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CHICKEN BYLAW 2015-808
Page 1
BYLAW NO. 2015-808
OF THE VILLAGE OF MANNVILLE
BEING A BYLAW OF THE VILLAGE OF MANNVILLE, 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, COUNCIL OF THE VILLAGE OF MANNVILLE, IN THE PROVINCE
OF ALBERTA, ENACTS AS FOLLOWS:
1.
This bylaw may be called the "Chicken Bylaw".
2.
For the purposes of this bylaw:
(a)
"Chicken License" means a license issued by the Village CAO pursuant to this
Bylaw authorizing the license holder to keep Urban Chickens on a specific property
within an Urban Area;
(b)
"Coop" means a fully enclosed weather proof structure and attached Outdoor
Enclosure used for the keeping of Urban Chickens, 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;
(d)
"Municipal Tag" means a document alleging an offence issued pursuant to the
authority of a Bylaw of the Village;
(e)
"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;
(f)
"Peace Officer" has the same meaning as in the Provincial Offences Procedure
Act;
(g)
"Rooster" means a domesticated male chicken;
"Urban Chicken" means a Hen that is at least 16 weeks of age;
(h)
"Violation Ticket" has the same meaning as in the Provincial Offences Procedure
Act;
(i)
"Urban Area" means lands located within the Village on which agricultural
operations, including but not limited to the keeping of livestock are neither a
permitted or discretionary use under the Village's Land Use Bylaw.
Purpose
3.
The purpose of this bylaw is to regulate and control the keeping of chickens within Urban
Areas.
Prohibitions
4.
In an Urban Area, no person shall keep a Rooster.
CHICKEN BYLAW 2015-808
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Chicken License
5.
A person may apply to keep no more than five (5) Urban Chickens by:
(a)
submitting a completed application, on the form approved by the Village CAO,
and
(b)
paying a license fee as per the master rates bylaw.
6.
The Village CAO 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 applicant resides on the property on which the Urban Chickens will be kept;
(d)
the applicable fee has been paid; and
(e)
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 fifteen (15).
8.
The Village CAO 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 Village CAO or a Peace Officer;
ii.
has, in the opinion of the Village CAO based on reasonable grounds,
contravened this bylaw whether or not the contravention has been prosecuted;
iii.
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 Urban Chickens;
iv.
fails to pay any fee required by this or any applicable Bylaw; or
(c)
in the opinion of the Village CAO based on reasonable grounds it is in the public
interest to do so.
10. A Chicken License is valid only for the period January 1 to December 31 in the year for
which it is issued.
11. A Chicken License is not transferable 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 Village CAO or a Peace Officer.
Keeping of Urban Chickens
13.
A person who keeps Urban Chickens must:
(a)
provide each Hen with at least 0.37 m² of interior floor area, and at least
0.92 m² of Outdoor Enclosure, within the Coop;
CHICKEN BYLAW 2015-808
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(b)
provide and maintain, in the Coop, at least one nest box per coop and one perch
per Hen, that is at least 15 cm long;
(c)
keep each Hen in the Coop at all times;
(d)
provide each Hen with food, water, shelter, light, ventilation, care, and
opportunities for essential behaviors such as scratching, dust-bathing, and roosting, all
sufficient to maintain the Hen in good health;
(e)
maintain the Coop in good repair and sanitary condition, and free from vermin
and noxious or offensive smells and substances;
(f)
construct and maintain the Coop to prevent any rodent from harboring underneath
or within it or within its walls, and to prevent entrance by any other animal;
(g)
keep a food container and water container in the Coop;
(h)
keep the Coop secured from sunset to sunrise;
(i)
remove leftover feed, trash, and manure in a timely manner;
(j)
store feed within a fully enclosed container;
(k)
and manure within a fully enclosed container, and store no more than 3 cubic feet
of manure at a time;
(l)
remove all other manure not used for composting or fertilizing and dispose of
same in accordance with Village bylaws;
(m)
follow biosecurity procedures recommended by the Canadian Food Inspection
Agency to reduce potential for disease outbreak; and
(n) 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.
CHICKEN BYLAW 2015-808
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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 Village CAO and shall
state:
(a)
the name of the Person;
(b)
the offence;
(c)
the specified penalty established by this Bylaw for the offence;
(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 Village CAO.
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 has 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
(c)
if a Violation Ticket is issued in respect of the offence; and
(d)
if the Violation Ticket specifies the fine amount established by this Bylaw for the
offence;
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.
Obstruction
26.
No Person shall obstruct or hinder any person in the exercise or performance of the
person's powers pursuant to this Bylaw.
CHICKEN BYLAW 2015-808
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Powers of Village CAO
27.
Without restricting any other power, duty or function granted by this Bylaw, the Village
CAO 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.
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 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.
This Bylaw shall come into force and effect upon the Third Reading.
READ A FIRST TIME THIS 16th DAY OF JUNE, 2015.
READ A SECOND TIME THIS 21st DAY OF JULY, 2015.
READ A THIRD TIME AND FINALLY PASSED THIS 21st DAY OF JULY, 2015.
______________________
Mayor, Sid Hinton
_______________________
CAO, James Mason