Voluntary Payment
25. A person who commits an offence may make a voluntary payment by submitting
to a Clerk of the Provincial Court, on or before the initial appearance date
indicated on the Violation Ticket, the specified penalty set out on the Violation
Ticket.
a. If a Violation Ticket is issued in respect of the offence; and
b. If the Violation Ticket specifies the fine amount established by this Bylaw for the
offence.
Obstruction
26. No person shall obstruct or hinder any person in the exercise or performance of
the person's powers pursuant to this Bylaw.
Powers of Chief Administrative Officer
27. Without restricting any other power, duty or function granted by this Bylaw, the
Chief Administrative Officer may:
a. Carry out any inspections to determine compliance with this Bylaw;
b. Take any steps or carry out any actions required to enforce this Bylaw;
c. Take any steps or carry out any actions required to remedy a contravention of this
Bylaw;
d. Establish forms for the purposes of this Bylaw; and
e. Delegate any powers, duties or functions under this Bylaw to a Village employee
or Designated Officer as defined by section 210 of the Municipal Government
Act.
General
28. Nothing in this Bylaw relieves a person from complying with any Federal or
Provincial law or regulation, other Village Bylaw, or any requirement of any
lawful permit, order or license.
Severability
29. 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
Bylaw #552-21 Urban Hen Bylaw Page 5
Competent jurisdiction, all other provisions of this Bylaw shall remain valid and
enforceable.
Enactment
30. This Bylaw shall come into force and effect when it has received third reading and
has been duly signed.
Bylaw #531-19 is hereby rescinded.
INTRODUCED AND GIVEN FIRST READING THIS 13th day of September
2021.
GIVEN SECOND READING THIS 27th day of September 2021.
GIVEN THIRD AND FINAL READINGS THIS 12th day of October 2021.
Mayor
Chief Administrative Officer