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BYLAW NO. 431-21
A BYLAW OF THE TOWN OF COALHURST
IN THE PROVINCE OF ALBERTA
TO REGULATE THE KEEPING OF CHICKENS IN URBAN AREAS
ON A TEMPORARY BASIS
WHEREAS pursuant to provisions of the Municipal Government Act, Revised Statutes of
Alberta 2000, Chapter M-26 and amendments thereto, Council may pass a bylaw for
municipal purposes respecting the safety, health and welfare of people, the protection of
people and property, wild and domestic animals, and certain activities in relation to them;
and
WHEREAS pursuant to provisions of the Municipal Government Act, Revised Statutes of
Alberta 2000, Chapter M-26 and amendments thereto, Council has the authority to provide
for a system of licences, permits and approvals; and
WHEREAS Council deems it desirable to regulate and licence the keeping of chickens in urban
areas of the Town;
NOW THEREFORE the Council of the Town of Coalhurst enacts as follows:
1.
SHORT TITLE
This bylaw may be known as the "Urban Hen Bylaw".
2.
DEFINITIONS
In this Bylaw, unless the context otherwise requires:
2.1 "Chief Administrative Officer (CAO)" means the Chief Administrative Officer of the
Town appointed by Council, or designate;
2.2 "Contiguous Boundary" means property which either abuts directly on the property
where the urban hens will be kept or is directly separated from the property by a street or
street right of way, alley, walkway, railway, water body, utility lot or other similar feature;
2.3 "Coop" means a fully enclosed weather proof structure and attached outdoor enclosure
used for the keeping of urban hens, that is no larger than 9.2m2 (100 ft.2) in floor area,
and no more than 2m (6.56 ft.) in height;
2.4 "Council" means the Council of the Town of Coalhurst;
2.5 "Hen" means a domesticated female chicken;
2.6 "Municipal Tag" means a document alleging an offence issued pursuant to the authority of a
Bylaw of the Town;
2.7 "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 hens to roam;
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Bylaw No. 431-21
2.8 "Peace Officer" means:
a)
a member of the Royal Canadian Mounted Police;
b)
a Community Peace Officer as appointed by the Solicitor General of Alberta;
c)
a Bylaw Enforcement Officer as appointed by the Town to enforce bylaws of the
Town;
2.9 "Rooster" means a domesticated male chicken;
2.10 "Sell" means to exchange or deliver for money or its equivalent;
2.11 "Town" means the Town of Coalhurst, a municipal corporation in the Province of
Alberta, and where the context so requires, means the area of land within the
corporate boundaries thereof;
2.12 "Urban Area" means lands located within the Town on which agricultural operations,
including but not limited to the keeping of livestock, are neither a permitted or
discretionary use under Bylaws of the Town;
2.13 "Urban Hen" means a hen that is at least sixteen (16) weeks of age;
2.14 "Urban Hen Licence" means a licence issued pursuant to this Bylaw which authorizes
the licence holder to keep urban hens on a specific property within the Town.
2.15 "Violation Tag" means a notice or tag in the form as approved by the CAO, issued by
the Town, allowing a voluntary payment option of a fine established under this Bylaw;
2.16 "Violation Ticket" means a ticket issued pursuant to Part 2 of the Provincial Offences
Procedures Act, Revised Statutes of Alberta 2000, Chapter P-34 and any
amendments or regulations thereto.
3.
PROHIBITIONS
3.1 In an urban area, no person shall keep:
a)
a rooster; or
b)
a hen, other than an urban hen for which a valid urban hen licence has been
issued.
4.
URBAN HEN LICENCES
4.1 The maximum number of urban hen licences that may be issued in the Town shall be ten
(10).
4.2 A person may keep up to five (5) urban hens by:
a)
submitting a completed urban hen licence application on forms approved by the
CAO, and, attached as Schedule "B"; and
b)
paying an annual urban hen licence fee of Thirty Dollars ($30.00).
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Bylaw No. 431-21
4.3 Urban hen licences are valid for the period of January 1 to December 31 of the year in
which it is issued and must be renewed annually prior to January 31 of each subsequent
year.
4.4 Urban hen licence fees shall not be reduced or prorated no matter the month of
purchase.
4.5 Urban hen licence fees shall not be refunded or rebated.
4.6 An urban hen licence is not transferable from one person to another.
4.7 An urban hen licence is not transferable from one property to another except:
a)
when a licence holder has moved to a new property within the Town, then:
i.
the licence holder may apply to transfer the licence; and
11. an inspection of the new property must be carried out to determine the
licence holder is still able to meet all requirements for an urban hen licence
as set out in this Bylaw at such property.
4.8 A person to whom an urban hen licence has been issued shall produce the licence
upon the demand of a Peace Officer.
4.9 An urban hen licence may be issued if the CAO is satisfied that:
a)
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 applicant;
b)
the land use designation of the property on which the urban hens will be kept
allows the placement of a coop for the keeping of urban hens;
c)
the applicant resides on the property on which the urban hens will be kept;
d)
all required information has been provided;
e)
the applicant has taken a course on the safe handling of hens and eggs, prior to
issuance of a licence;
f)
the applicable licence fee has been paid; and
g)
the applicant has complied with all other Provincial and Federal Regulations for the
keeping of chickens.
4.10 Notwithstanding Section 3.a. of Town Bylaw No. 292-02, any person who has applied for
and been approved for ownership of urban hens may keep hens in accordance with the
terms of this Bylaw and its attached Schedules.
4.11 An urban hen licence may be refused or revoked by the CAO if:
a)
the applicant or licence holder does not meet or no longer meets the
requirements for an urban hen licence as set out in this Bylaw;
b)
the applicant or licence holder furnishes false information or
misrepresents any fact or circumstance required pursuant to this Bylaw;
c)
the applicant or licence holder has, in the opinion of the CAO, based on
reasonable grounds, contravened any part of this Bylaw whether or not the
contravention has been prosecuted;
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Bylaw No. 431-21
d)
the applicant or licence holder fails to pay a fine imposed by a court for a
contravention of this Bylaw or any other applicable Bylaw related to the keeping of
livestock;
e)
the applicant or licence holder fails to pay any fee required by this Bylaw or any
other applicable legislation; or
f)
fifty percent (50%) or more of the neighbours having contiguous boundaries with
the property where the urban hens will be kept are not in support of the
application;
g)
in the opinion of the CAO, based on reasonable grounds, it is in the public
interest to do so.
4.12 If the CAO revokes, or refuses to issue an urban hen licence, the applicant may appeal
the decision to Council, in accordance with Town Bylaws.
5.
KEEPING OF URBAN HENS
5.1 A person who keeps urban hens must:
a)
provide each urban hen with at least 0.37m2 (3.98 ft.2) of interior floor area, and at
least 0.92m2 (9.9 ft.2) of outdoor enclosure, within the coop;
b)
ensure that each coop is:
i.
located in the rear yard of the property;
ii.
a minimum 3.0m (9.84 ft.) from a dwelling;
iii.
a minimum 1.5m (5.0 ft.) from any accessory structures;
iv.
a minimum 1.2m (4.0 ft.) from a side yard and 1.5m (5.0 ft.) from the rear yard;
v.
a minimum 3.1m (10 ft.) from a secondary front (corner lots); and
vi. at grade level, no more than 2m (6.56 ft.) in height;
c)
provide and maintain, in the coop, at least one nest box per coop and one perch per
urban hen that is at least 15cm (5.90 in) long;
d)
keep each urban hen in the coop at all times;
e)
provide each urban hen with appropriate food, liquid (unfrozen) water, shelter, light,
warmth, ventilation, veterinary care, and opportunities for essential behaviours such
as scratching, dust-bathing, and roosting, all sufficient to maintain the urban hen in
good health;
f)
maintain the coop in good repair and sanitary condition, and free from vermin
and noxious or offensive smells and substances;
g)
construct and maintain the coop to prevent any rodent from harbouring
underneath, within, or within its walls, and to prevent entrance by any other
animal;
h)
keep a food container and water container in the coop;
i)
keep the coop secured at all times;
j)
remove leftover feed, trash, and manure in a timely manner;
k)
store feed within a fully enclosed container;
I)
store manure within a fully enclosed container, and store no more than 85 litres (3
cubic feet) of manure at any time;
m)
remove all other manure not used for composting or fertilizing and dispose of
such in accordance with Town Bylaws;
n)
follow biosecurity procedures outlined by the Canadian Food Inspection Agency to
reduce potential for disease outbreak;
Page 5
Bylaw No. 431-21
o)
keep urban hens for personal use only; and
p)
inform the Town immediately of any disease or welfare issues that may affect the
public, and of the steps taken to rectify the situation.
5.2 No person who keeps urban hens shall:
a)
sell eggs, manure, meat, or other products derived from an urban hen;
b)
slaughter any urban hen on the property;
c)
dispose of an urban hen except by delivering it to a farm, abattoir, veterinarian, or
other operation that is lawfully permitted to dispose of such; and
d)
keep an urban hen in a cage, kennel, or any other form of shelter other than a
coop, except for the purpose of temporary transport
6.
AUTHORITY OF CHIEF ADMINISTRATIVE OFFICER
6.1 Without restricting any other power, duty, or function granted by the Urban Hen
Bylaw, the Chief Administrative Officer may:
a)
carry out any inspections to determine compliance with the Urban Hen
Bylaw;
b)
take any steps or carry out any actions required to enforce the Urban Hen
Bylaw;
c)
take any steps or carry out any actions required to remedy a contravention of the
Urban Hen Bylaw;
d)
establish forms for the purposes of the Urban Hen Bylaw; and
e)
delegate any powers, duties, or functions under the Urban Hen Bylaw to a
Town employee
7.
PENALTIES AND ENFORCEMENT
7.1 No person shall willfully obstruct, hinder or interfere with a Peace Officer or any
other person authorized to enforce and engaged in the enforcement of the
provisions of this Bylaw.
7.2 Any person who contravenes any provision of this Bylaw is guilty of an offence
and is liable on summary conviction to a fine of not more than Ten Thousand
($10,000) Dollars, imprisonment for a term not exceeding one (1) year, or both.
7.3 Where there is a specified penalty listed for an offence in Schedule "A" to this
Bylaw, that amount is the minimum specified penalty for the offence.
7.4 Where a person contravenes the same provision of this Bylaw two (2) or more times
within one twelve (12) month period, the specified penalty payable in respect of the
second or subsequent contravention shall be the amount stated in Schedule "A" for
such offences.
7.5 In the case of an offence that is of a continuing nature, a contravention
constitutes a separate offense in respect of each day or part of a day on
which it continues.
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Bylaw No. 431-21
7.6 The levying and payment of any fine or the imprisonment for any period provided in
this Bylaw shall not relieve a person from the necessity of paying any fees, charges
or costs from which that person is liable under the provisions of this Bylaw or any
other bylaw.
7.7 Any Peace Officer who has reasonable and probable grounds to believe that any
person has contravened any provision of this Bylaw may issue and serve:
a)
a violation tag allowing a payment of the specified penalty to the Town; or
b)
a violation ticket allowing payment according to the provisions of the Provincial
Offences Procedure Act, Revised Statutes of Alberta 2000, Chapter P-34 and
amendments thereto.
7.8 Service of a violation tag will be sufficient if it is:
a)
personally served; or
b)
served by regular mail to the person's last known mailing address.
7.9 If a violation ticket is issued in respect to 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.
7.10 A person who commits an offence may:
a)
if a violation ticket is issued in respect of the offence; and
b)
if the violation ticket specified the fine amount established by this Bylaw for the
offence;
make a voluntary payment equal to the specified fine by delivering the violation ticket and
the specified fine to the provincial courthouse specified on the violation ticket.
8.
SEVERABILITY
8.1 It is the intention of Council that each separate provision of this Bylaw shall be
deemed independent of all other provisions herein and it is the further intention of
Council that if any provision of this Bylaw is declared invalid, all other provisions
hereof shall remain valid and enforceable.
9.
GENERAL
9.1 Any person who contravenes any provision of this Bylaw by:
a)
doing any act or thing which the person is prohibited from doing; or
b)
failing to do any act or thing the person is required to do.
is guilty of an offence and any offence created pursuant to this Bylaw is a strict liability
offence for the purposes of prosecution under this Bylaw.
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Bylaw No. 431-21
9.2 Nothing in this Bylaw relieves a person from complying with any provision of any federal
or provincial law or regulation, other bylaws(s), or any requirement of any lawful permit,
order or licence.
9.3 Words in the singular include the plural and words in the plural include the singular.
9.4 Schedule "A" shall form a part of this Bylaw and may, from time to time, be amended.
9.5 No provision of this Bylaw or any action taken pursuant to any provision of this Bylaw
shall restrict, limit, prevent or preclude the Town from pursuing any other remedy in
relation to a premises as provided by the Municipal Government Act, or any other law of
the Province of Alberta.
9.6 This Bylaw hereby rescinds Bylaw No. 416-20.
This Bylaw comes into force upon the date of the passing of the third and final reading
thereof.
READ A FIRST TIME THIS 18TH DAY OF JANUARY, A.D. 2022
READ A SECOND TIME THIS 18TH DAY OF JANUARY, A.D. 2022
READ A THIRD TIME AND FINALLY PASSED THIS 18ND DAY OF JANUARY, A.D. 2022
___________________________
MAYOR
____________________________
CHIEF ADMINISTRATIVE OFFICER
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Bylaw No. 431-21
Schedule "A"
SECTION
OFFENCE
PENALTY
1st Offence
PENALTY
2nd & Subsequent
3.1 a)
Keep a rooster
$250
$500
3.1 b)
Keep an unlicenced urban hen
$250
$500
4.3
Fail to renew urban hen licence
$250
$500
4.6
[Transfer urban hen licence
$250
$500
4.8
Fail to produce urban hen licence upon demand
$250
$500
5.1 a)
Fail to provide adequate coop space for number of hens
$250
$500
5.1 b)
Coop improperly located
$250
$500
5.1 c)
Fail to provide nest box or perch per urban hen
$250
$500
5.1 d)
allow urban hen to be outside coop
$250
$500
5.1 e)
Fail to adequately provide for essential hen behaviour
$250
$500
5.1 f)
Fail to maintain coop to prevent odors
$250
$500
5.1 g)
Fail to prevent rodents/animals from entering coop
$250
$500
5.1 h)
Fail to keep food and water in coop
$250
$500
5.1 i)
Fail to keep coop secured
$250
$500
5.1 j)
Fail to remove waste in timely manner
$250
$500
5.1 k)
Fail to properly store feed
$250
$500
5.1 I)
Fail to properly store manure
$250
$500
5.1 m)
Fail to properly dispose of manure
$250
$500
5.1 n)
Fail to follow biosecurity procedures
$250
$500
5.1 o)
Keep urban hens for other than personal use
$250
$500
5.1 p)
Fail to inform of any disease or welfare issues
$250
$500
5.2 a)
Sell products derived from urban hens
$250
$500
5.2 b)
Slaughter urban hen on property
$250
$500
5.2 c)
Unlawfully dispose of urban hen
$250
$500
5.2 d)
Keep urban hen in other form of shelter other than coop
$250
$500
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Bylaw No. 431-21
Schedule "B"
TOWN OF COALHURST
URBAN HEN LICENCE APPLICATION
PLEASE PRINT AND COMPLETE THE ENTIRE FORM
Name of
Applicant:
Complete
Mailing Address:
If different than mailing
Address location of urban hens
Phone
Number(s):
Email
Address:
Number of Chickens
At This Location: (Max. 5)
Circle One:
Owner
Tenant**
**if tenant, a letter of authorization is required from the registered
property owner, along with this application form
Urban Hen Licenses are effective until December 31, 20 , and are required to be renewed annually
(Applicant must be 18 years of age or older)
Date:
Signature:
Please initial once read
Licence is for 2021.
I have read and accept the Terms and Conditions contained in Town of Coalhurst Bylaw No. 416-20.
I have attached letters of consent from 50% or more of the neighbours having contiguous boundaries.
I acknowledge that I am required to apply for a Premises Identification Number through the Alberta Agriculture
and Forestry online at www.agriculture.alberta .ca/premises or paper application obtained from Rural
Development (ARD) Field Office throughout Alberta.
I certify that I will abide by all regulations after I have received my License, knowing that failure to comply may
result in cancellation of the Urban Hen License.
The personal information that you provide to the Town of Coalhurst is collected under the authority of the Alberta Freedom of Information and Protection of Privacy (FOIP) Act - Section 33(c).
The information will be used for the purpose of issuing urban hen licenses, and for monitoring and animal control purposes.
Collected personal information is protected from unauthorized access, collection, use, and disclosure in accordance with the FOIP Act, and can be reviewed and corrected upon request. Questions
regarding the collection of personal information can be directed to: FOIP Head, Town of Coalhurst, 100 - 51 Ave. Box 456 Coalhurst, AB T0L 0V0, Tel (403)381-3033. For information about the
license, bylaw, etc. please contact Town of Coalhurst Bylaw Officer at Tel (403)635-2529.
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Bylaw No. 431-21
FOR OFFICE USE ONLY
Criteria to be met
Compliance
Yes or No
Comments:
❖ Payment received with Application
❖ Received consent from 50% or more of the
neighbours;
(attach letters)
❖ Property on which the hens will be kept is a
detached or semi-detached dwelling;
❖ Land Use Districting of the property on which
the hens will be kept allows the placement of a
coop;
Approving Officer
Date: YYYY/MM/DD
Urban Hen License No:
Follow-up after Approval
Compliance
Yes or No
Comments:
❖ There are no roosters on site
❖ Chicken coop is in the rear yard and located in
accordance with Bylaw No. 416-20 - Section
5.1 b)
❖ At least one nest box per coop and one perch
per hen, that is at least 15 cm long;
❖ The coop is constructed to prevent rodents
from harbouring underneath or within its wall,
and to prevent entrance by other animals;
❖ Applied for and received the Premises
Identification (PID) number within 30 days of
assuming ownership of hens
Reviewing Officer
Date: YYYY/MM/DD