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THE CITY OF SPRUCE GROVE
BYLAW C-1313-24
HENS BYLAW
WHEREAS, pursuant to the Municipal Government Act, R.S.A. 2000, c M-26, as
amended, a municipality may pass bylaws with respect to wild and domestic animals
and activities in relation to them;
AND WHEREAS pursuant to the Municipal Government Act, R.S.A. 2000, c M-26, as
amended, a municipality may by bylaw regulate or prohibit, and provide for a system of
licences, permits, or approvals;
NOW THEREFORE the Council for the City of Spruce Grove, duly assembled, hereby
enacts as follows:
1.
DEFINITIONS
1.1
"Act" means the Municipal Government Act, R.S.A. 2000, c M-26, as
amended.
1.2
"Adjoining Neighbour" means an owner or occupant of a property that is
adjacent to a Subject Property.
1.3
"Certificate of Title" means an official government-issued document that
provides proof of landowner's right of ownership.
1.4
"City" means the municipal corporation of the City of Spruce Grove in the
Province of Alberta, or where the context so requires, the area contained
within the boundaries of the City of Spruce Grove.
1.5
"Communicable Diseases" means diseases which can be passed form
animal to animal and zoonotic diseases as per the Animal Health Act, SA
2007, c A-40.2, s 2, as amended.
1.6
"Hen" means a female chicken.
1.7
"Hen Coop" means a fully enclosed structure intended for the keeping of
Hens.
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1.8
"Hen Enclosure" means an enclosure consisting of an indoor Hen Coop
and an attached outdoor, covered Hen Run.
1.9
"Hen Keeper" means a person having any right of custody, control, or
possession of a Hen.
1.10 "Hen Keeping Licence" means a Licence issued under this bylaw that
authorizes the keeping of Hens within the boundaries of the City of Spruce
Grove.
1.11 "Hen Licence Issuer and Inspector" means a Person responsible for
issuing Hen Keeping Licences and conducting inspections.
1.12 "Hen Run" means a securely enclosed, roofed outdoor area attached to a
Hen Coop, for Hens to roam.
1.13 "Husbandry" means the management and care of animals.
1.14 "Licensing Authority" means a person appointed by the City Manager
having all authority to carry out the provisions of this Bylaw.
1.15 "Licence Holder" means the Person named on an approved Hen Keeping
Licence.
1.16 "Peace Officer" means any sworn member of the Royal Canadian
Mounted Police, a Peace Officer or Community Peace Officer appointed
under the Peace Officer Act, S.A. 2006, c P-35, as amended, and
employed by the City, or a Bylaw Enforcement Officer employed by the
City.
1.17 "Premises Identification (PID) Number" means a nine-character
combination of numbers and letters issued by the Province of Alberta
pursuant to the provisions of the Animal Health Act, S.A. 2007, C A-40.2
and Traceability Premises Identification Regulation, Alta Reg 200/2008, as
amended, to owners of livestock.
1.18 "Registered Owner" means a person registered under the Land Titles Act,
R.S.A. 2000, c L-4, as amended, as the owner of the fee simple estate in
the land.
1.19 "Rooster" means a male chicken.
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1.20 "Subject Property" means a lot or parcel of land in respect of which a Hen
Keeping Licence is sought or has been issued.
1.21 "Temporary Caregiver" means a Person who has been authorized by the
Hen Keeper to provide care to their Hens in the event the Hen Keeper is
temporarily unable to do so.
1.22 "Violation Ticket" means a ticket issued pursuant to Part II or Part III of the
Provincial Offences Procedure Act, R.S.A. 2000, cP-34, as amended.
2.
OBJECT OF THE BYLAW
2.1
The purpose of this Bylaw is to enable Hen keeping as urban agriculture if
the Hen Keeper is the holder of a valid Hen Keeping Licence and remains
in compliance with the provisions of this Bylaw.
3.
HEN LICENCE
3.1
A Hen Keeping Licence may be issued only to a Person aged 18 years or
older.
3.2
A Hen Keeping Licence may authorize the keeping of no less than three
(3) Hens and no more than six (6) Hens on the Subject Property and may
be issued subject to conditions as the Licensing Authority considers
appropriate.
3.3
The maximum number of Hen Keeping Licences that may be issued shall
be determined by the Director of Planning and Development.
3.4
Before a Hen Keeping Licence is issued the applicant shall provide the
following to the satisfaction of the Licensing Authority:
(a) a completed Hen Keeping Licence application;
(b) the Hen Keeping Licence fee prescribed in the Development Fees
and Fines Bylaw, as amended; and
(c)
any other information reasonably required by the Licensing Authority,
including but not limited to:
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(i)
the name, address, and contact information of the Person who
will be the Hen Keeper and of a Person who may act as a
Temporary Caregiver;
(ii)
a copy of a Certificate of Title for the Subject Property;
(iii) written permission to keep Hens on the Subject Property, from
the Registered Owner of the Subject Property;
(iv) a site plan showing the location, size, height and associated
setbacks to the side and rear property lines of the Hen Coop
and Hen Run on the Subject Property;
(v)
a copy of other permits as required for the Hen Coop.
(d) documentation that demonstrates the completion of an accredited
urban Hen Keeping course;
(e) documentation of support and assistance through an established
relationship with a mentor;
(f)
documentation of a local veterinarian who is familiar with treating
Hens to ensure standards of care;
(g) a checklist with daily, weekly, monthly and seasonal tasks to prevent
disease and to keep Communicable Diseases from spreading should
they occur;
(h) documentation that all Adjoining Neighbours have been notified of
the applicant's intent to participate in the Hen Keeping program, and:
(i)
if the adjacent property is an apartment building, church or
school, the building manager shall be notified;
(ii)
the contact information for the neighbours notified shall be
provided with the application form;
(iii) if an adjacent property to the Subject Property is undeveloped
or developed but otherwise vacant, or is City-owned, the
applicant is not required to notify that adjacent property.
3.5
A Hen Keeping Licence is valid to December 31 of the year of issuance.
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3.6
A Hen Keeping Licence is not transferable from one Person or property to
another.
3.7
A site inspection is required for renewal of a Hen Keeping Licence.
3.8
A copy of the Premises Identification (PID) Number as required by the
Animal Health Act, and applicable to the Subject Property shall be
provided to the Licensing Authority after the Hen Licence is issued.
3.9
The Licensing Authority will notify Adjoining Neighbours when a Hen
Licence is issued.
3.10 A Hen Licence does not take effect until:
(a) the appeal period referenced in Section 4 has expired, if no appeal is
received during the appeal period; or
(b) the Community Standards Appeal Committee has made a decision
on any appeal that upholds the issuance of the Hen Licence, with or
without conditions.
3.11 The Licensing Authority may refuse to issue or renew a Hen Licence, or
may revoke a previously issued Hen Licence, for any of the following
reasons:
(a) an applicant for or holder of a Hen Licence does not meet or has
ceased to meet the requirements of this Bylaw;
(b) an applicant has submitted false information;
(c)
an applicant for or holder of a Hen Licence has been a subject of
recurring bylaw enforcement issues;
(d) an applicant was previously the holder of a Hen Licence that was
revoked for non-compliance with this Bylaw; or
(e) an applicant for or holder of a Hen Licence has been convicted of any
offence involving abuse, mistreatment or negligent treatment or
keeping of animals.
3.12 The City may, at its own discretion, discontinue all Hen Keeping Licences
within the City.
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4.
APPEAL
4.1
An appeal lies from a decision of the Licensing Authority to:
(a) issue a Hen Keeping Licence if the appellant is an Adjoining
Neighbour;
(b) impose conditions on a Hen Keeping Licence, if the appellant is the
Person who applied for the Hen Licence or is an Adjoining
Neighbour;
(c)
refuse to issue a Hen Keeping Licence, if the appellant is the Person
who applied for the Hen keeping Licence;
(d) revoke a Hen Keeping Licence, if the appellant is the holder of the
Hen Keeping Licence that was revoked.
4.2
An Adjoining Neighbour may appeal only if the grounds for appeal are:
(a) that the keeping of Hens on the Subject Property is likely to have a
materially adverse effect on the health of the Adjoining Neighbour or
of a Person living in the premises of the Adjoining Neighbour; or
(b) a reason or factor listed in subsection 3.11 (a) or (e).
4.3
An appeal shall be received in writing addressed to the City Clerk's Office
and shall be received in that office no later than 14 days after the decision
appealed from is issued.
4.4
The appeal shall be heard by the Community Standards Appeal
Committee.
4.5
The Community Standards Appeal Committee shall schedule the hearing
within 30 calendar days after receipt of the notice of appeal and the
appeal fee by the Clerk.
4.6
A decision of the Committee is not final until notification of the decision is
given in writing. Notification of the decision on an appeal in relation to a
Hen Keeping Licence shall be provided within 15 business days of the
date on which the decision of the Committee is made.
5.
RESPONSIBILITIES OF A HEN KEEPER
5.1
No person shall keep or harbour within the City:
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(a) any Hen, without:
(i)
a valid Hen Keeping Licence; and
(ii)
a permitted Hen Enclosure;
(b) a Hen less than 16 weeks old; or
(c)
a Rooster.
5.2
Hen Keepers shall comply with the conditions of the Hen Keeping Licence.
5.3
Hen Keepers shall comply with the Animal Health Act, S.A. 2007, c A-
40.2, as amended.
5.4
Hen Keepers and Temporary Caregivers shall:
(a) ensure good Husbandry practices and maintain Hens in such a
condition to prevent distress, disease, and welfare issues;
(b) provide Hens with appropriate food, water, shelter, light, warmth,
ventilation, veterinary care and opportunities for essential behaviours
such as scratching, pecking, dustbathing, roosting and socializing;
(c)
maintain the Hen Coop in good repair and sanitary conditions, free
from vermin and noxious and offensive smells and substances, and
in conformance to the Community Standards Bylaw, as amended;
(d) remove and discard leftover feed and manure to prevent nuisance
odours;
(e) keep Hens for personal use only, and not sell eggs, manure, meat or
any other products derived from Hens;
(f)
dispose of the carcass of a Hen deceased by natural causes, by
double bagging and placing it in the garbage, or bringing it to a
veterinarian, farm, abattoir, or other operation that is lawfully
permitted to dispose of Hens pursuant to the Animal Health Act
Disposal of Dead Animals Regulation (AR 132/2014);
(g) not engage in on-site slaughter or euthanizing of Hens, and for
greater certainty, if removal of a Hen is required, the Hen may be
euthanized humanely by a veterinarian, moved to a new home, or
taken to a licensed abattoir;
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(h) keep Hens in a locked enclosure;
(i)
keep the Hen Coop secure so that no predator can enter;
(j)
keep Hens in a cage only when actively transporting Hens;
(k)
follow the biosecurity procedures recommended by the Canadian
Food Inspection Agency (CFIA).
6.
HEN ENCLOSURE REQUIREMENTS
6.1
One Hen Enclosure is permitted at each participating property. No Hen
Coop shall be permitted without a Hen Run, nor shall a Hen Run be
permitted without a Hen Coop.
6.2
A Hen Enclosure is only permitted within a fenced side or rear yard of a
residential property.
6.3
A Hen Enclosure shall be a minimum of 1.2 metres from all adjacent
property lines and 1.5 metres from the dwelling.
6.4
A Hen Enclosure shall be set back a minimum of 3 metres from dwelling
windows and doors of neighbouring properties.
6.5
A Hen Enclosure shall be located at grade level, but not over a utility right-
of-way.
6.6
A Hen Coop shall not exceed a maximum floor area of 9.2 square metres.
6.7
A Hen Coop shall have a maximum height of 1.8 metres or less.
6.8
A Hen Enclosure shall include 0.37 square metres of Hen Coop area per
Hen and 0.92 square metres of Hen Run area per Hen.
6.9
A Hen Coop shall be enclosed, insulated, heated and ventilated to
function in all seasons.
6.10 The Hen Run shall be securely attached to the Hen Coop, covered and
wrapped in the winter.
6.11 The Licensing Authority has the authority to impose additional site-specific
conditions.
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7. ENFORCEMENT
7.1 Hen Keepers shall make themselves available for inspection of the Hen
Enclosure by the Hen Licence Issuer and Inspector.
7.2 Should a Hen Keeper be found non-compliant with this Bylaw at any time,
enforcement action may be taken, including issuing of a Violation Ticket by
a Peace Officer, and/or revocation of a Hen Keeping Licence by the Hen
Licence Issuer and Inspector.
7.3 Should Hens and/or a Hen Enclosure be ordered to be removed, all costs
and associated expenditures related to the removal shall be the
responsibility of the Licence Holder.
7.4 A Person who contravenes any provision of this Bylaw is guilty of an
offence.
8. VIOLATION TICKET
8.1 Notwithstanding anything else in this Bylaw, a Peace Officer is hereby
authorized and empowered to immediately issue a Violation Ticket
pursuant to the Provincial Offences Procedure Act, RSA 2000, c P-34, as
amended, to any person who the Peace Officer has reasonable grounds to
believe has contravened any provision of this Bylaw.
8.2 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.
8.3 Notwithstanding anything else in this Bylaw, where a person is issued a
Violation Ticket requiring them to appear in court without the alternative of
making a voluntary payment, the person shall be liable upon conviction to
a penalty of up to $10,000, and in no event shall such penalty be lower
than the specified penalty set out in Schedule "A" of this Bylaw.
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9. FINES AND PENALITIES
9.1 A Person who is guilty of an offence under this Bylaw is liable to a
specified penalty as set out in Schedule "A".
10. SEVERABILITY
10.1 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.
11.
EFFECTIVE DATE
11.1 This bylaw shall come into force and effect when it receives third reading
and is duly signed.
First Reading Carried
27 May 2024
Second Reading Carried
27 May 2024
Third Reading Carried
10 June 2024
Date Signed
10 June 2024
______________________________
Mayor
______________________________
City Clerk
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Schedule A Fines and Penalties
Offence
Penalty Amount
First
Offence
Subsequent Offence
Commencing operations without a
valid Hen Keeping Licence, as per
Section 5.1 (a) (i) of this Bylaw.
$250.00
$500.00
Continuing activity after the Hen
Keeping Licence has been suspended
or cancelled, as per Section 3.12 and
Section 5.1 (a) (i) of this Bylaw.
$250.00
$500.00
Non-compliance with conditions of the
Hen Keeping Licence, as per Section
5.2 of this Bylaw.
$250.00
$500.00