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THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3576-2022
A BY-LAW RESPECTING THE REGULATION AND CONTROL OF BACKYARD
FOWL WITHIN THE TOWNSHIP OF AUGUSTA
WHEREAS Section 5(3) of the Municipal Act, 2001, 5.0. 2002, &25, as amended,
provides that powers of every Council are to be exercised by By-Law unless specifically
authorized to do otherwise;
AND WHEREAS Sections 11(1) and (2) of the Municipal Act, 2001, provides that a lower-
tier municipality may provide any services or thing that the Municipality considers
necessary or desirable for the public in respect to the economic, social, and environmental
well-being of the municipality and the health, safety, and well-being of persons;
AND WHEREAS Section 11(3)9 of the Municipal Act, 2001, provides that a lower-tier
municipality may pass By-Laws respecting matters within the following spheres of
jurisdiction animals;
AND WHEREAS section 425 of the Municipal Act, 2001, S.0. 2001, c.25, provides for a
municipality to pass By-laws providing that a person who contravenes a By-Law of the
municipality passed under the Act is guilty of an offence;
AND WHEREAS section 426 of the Municipal Act, SO. 2001, c.25 provides that no
person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is
exercising a power or performing a duty under this Actor under a By-Law passed under
this Act;
AND WHEREAS section 429 of the Municipal Act, S.C. 2001, c.25 provides for a
municipality to establish a system of fines for offences under a By-Law of the
municipality passed under this Act;
AND WHEREAS Section 436 of the Municipal Act, 2001 provides for a municipality to
pass By-Laws that authorize the municipality to enter on land at any reasonable time for
the purpose of carrying out an inspection to determine if a By-Law of the Municipality is
being comphed with, or to determine if an order or direction of the municipality made
under the Act or made under the By-Law is complied with, and may require information,
inspect documents and take samples.
AND WHEREAS section 444 of the Municipal Act, 2001, provides that a municipality
may make an order to require a Person to discontinue contravening a By-Law and to do
the work required to correct the contravention;
AND WHEREAS Section 445 of the Municipal Act, 2001, provides that if a municipality
is satisfied that a contravention of a By-Law of the municipality passed under the
Municipal Act has occurred, the municipality may make an order requiring the person
who contravened the By-Law or who caused or permitted the contravention or the owner
or occupier of the land on which the contravention occurred to do work to correct the
contravention;
Page 1 of 5
AND WHEREAS section 446 of the Municipal Act, 2001, provides that a municipality
may proceed to do things at a Person's expense which that Person is otherwise
required to do under a By-Law but has failed to do and the costs incurred by a
municipality may be recovered by adding the costs to the tax roll and collecting them in
the same manner as taxes;
NOW THEREFORE the Council of the Corporation of the Township of Augusta enacts
as follows:
1.0
DEFINITIONS
1.1.
"Backyard Coop" means an enclosed weatherproof and ventilated building
where fowl are kept.
1.2.
"Backyard Fowl" means the accessory keeping of fowl and roosters for the
purpose of companionship as a pet or providing eggs or meat for personal
consumption by occupants of a dwelling on the same lot, and does not include
accessory livestock, or agricultural uses otherwise defined by the Township of
Augusta's Zoning By-Law.
1.3.
"Backyard Run" means an area enclosed by wire screen intended for
permitting fowl to be outdoors.
1.4.
"Clerk" means the Clerk of the Corporation of the Township of Augusta or their
designate.
1.5.
"Council" means The Council of The Corporation of the Township of Augusta.
1.6.
"Dwelling" means one or more rooms in a building, designed as, or intended
as, or capable of being used or occupied as a single independent housekeeping
unit and containing living, sleeping, sanitary and food preparation facilities or
facilities for the installation of kitchen equipment and has an independent
entrance. For the purpose of this By-Law, a dwelling unit does not include any
commercial accommodation or a recreational trailer.
1.7.
"Fowl" means all birds or fowl normally raised for food or egg production, and
without limiting the generality of the foregoing, includes, Chickens, Turkeys,
Geese, and Ducks.
1.8.
"MDS" means Minimum Distance Separation guidelines from the Ministry of
Agriculture, Food and Rural Affairs.
1.9.
"Officer" shall mean the By-Law Enforcement Officer for the Township of
Augusta as appointed by Council, Police Officer, any other person, or company
directed by the Clerk to enforce parts of this By-Law.
1.10.
"Owner" means any person, tenant or property owner who possesses,
harbours, or keeps fowl, and where the owner is a minor, the person
responsible for the custody of the minor, the word "Owns" has a corresponding
meaning.
1.11.
"Property" shall mean a parcel of land, vacant or occupied or to be occupied
by one of more main buildings, structures, or uses, with any accessory
buildings, including all yards, required by the Township of Augusta Zoning By
Law.
1.12.
"Property Owner" means the registered Owner(s) of a property within the
Township of Augusta.
1.13.
"Public Nuisance" shall mean an act or process by backyard fowl, which
interferes with a person's enjoyment of their property, and anything that disturbs
the health and safety of the general public or keeps people from being
comfortable and shall include excessive noise and smells.
Page 2 of 5
1.14.
"Running at Large" shall mean fowl being elsewhere than on the property of
the Owner and not being under the immediate control of the Owner.
1.15.
"Rooster" shall mean a male domestic chicken.
1.16.
"Tenant" means a person who rents or leases a dwelling/property from an
Owner.
1.17.
"Township" means the Corporation of the Township of Augusta.
1.18.
"Zoning By-Law" means a By-Law passed under Section 34 of the Planning
Act that restricts the use of land in the Township of Augusta.
2.0
ADMINISTRATION
2.1.
The provisions of this By-Law shall apply to the keeping of Backyard Fowl in all
Residential Village Zones and Rural Zones with less than 2 ha (4.94ac.) in
accordance with the Zoning By-Law within the boundaries of the Township of
Augusta.
3.0
BACKYARD FOWL REGULATIONS
3.1.
Every tenant of a property who would like to have back yard fowl shall obtain the
Property Owner's written consent to keep backyard fowl on the Property and
must provide a copy of such written consent to the Township if requested.
3.2.
No Owner shall keep more than the following number of backyard fowl:
Residential Village
- RV
Rural
- RU
Property Size
Up to 0.Sac
Over 0.5ac
4.94 ac
(0.202ha)
(0.202ha)
(Under 2 ha)
Maximum # of Fowl
5
10
25
3.3.
Every Person who has backyard fowl shall allow, at any reasonable time, an
Officer to inspect the Property, to determine whether all requirements of this By
Law are being complied with.
3.4.
No Owner shall keep roosters.
3.5.
The Owner shall ensure that all deceased backyard fowl are disposed of
promptly, in a sanitary manner.
3.6.
The Owner shall ensure that their backyard fowl do not run at large.
3.7.
The Owner shall ensure that feed for their backyard fowl is stored in a container
that is impermeable from mice, rats, and other vermin or animals.
4.0
BACKYARD FOWL COOP I RUN REGULATIONS
4.1.
Every Owner shall ensure that backyard fowl are provided with coops and runs.
4.2.
Every Owner shall ensure that backyard fowl coops or runs are not located in a
front or side yard.
4.3.
Every Owner shall ensure that backyard fowl coops (including manure storage
area) and runs, meet all minimum zoning requirements and setbacks, for
accessory structures in the zone the property is located in the Township of
Augusta Zoning By-Law.
4.4.
Every Owner shall ensure that backyard fowl coops (including manure storage
area) and runs, that are structures larger than -lOsqm. meet all MDS II
Guidelines.
Page3of5
4.5.
Every Owner shall ensure that backyard fowl coops and runs are:
a) maintained in good repair, in a clean, dry, odour free, and sanitary condition,
and;
b) constructed and maintained to prevent wildlife from harbouring underneath or
within it or within its walls and to prevent entrance by any other animal.
5.0
GENERAL
5.1.
Every Owner shall ensure that manure is stored and managed in a manner
which will not cause an adverse effect, as defined by the Environmental
Protection Act (1990)/n Subsection 14(1) or any amendments hereto.
5.2.
No Owner shall permit backyard fowl to be or cause a public nuisance.
6.0
PENALTY
6.1
Any person who contravenes any provision of this By-Law is guilty of an offence
and upon conviction, shall be liable to a penalty as provided under the
Provincial Offences Act, R.S.O. 1990, c.P33, as amended, as set out in
Schedule "A" Set Fines.
7.0
OTHER
7.1.
Where a provision of this By-Law conflicts with a provision of another By-Law
enforced in the Township, the provisions that establish the higher standard shall
prevail in order to protect the health, safety, and welfare of the general public.
7.2.
This By-Law shall come into force and take effect upon its passing.
7.3.
This By-Law will be reviewed on or before the anniversary of the passing dated
below.
8.0
SEVERABILITY
8.1.
If any provision of this By-Law or application thereof to any person or
circumstance is held invalid by any Court, other provisions or applications of the
By-Law which can given effect without the invalid provision or application shall
not be affected, and to this end the provisions of this By-Law are declared to be
severable.
9.0
ENFORCEMENT
9.1.
This By-Law may be enforced by all Officers.
9.2.
No person shall provide false information or give a false statement to an Officer,
employee and/or agent of the Municipality in the lawful exercise of a power or
duty under this By-Law.
9.3.
No person shall hinder or otherwise obstruct, nor attempt to hinder or obstruct,
either directly or indirectly, an Officer, employee and/or agent of the Municipality
in the lawful exercise of a power or duty under this By-Law.
9.4.
Every person shall comply with any Order or Notice issued under the authority
of this By-Law.
Page 4 of 5
10.0
SHORT TITLE
101. This By-Law may be referred to as the "Backyard Chicken By-Law
READ a first and second time this 26th day of September 2022
READ a third time and passed this 26th day of September 2022
r
/ YLJU
MAYOR
CLERK
Page 5 of 5
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
PART 1 PROVINCIAL OFFENCES ACT
BY-LAW 3576-2022
A BY-LAW TO RESPECTING THE REGULATION AND CONTROL OF BACKYARD FOWL WITHIN THE TOWNSHIP OF AUGUSTA
SCHEDULE "A" - SET FINES
Note: The general penalty provision for the offences listed above is Section 6.1 of Bylaw 3576-2022, a certified copy of which has been filed.
Item
COLUMN 1
Short Form Wording
COLUMN 2
Provision Creating or Defining
Offence
COLUMN 3
Set Fine
1.
Keep backyard fowl without obtaining consent from
the property owner.
Section 3.1
$200.00
2.
Keeping more fowl than what is permitted
Section 3.2
$200.00
3.
Keeping of a rooster
Section 3.4
$200.00
4.
Improperly disposing of deceased fowl
Section 3.5
$200.00
5.
Fowl running at large
Section 3.6
$200.00
6.
Fowl feed improperly stored
Section 3.7
$200.00
7.
Fail to provide runs and coops for fowl
Section 4.1
$200.00
8.
Fowl coops or runs located in front or side yard
Section 4.2
$200.00
9.
Fowl coop or outdoor run not meeting setbacks
Section 4.3
$200.00
10.
Improperly maintained fowl coop or outdoor run
Section 4.5a
$200.00
11.
Improperly constructed fowl coop or outdoor run
Section 4.5b
$200.00
12.
Backyard fowl being or causing a public nuisance
Section 5.2
$200.00
The fine amounts listed above have been approved by the Regional Senior Justice.
Dated: October 3, 2022
Electronic Signature:
W. Vincent Clifford
Regional Senior Justice
Ontario Court of Justice - East Region
PROVINCIAL OFFENCES ACT
Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice, that the amount set opposite each of the
offences in the schedule of offences under the Provincial Statutes and Regulations
thereunder and Municipal By-law No. 3576-2022, of the Township of Augusta
attached hereto is the set fine for that offence. This Order is to take effect on
October 3, 2022.
Dated at Ottawa, this 3rd day of October 2022.
ELECTRONIC SIGNATURE:
W. Vincent Clifford
Regional Senior Justice
Ontario Court of Justice
East Region
THE HONOURABLE
W. VINCENT CLIFFORD
REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
EAST REGION
COURTHOUSE
161 ELGIN STREET, 6TH FLOOR
OTTAWA, ONTARIO
K2P 2L1
L'HONORABLE
W. VINCENT CLIFFORD
JUGE PRINCIPAL RÉGIONAL
COUR DE JUSTICE DE L'ONTARIO
RÉGION DE L'EST
PALAIS DE JUSTICE
161, RUE ELGIN, 6e ÉTAGE
OTTAWA (ONTARIO)
K2P 2L1
TELEPHONE/TÉLÉPHONE (613) 239-1520
FAX/TÉLÉCOPIEUR (613) 239-1572
October 3, 2022
[email protected]
Augusta Township
3560 County Road 26, RR 2
Prescott, Ontario K0E 1T0
Attention: Mr. Rob Bowman
Fire Chief/Manager of By-Law
Dear Mr. Bowman:
Re:
Set Fines - Provincial Offences Act - Part I
By-Law No. 3576-2022: Backyard Fowl
Enclosed herewith are the original Order (Part I) dated October 3, 2022, and original schedule of
set fines for By-Law No. 3576-2022, the By-Law indicated in the schedule.
The setting of the fines does not constitute my approval of the short form of wording used to
describe the offences.
Please ensure that a copy of the said documents is forwarded to the Provincial Offences Office,
which has jurisdiction for the Township of Augusta.
Yours truly,
ELECTRONIC SIGNATURE:
W. Vincent Clifford
Regional Senior Justice
Ontario Court of Justice
East Region
/nl
Enclosures
c.c.: Ms. Devyani Anandjit
Crown Law Office - Criminal, Ministry of the Attorney General