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No. R- 100
Responsible Animal Husbandry By- law
of the Cape Breton Regional Municipality
regulating the care of domestic livestock animals
Pursuant
to Provision
174. f of the Municipal
Government
Act of Nova
Scotia,
the Council
of the Cape
Breton
Regional
Municipality
hereby adopts the following Bylaw:
WHEREAS
Provision 174.f gives municipalities the authority to adopt Bylaws respecting
domestic
livestock
animals
and
activities
in relation
to them; and
WHEREAS
the Cape Breton Regional Municipality intends to regulate incessant sounds
and/ or
noises
caused
by
domestic
livestock
animals, and
also
odours
caused by improper care of domestic livestock animals that adversely
affect the reasonable enjoyment of neighbouring properties
The Council of the Cape Breton Regional Municipality hereby adopts this Responsible
Animal Husbandry By- law regulating the care of domestic livestock animals.
PURPOSE
The
purpose
of this
Bylaw
is to allow the
keeping
of most
domestic
livestock
animals
for
non-
agricultural purposes throughout the Cape Breton Regional Municipality provided responsible animal
husbandry is practiced to ensure the reasonable use of their property by other property owners in
the neighbourhood
is not adversely affected
because of offensive
odours or noise.
Section A. Definitions
Agricultural
commodity
means
a product of an agricultural
operation
sold on the retail or
wholesale
market.
Animal husbandry
is the branch of agriculture
concerned with animals that are raised for meat, fibre,
milk, eggs, or other products. It includes day-to-day care, selective breeding and the raising of
livestock.
Agricultural
operation
means
the
use of land, buildings
and structures
for the
production
of crops,
or raising and/ or caring of livestock with the expectation of financial gain as a commodity.
At large that the domestic livestock is not
a) under the direct, continuous and effective control of a person competent to control it, or
b) securely confined within an enclosure or otherwise so that it is unable to roam at will.
CBRM
wherever
used in this Bylaw
means
the Cape Breton
Regional
Municipality.
Domestic fowl means poultry which are valued for their meats and eggs including chickens,
turkeys, ducks, geese, pigeons and guinea fowl which are kept as pets or for personal use only,
but does
not include
roosters.
Domestic livestock means an animal capable of providing a product ( e. g. eggs, milk, meat, fur,
wool, honey etc.), or bred historically to perform a task (e.g. large draft animals such as a horse,
oxen, carrier
pigeons).
Domestic livestock do not need to be currently used to provide a product
or perform a task to be subject to the provisions of this Bylaw. A domestic livestock is not wild,
feral, or a pet animal as defined by this Bylaw.
Incessant sound means vocal sound produced by the larynx of a domestic livestock exceeding a
cumulative twenty (20) minute period within any one ( 1) hour timeframe;
Large draft animal means a domestic livestock animal bred to perform a task such as pulling (e.g.
oxen) or riding (e. g. horse).
Living space means any confined area to which domestic livestock animals have access.
Offensive Odour means odour produced by domestic livestock that is detectable in the ambient
air greater or equal to 7 D/ T ( dilution to threshold) for two observations not greater than 15
minutes apart at the same location as measured by a field olfactometer device ( Nasal Ranger or
equivalent
equipment).
Pet animal means a tamed animal primarily kept within a dwelling for companionship.
Rooster
means
an adult male chicken.
Stable means a building designed to house, or breed large draft animals ( e. g. horses, cattle,
donkeys) either for agricultural, recreational, or business purposes and shall include riding stable
businesses.
Urban property means a lot parcel serviced by a CBRM sanitary sewer main or a property being
charged the sanitary sewer rate in the CBRM tax system.
In this Bylaw words used in the singular may be interpreted to also mean the plural and words
used in the plural may also be interpreted to mean singular, unless they are prefaced with a
specific number( e.g. one large draft animal)
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Section
B. Provisions
1. Domestic livestock animals used solely to provide a product exclusively for the use of the
owner of the property on which they are kept are permitted throughout the Regional
Municipality.
2. The keeping of domestic livestock animals:
used to provide an agricultural commodity; or
used as a draft animal in an agricultural operation;
shall be considered an agricultural use and subject to compliance with the CBRM Land Use
Bylaw having jurisdiction and therefore, is not subject to this By- law.
3.
The provisions
of this Part shall apply with respect to properties that are:
an urban
property; or
a rural property where the raising and/ or caring of livestock is not as an agricultural
commodity.
4. It shall be an offence under this By- Law for the assessed owner of a property on which a
domestic livestock animal is being kept to permit incessant sound produced by domestic
livestock to emanate from said property.
5. It shall be an offence under this By- Law for the assessed owner of a property on which a
domestic livestock animal is being kept to permit an Offensive Odour to emanate from said
property.
6. All buildings used as shelters or stables for domestic livestock animals shall be constructed in
compliance
with the Regulations
under the Building Code of Nova Scotia.
7. It shall be an offence under this By- Law for the assessed owner of a property on which a
domestic livestock animal is being kept to permit a domestic livestock animal to go at large.
8. It shall be an offence under this By- law for the assessed owner of an urban property where
agricultural uses are not permitted by the CBRM Land Use By- Law having jurisdiction to keep
a rooster or allow a rooster to be kept on said property.
Section
C.
Enforcement
1. Enforcement of this Bylaw shall be the responsibility of the Police Department of the CBRM.
2. The Police may Order the assessed owner of the property on which domestic livestock
animals are being kept to remedy the condition when sufficient evidence of a violation of any
of the provisions of Section B of this Bylaw has been collected.
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3. If the condition
is not remedied within the time specified
in the Order:
a.
a Summary
Offence Ticket maybe issued, and/ or
b.
an officer may to enter upon the property without warrant or other legal process and
remove the domestic livestock animal. The cost associate with the removal
and
retention of a domestic livestock animal will be the responsibility of the owner.
4. Any person who commits an offence under this Bylaw is subject, on summary conviction, to
a fine for
each
violation
as described
below. Every day during which the condition is not
remedied
is a separate
offence.
151 offence
within
a 12
month
period = $ 165. 00
2nd offence
within
a 12 month
period = $ 279. 00
3rd offence
within
a 12 month
period = $ 425. 00
4th offence
within
a 12 month
period = $
605. 00
PASSED AND ADOPTED: by a majority of the whole Council at a duly called meeting of the Cape Breton
Regional
Municipal
Council
held on March
12th,
2019
and amended
on February
18th, 2020.
MAYOR
CLERK
THIS IS TO CERTIFY that the attached is a true and correct copy of the Responsible Animal Husbandry Bylaw
of the Cape Breton Regional Municipality adopted by Regional Council during a meeting held on March
12th,
2019 and amended on February
18th, 2020.
CBRM
CLERK
PUBLICATION
DATE: February 27, 2020
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