By-law No. 2016-024 - Being a By-law to Allow the Raising of Chickens or Ducks on a Property of Less Than 2 Hectares — full text

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THE CORPORATION OF THE TOWNSHIP OF BONNECHERE VALLEY BY-LAW NO. 2016-024 BEING A BY-LAW TO ALLOW THE RAISING OF CHICKENS OR DUCKS ON A PROPERTY OF LESS THAN 2 HECTARES WHEREAS Section 10 (2) of the Municipal Act, 2001 as amended, permits the Township to pass bylaws respecting the keeping of animals. AND WHEREAS Section 10 (2) of the Municipal act, 2001 as amended permits the Municipality to pass bylaws respecting buildings and fences AND WHEREAS Section 444. (1) of the Municipal Act, 2001 as amended provides that the municipality has the authority under this or any other Act or under a by-law under this or any other Act to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person's expense. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BONNECHERE VALLEY ENACTS AS FOLLOWS: 1.0 SHORT TITLE This By-Law may be cited as the "poultry bylaw" 2.0 DEFINITIONS In this By-Law: a) "At large" means being outside a coop or run." b) "Approved coop or run" shall mean a coop or run conforming to the guidelines set out in this bylaw. c) "Capon" means a castrated male chicken raised for food. d) "Chicken" In this bylaw means a domesticated female chicken or a Capon but not a rooster. e) "Coop" or Shelter means a fully enclosed weatherproof building where chickens or ducks are kept and which the interior of includes nest boxes for egg laying, perches for the chickens to sleep on and food and water containers." f) "Duck" means a domestic duck of a breed suitable to be kept and raised in an enclosed coop, enclosure and run and kept for the production of eggs or meat. g) "Free Range" denotes a method of farming husbandry whereby the chickens or ducks are allowed to range freely on a property without being confined to an enclosed run. h) "Owner" for this bylaw Owner includes any person who keeps or harbours a chicken or duck and, where an owner is a minor, includes the person who is responsible for the custody of the minor." i) "Poultry" In this bylaw means any domestic chicken or duck commonly kept for the production of eggs or meat. j) "Property" In this bylaw means any property of less than 2 hectares in size. k) "Run" means covered secure enclosure that allows chickens or ducks access to outdoors." l) "Yard" On any property zoned Residential, yard shall mean the land around or adjoining the whole or any part of a residential building; and for residential lots, it generally refers to the front, back and side lawn portions of a property. 3.0 GENERAL DUTIES AND OBLIGATIONS a) Any person wanting to keep or raise chickens or ducks for the personal production of eggs or meat on any property of less than 2 hectares in size shall first obtain a permit to do so from the Municipality. Such permit to be renewed annually. b) Where a permit has been issued a person may keep a maximum of 4 domestic chickens or ducks for the purpose of obtaining eggs or meat. c) The keeping of Roosters, Geese, turkeys or any other of birds of the order Galliformes except domestic chickens or ducks is prohibited on any property of less than 2 hectares in size. d) A tenant must obtain permission from the property owner to keep chickens or ducks on the owner's property. e) The owner of the chickens or ducks must reside on the property where they are kept. f) Chickens or ducks must be confined to a coop, shelter or a run at all times, chickens or ducks are not allowed to be at large or "free range". Any chicken or duck found off the owner's property outside of the coop, shelter or run shall be considered to be "at large". g) Chickens or ducks must be secured and confined inside their coops or shelters from 9:00 p.m. to 6:00 a.m. h) Coop, shelters and runs shall be a distance of at least: (i) 1.2m from the rear lot line: and (ii) 1.2m from any side lot line: and (iii) 15 m from any school: and (iv) 7.5 m from any church or business. i) Coops, shelters and runs shall be a minimum distance of 3 m from all windows and doors of any dwellings that are located on an abutting property. j) Coops, shelters and runs are not permitted in any front yard. k) Coops, shelters and runs are not permitted in any side yard except where due to the layout of the rear yard placement of the coop, shelter or run is impractical and permission to place the coop or run in the side yard has been approved by the municipality. l) Coops, shelters and runs shall be: (i) Constructed in such a fashion to be compatible to the area and finished in such a manner as to be aesthetically pleasing so as not to offend, to the satisfaction of the Municipality. (ii) maintained in a clean condition and the coop shall be kept free of obnoxious odours, substances and vermin: and (iii) cleaned of manure weekly and the manure from the keeping of chickens or ducks shall be: 1) Disposed of weekly in accordance with Municipal by-laws. 2) Waste must be solid and bagged and placed with household garbage for pick-up. Or; 3) Transported to the municipal waste transfer station: or; 4) If to be composted kept in an enclosed compost bin. m) Home slaughter of chickens or ducks is prohibited and any deceased animals shall be disposed of immediately. n) Sales of eggs, meat, manure and other products associated with the keeping of chickens or ducks from a residential property is prohibited. 4.0 FENCES a) Every property where a licence to keep poultry has been granted shall have or erect a fence around that section of the property where the coop, enclosure and run is located; and; b) Constructed in such a fashion as to deter predators from entering that section of the property where the chickens or ducks are kept and; c) maintained (i) in good repair, in a safe and structurally sound condition free from hazards: and (ii) Unsightly markings, stains or other defacements on the exterior surfaces of fences shall be removed and the surface shall be refinished when necessary. 5.0 ADMINISTRATION, ENFORCEMENT & APPEAL a) This By-Law shall be administered by the Municipal By law enforcement Officer a peace officer or any other person appointed by council to enforce such regulations. b) Where an inspection of the property where the Chickens or ducks are kept reveals that the standards as set in this bylaw are not being maintained the Township shall give immediate verbal notice to the owner of the chickens or ducks and shall follow such verbal warning with a written notice to any owner and occupant of the property ordering that the owner or occupant comply with this By-law. c) An order issued under this By-law shall set out: (i) The owner's or occupant's name, address and location of the contravention; and (ii) Sufficient particulars of the contravention to adequately identify the contravention and the location on the property of the contravention; and (iii) An order to remedy the contravention within 7 days of the issue of the order , indicating the particulars of what must be remedied, which remedy may include removing any material, chickens or ducks or repairs to the coops, runs or fences; and; (iv) The date by which the contravention must be remedied; and; (v) A statement that if the contravention is not remedied within the period of time stipulated in the order, the Township at its discretion shall revoke any permits in force and shall remove any chickens or ducks from the property at the owner's expense (vi) Any order given by the Township in accordance with any section of this bylaw may be served personally or by registered mail. d) Where at the end of the 7 day period referred to above, the Township may dispose of any items removed from property and retain any proceeds from the disposal. e) All costs incurred by the Township to remove and dispose of any chickens or ducks removed in accordance with the provisions of this By-law shall be the responsibility of the owner. f) Despite any actions taken in respect to this bylaw, the Township shall not be liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the Township in the reasonable exercise of its powers under this by-law. g) Any person wishing to appeal any order issued under this Bylaw shall: (1) Within 2 days of receipt of the order file a notice of appeal in writing to the Chief Administration Officer (CAO) of the Township of Bonnechere Valley, who shall schedule the appeal at the next regularly scheduled meeting of council or as soon as is practical. (2) The notice of appeal shall contain: (i) A copy of the order that was issued: and (ii) A brief statement as to why the appellant feels the order was issued wrongly. (3) The CAO on receiving the request for an appeal shall issue a temporary reprieve on the order issued until such time as the appeal has been heard and ruled on by Council. (4) Council may approve the order, rescind the order or modify the order on any terms that it deems reasonable in all of the circumstances. 6.0 OFFENCES (a) Any person who fails to comply with an order issued under this By-Law is guilty of an offence. (b) Any person who breaches any provision of this By-law is guilty of an offence. (c) Upon conviction, the maximum fine shall be as set out in Schedule "A" attached to and forming part of this By-law. (d) If this By-law is contravened and a conviction is entered, the court in which the conviction was entered or any Court of competent jurisdiction may, in addition to any other remedy and to any other penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted. 7.0 VALIDITY A decision of a competent court that one or more provisions of this By- Law are invalid in whole or in part does not affect the validity, effectiveness or enforce ability of the other provisions or part of provisions of this By-Law. 8.0 APPLICABILITY This by-law shall apply to all property within the limits of the Township of Bonnechere Valley under 2 (two) hectares in size. 9.0 EFFECTIVE DATE This By-Law shall come into effect from the date of its passing by Council. READ A FIRST & SECOND TIME THIS 21ST DAY OF JUNE 2016 READ A THIRD TIME AND PASSED THIS 21ST DAY OF JUNE 2016 _________________________ __________________________ Jennifer Murphy, Mayor Bryan Martin, CAO ANNEX "A" TO BY-LAW 2016-024 BEING A BY-LAW TO ALLOW THE RAISING OF CHICKENS OR DUCKS ON A PROPERTY OF LESS THAN 2 HECTARES Item Column 1 Short Form Wording Column 2 Provision creating or defining offence Column 3 Set fine 1 Keep or Raise chickens or ducks without a permit 3.0(a) $1000.00 2 Keep or raise more than 4 chickens or ducks 3.0(b) $500.00 3 Keep or raise prohibited birds 3.0(c) $250.00 4 Allow chickens or ducks to be at large 3.0 (f) $250.00 5 Chickens or ducks not confined at night 3.0 (g) $250.00 6 Coop, shelter or run constructed in an offensive manner 3.0(l)(i) $250.00 7 Coop, Shelter or run not maintained in a clean condition 3.0 (l)(ii) $250.00 8 Coop , shelter or run not cleaned of manure or waste 3.0 (l)(ii) $250.00 9 Sale of Eggs, Meat or Manure from residential property 3.0 (n) $250.00 10 Fence not erected 4.0 (a) $250.00 11 Fence not maintained 4.0 (c) $500.00 NOTE: The general penalty provisions for the offences listed above is section 6 of by-law 2016- 024, a certified copy of which has been filed. TOWNSHIP OF BONNECHERE VALLEY PERMIT TO KEEP CHICKENS OR DUCKSON A RESIDENTIAL PROPERTY Under the Township of Bonnechere Valley Bylaw number 2016-024 and subject to limitations and also subject to the terms and conditions therein. PERMIT ISSUED TO Name (Please Print) Civic Address Telephone I am the registered owner of the property yes no If "NO" name of registered property owner Name Contact information I am the registered owner of the property where the chickens or ducks are to be kept and give my permission to the occupier of the property to keep chickens or ducks on my property. I further understand that I am responsible for any clean-up or disposal of any chicken coops, runs or other materials associated with the keeping of chickens or ducks on my property. Signature of registered owner Permit Issued: Date: Permit Denied By my initials I understand that: Initial I am aware of the property setbacks I must follow before building and coop or run I am aware that my lot, coop, enclosure and run plan must be approved before I begin construction. I must be in possession of a valid permit which is renewable on the 1st of January of each year I am allowed to keep a maximum of 4 chickens or 4 ducks on my property for the purpose of the production of eggs or meat. The keeping of roosters, turkeys or any other bird of the family Galliformes is prohibited Chickens or ducks must be secured in their coop or shelter from 9:00 PM until 06:00 AM Chickens or ducks must be secured in an approved run when not confined to their coop or shelter I understand that I cannot sell eggs, meat or manure from my residential property The coop, shelter and run shall be cleaned at least once per week to avoid a build up of manure or old food That manure and other waste from the coop, shelter or run may be disposed of with my municipal garbage or composted in accordance with the regulations. That the manure produced from my chickens or ducks may be composted in a contained compost bin but not I an open air compost pile. That home slaughter of chickens or ducks is prohibited and dead stock shall be disposed of immediately to prevent too spread of disease or the attraction of vermin APPLICATION FOR KEEPING CHICKENS OR DUCKSON RESIDENTIAL PROPERTY Applicant Name: Civic Address: Phone (home) Phone (work) A Scaled Diagram must be attached to this application and must identify: ➢ Property / Lot Dimensions ➢ Proposed Location of any chicken coop, enclosure and run on the property ➢ Proposed Chicken coop / run distance from dwelling units and property boundaries; Sketch out where on your property you are going to locate the coop taking into consideration its location relative to the sun (southern exposure ensures greater warmth and sunlight). Once you have decided on the general location of your coop / run combination sketch out your coop / run. Remember you will need at least 2 square feet of floor space per chicken or duck and your run must be a minimum of 5' wide by 20 ' long (100 sq ft). Keeping in mind all the time the mandatory setbacks! Location of Coop / Run Approved / Denied Signature of Municipal Official CHICKEN COOP AND DUCK ENCLOSURE GENERAL GUIDELINES Chicken coops or Duck Shelters can be purchased as a kit or can be built with a little effort To help you with your design and to keep your poultry safe here are some general guidelines to help you get started. 1. Build your coop, enclosure and run on high ground to avail battling water and mud problem. this will dictate the general shape and location of you coops / run combination. 2. Chickens and ducks need protection from predators. Although the fence around the area where they are kept will keep a lot of the predators looking for a tasty meal out it will not deter all of them so housing must be predator proofed on all 6 sides of the coop, enclosure and run. 3. Most urban predators will dig under any fence you put up so Wire with a 1" or smaller opening buried 15 - 18 inches under the ground of the run will deter almost all urban predators. Light "chicken wire" is NOT recommended as raccoons and skunks can rip it open easily. 4. Housing must be weatherproof - yes the chickens or ducks have lots of feathers and down to keep them warm and dry but they do require protection from heat, cold and precipitation - a happy warm bird will keep giving you lots of eggs and gets nice and plump for you. 5. REMEMBER the shelter does not need to be fancy but it does have to be visually (aesthetically) pleasing as well - not for the benefit of the poultry but for your neighbors. They certainly don't want to be looking at some unpleasant looking rickety shack in your yard! 6. Walls can be made out of virtually any wood material - just ensure that there are no gaps or holes (other than the ventilation holes) you would be surprised how quickly a small gap or hole can be made into a large opening by a skunk, raccoon or fox or even a rat. 7. Ventilation is more important than insulation. Plan to have openings near the ceiling for air circulation. While chickens and ducks enjoy moderate--around 55°F--temperatures, their feathers kept them warm and they will not freeze as long as they have shelter. Plus, proper ventilation will keep the coop smelling a lot better if the ammonia released from the chicken poop is allowed to escape! 8. Floors are important if you are building on the ground the floor of the coop must be made of cement or concrete to keep moisture and vermin out - If you are building off the ground you can use plywood covered with rubber mats or other type of impermeable material that will not hold moisture and will be easy to clean and keep deodorized. 9. Elevate feeders and water cans and hang them if possible. Hanging feeders prevents the chickens and ducks from stepping in them (they will if they can!) and thus prevents wasting feed, saving you clean up time and money. 10. Use roosts and a poop-catching tray. Chickens love to roost, and they'll be a lot happier if they have plenty of roosting space. They'll snuggle next to each other, keeping each other warm. And you'll be amazed to find that something like eighty percent of their poop will end up underneath the roosts. So, if you can design your coop with a removable tray or other way to catch that poop under the roost and remove it easily, you've won half the battle of keeping your coop clean! Don't forget under the regulations you must clean out your coop on a weekly basis. Ducks on the other hand do not roost but need a flat comfortable platform they can get comfortable on during the night. 11. You'll need electricity if you want light. Lights in the coop can help your girls continue laying through the winter, a choice many people make. So while you're designing your coop, decide if that's important to you, and plan for a single, 40-watt bulb to hang from the middle of the coop ceiling. If you are worried about your chickens or ducks or eggs freezing a 40W light will provide more than enough heat in your coop. Don't forget to much light will mess up their day /night rhythm - put your light on a timer so it is out at night - your chickens or ducks will snuggle each other for warmth if it gets cold. 12. Don't forget about access. You'll need to collect eggs, clean the coop, and potentially catch a particular chicken. Ideally, you'll be able to stand up in your coop, but that isn't always necessary or possible. In either case, consider multiple doors as access points. And being able to open an outer door to collect eggs from the nest boxes can be really handy. No poop on your shoes! Also, when making hinged doors that open horizontally, hinge them on the bottom, so that you don't have to hold them open while you collect eggs. Which duck breed is best for small and backyard poultry flocks? Choosing a breed of duck is important, you must consider whether egg production or meat is your primary reason for raising ducks as well as the area, hardiness and diet of certain breeds. Here are the breeds that research has shown are best suited to backyard farming. - AYLESBURY. The Aylesbury is a pure white duck that originated in England and like the Pekin, the Aylesbury (which can grow to 8 to 10 pounds) reaches a market weight of 7 pounds in eight weeks. - PEKIN. Around 90 percent of the duck meat produced in the United States is from the Pekin. Under small farm conditions, a Pekin usually reaches 6 to 7 pounds in seven or eight weeks. The Pekin is popular because of its fast growth rate and yellow skin. Pekins should not be raised past 10 weeks because at that age, they become difficult to pluck due to their pin feathers and their feed efficiency declines sharply. Pekins are considered a general purpose breed because the hens lay fairly large numbers of white-shelled eggs. - Muscovy. While not technically a duck the Muscovy is treated as such under the bylaw, It is the meat breed of choice in many areas. Because the Muscovy originates from the warmer areas of the Southern Hemisphere, its meat is leaner than meat from ducks, which tends to be fatty. Another difference between the Muscovy and ducks is length of incubation--35 days for the Muscovy versus 28 days for ducks. The male Muscovy can become very large (10 to 12 pounds); the female is smaller (5 to 6 pounds). Muscovies must be butchered by 16 weeks of age, or the meat becomes too firm. MUSCOVY CROSS. Another option for meat production is a Muscovy cross. When a Muscovy is crossed with a duck, the offspring are sterile and often are referred to as mule ducks or moulard ducks, depending on the cross. - CAYUGA. The only duck breed developed in the United States, the Cayuga originated near Cayuga Lake in New York State. Unlike Pekin and Aylesbury ducks, which reach market weight in eight weeks, the Cayuga and other heavy breeds take 12 to 16 weeks to finish as a market bird. - BUFF ORPINGTON. Although they are smaller than Pekins and Aylesburies, Buff Orpingtons sometimes are raised for meat. The Buff Orpington was originally considered an egg breed, and it lays very well if not allowed to get too heavy. - ROUEN. The Rouen reaches 7 to 8 pounds in 12 to 15 weeks, with the bulk of the weight gain happening after the bird is 12 weeks of age. The Rouen not only is a good meat bird, but a Rouen hen can lay an egg every other day during the breeding season. Rouen eggs have a blue tint. - CRESTED. The crested duck is named for the ball of feathers on its head. It is not simply a white duck with a crest but a defined breed. Although many breeders raise them for exhibition purposes only, crested ducks have a good growth rate, though not as great as that of the heavy breeds, and lay well. - SILVER APPLEYARD. The silver appleyard is a recent addition to the heavy class. It is a colourful duck and is used for both meat production and egg production. - SAXONY The Saxony is a recent addition to the heavy class. It is a colourful duck and is used for both meat production and egg production. - RUNNER. Runner ducks cannot fly, are lightweight, and stand upright like penguins. They run rather than waddle, thus their name. Only the females quack; the drakes are limited to a hoarse whisper. A runner duck's level of egg production depends on whether it is an exhibition strain or a utility strain (that is, bred to meet the standards for purebred exhibition birds or for egg production). Typically, a runner duck lays four eggs per week for about eight months, and some utility strains have produced more than 300 eggs in a year. In fact, the runner duck has such high egg production levels that it often is referred to as the Leghorn of the duck family. Because of their small size, runners eat less feed than meat ducks. Of course, it is important to provide them with sufficient calcium and protein-rich feed to maintain egg production during the extensive laying season. - CAMPBELL. The Campbell breed was developed by Adele Campbell in the late 1800s. She crossed a runner and a Rouen in an attempt to create a breed of ducks that would lay well but have bigger bodies. The offspring were crossed with mallards to increase their hardiness. There is only one variety of Campbell ducks--khaki. They lay an off-white egg. When a lighting system is used, Campbells lay throughout the winter months, when daylight hours are naturally shorter. - WELSH HARLEQUIN. A recent addition to the APA standard is the Welsh Harlequin duck. This colorful breed can serve as a meat duck and as a prolific producer of white or tinted eggs.