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BY-LAW 44-2021
A BY-LAW OF THE CORPORATION OF THE TOWN OF CARLETON PLACE TO
REGULATE THE KEEPING OF HENS WITHIN THE CORPORATION OF THE TOWN
OF CARLETON PLACE
WHEREAS Section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, provides that a
municipal power shall be exercised by by-law; and
WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, provides that a
municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under that or any other Act; and
WHEREAS Sections 8, 9 and 11 of the Municipal Act, 2001, S.O. 2001, c.25 authorize
the municipality to pass by-laws necessary or desirable for municipal purposes, and in
particular items 5 and 8 of Section 11 (2) authorize by-laws respecting: the economic,
social and environmental well-being of the municipality and the protection of persons
and property; and animals; and item 9 of Section 11 (3) authorizes the passing of by-
laws with respect to animals; and
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides that the
powers of a municipality under this Act shall be interpreted broadly so as to confer
broad authority on municipalities to enable them to govern their affairs as they consider
appropriate, and to enhance their ability to respond to municipal issues; and
WHEREAS Section 8 (3) of the Municipal Act, 2001, S.O. 2001, c.25, provides that a
by-law passed under Section 11 of that Act respecting a matter may regulate or prohibit
and, as part of the power to regulate or prohibit may require a person to do things,
provide for a system of licences permits, approvals or registrations and impose
conditions as a requirement of obtaining, continuing to hold or renewing a licence,
permit, approval or registration;
WHEREAS Section 436 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
provides that Council may, by by-law, provide that the municipality may enter on land at
any reasonable time for the purpose of carrying out inspections to determine
compliance with certain specified matters, including by-laws passed under the Municipal
Act, 2001, directions or orders made under the Municipal Act, 2001 or under a by-law
passed under its authority, conditions of a licence issued under the Municipal Act, 2001
or orders made under Section 431 of the Municipal Act, 2001; and
WHEREAS Sections 446 (1), 446 (3) and 446 (4) of the Municipal Act, 2001, S.O. 2001,
c.25, authorize the Town of Carleton Place, if it has authority by by-law or otherwise, to
direct or require that a matter or thing be done, to direct in the same by-law that, in
default of it being done by the person directed or required to do it, such matter or thing
be done at the person's expense and to recover that expense by action or by adding it
to the tax roll and collecting it in the same manner as taxes; and
WHEREAS Section 446 (2) of the Municipal Act, 2001, S.O. 2001, c.25, establishes that
following failure to comply with an order directing or requiring the person that a matter or
thing be done, the municipality may enter upon the land at any reasonable time to
perform the directed or required matter or thing be done at the person's expense; and
WHEREAS Section 425 of the Municipal Act, 2001, S.O. 2001, c.25, establishes that
any person who contravenes any by-law of the Town of Carleton Place is guilty of an
offence; and
WHEREAS Section 429 of the Municipal Act, 2001, S.O. 2001, c.25, establishes that a
municipality may establish a system of fines for offences under a by-law of the
municipality; and
WHEREAS Section 103 (1) of the Municipal Act, 2001, S.O 2001, c.25 provides that if a
by-law is passed regulating or prohibiting with respect to the being at large of animals,
the by-law may provide for the seizure and impounding of animals being at large and
the sale of impounded animals; and
WHEREAS the Municipal Act, 2001, S.O. 2001 further authorizes the municipality,
amongst other things, to delegate its authority, to impose fees or charges, to provide for
inspections, and to make orders to discontinue activity or to do work; and
WHEREAS the Council of the Town of Carleton Place deems it advisable to enact this
by-law for the purpose of permitting and regulating the keeping of backyard hens within
the Town;
NOW THEREFORE the Council of the Corporation of the Town of Carleton Place
hereby enacts as follows:
1.
TITLE
1.1
The by-law shall be known and cited as the "Backyard Hens By-law".
2.
SCOPE
2.1
This by-law shall regulate the location, size, number, living conditions,
maintenance and disposal of backyard hens on residential properties of the Town
of Carleton Place.
2.2
The schedule attached to this by-law form part of this by-law.
2.3
All hens and coops on private property shall be kept and erected in accordance
with the provisions of this by-law.
3.
INTENT
3.1
The purpose of this by-law is to permit, regulate and control the keeping of hens
on residential properties, authorizing hens and coops that:
a) Are appropriate in size, number, and location;
b) Minimize adverse impacts on nearby public and private property; and
c) Do not create a safety hazard or a nuisance to abutting properties,
businesses, schools, and places of worship.
4
DEFINITIONS
4.1
Abutting Property means any parcel or lot that has a lot line or portion of a lot
line in common with the subject property, including a shared intersection of lot
lines.
4.2
Animals means any member of the animal kingdom, other than a human.
4.3
Business means any structure, whether publicly owned or privately owned, that
is adapted for occupancy for transaction of business and does not include any
home-based business.
4.4
Clerk means the Clerk of the Corporation of the Town of Carleton Place.
4.5
Council means the Council of the Corporation of the Town of Carleton Place.
4.6 Designation means a land use category as defined and regulated in the Town of
Carleton Place's Development Permit By-law, as amended or replaced and
renumbered
4.7
Dwelling Unit means a residential unit located in a building or structure, used or
intended to be used as a domicile by one or more persons and usually containing
cooking, eating, living, sleeping and sanitary facilities.
4.8
Easement means a legal instrument registered on a property which permits the
use of land by a third party or organization as specified on title.
4.9
Exterior Side Yard means the space abutting a public street that extends from
the front yard to the rear yard between a side lot line and the nearest point of the
main building, not including a permitted projection.
4.10 Front Yard means the space paralleling the front lot line extending across the full
width of a lot between the front lot line and nearest part of any main building on
the lot, not including a permitted projection.
4.11 Hen means a domestic female egg laying chicken (Gallus gallus domesticus)
that is at least 4 months old.
4.12 Hen Coop means a hen house and hen run.
4.13 Hen House means a structure that houses the hens at night and includes places
for laying.
4.14 Hen Run means a covered and secure enclosure that allows hens access to the
outdoors.
4.15 Interior Side Yard means the space not abutting a public street that extends
from the front yard to the rear yard between a side lot line and the nearest point
of any main building, not including a permitted projection.
4.16 Licence means a licence issued by the Town of Carleton Place pursuant to this
by-law.
4.17 Licensee means a person to whom a licence has been issued pursuant to this
by-law.
4.18 Officer means a person appointed by the Town as a Municipal Law Enforcement
Officer or Animal Control Officer to enforce the provisions of this by-law.
4.19 Order means an order made under this by-law;
4.20 Owner means, with reference to hens, any person who possesses, harbors or
keeps an animal or hen and, where an owner is a minor, includes the person who
is responsible for the custody of the minor; and means, with reference to
property, the individual(s), entities or corporations holding title of a property or
properties.
4.21 Person includes an individual, association, organization, partnership, public
bodies, corporations, societies, inhabitants of counties, municipalities or other
districts, and includes an agent or employee of any of them in relation to the acts
and things that they are capable of doing and owning respectively;
4.22 Place of Worship means a building used for public worship.
4.23 Property means a building or structure or part of a building or structure, and
includes the lands and premises appurtenant thereto and all mobile homes,
mobile buildings, mobile structures, outbuildings, fences and erections and
includes vacant property thereon whether heretofore or hereafter erected, and is
divided into:
4.23.1 Non-residential property means property which is not occupied, nor
capable of being occupied in whole or in part for the purpose of human
habitation.
4.23.2 Residential property means any property that is used or designed for
use as a domestic establishment in which one or more persons usually
sleep and prepare and serve meals, and includes any land or buildings
that are appurtenant to such establishment and all steps, walks,
driveways, parking spaces and fences or any fixtures or structures
associated with the building or its yard.
4.24 Rear Lot Line shall mean that lot line furthest from and opposite the front lot line
but if there is no such line, that point furthest from and opposite the front lot line.
If there are two or more rear lot line segments at different distances from the front
lot line, as in the case of an L-shaped lot, each segment shall be considered to
be the rear lot line for that portion of the front lot line directly opposite.
4.25 Rear Yard shall mean the space paralleling the rear lot line that extends across
the full width of the lot between a rear lot line and the nearest point of the
principal building not including a permitted projection.
4.26 Residential Property means a property that is zoned for residential use in the
Town's Development Permit By-law that applies to the property.
4.27 Residential Tenants means persons renting or leasing a property used or
intended to be used for residential purposes only.
4.28 Rooster means a male domestic chicken.
4.29 Setback means with reference to a lot line, the shortest distance between a lot
line (front, interior side, exterior side, or rear) and the nearest part of any building
or structure on the lot. In cases where a road widening is taken, the required
setback is calculated from the lot line.
4.30 School means a public, separate or private educational establishment operated
by a Board of Education as defined in the Education Act.
4.31 Town means the Corporation of the Town of Carleton Place.
4.32 Veterinarian means a veterinarian who is a doctor of animal health, licenced and
trained in Ontario to provide medical and surgical care for animals.
5
INTERPRETATION
5.1 This by-law includes the schedule annexed hereto, and the schedule is hereby
declared to form part of this by-law.
5.2
In this by-law "may" shall be construed as permissive.
5.3 In this by-law "shall" shall be construed as imperative.
6
ADMINISTRATION AND ENFORCEMENT
6.1
The municipality may appoint officers and other staff to carry out the
administration and enforcement of this by-law.
6.2
Interpretation and application of the terms and definitions of this by-law shall be
determined at the discretion of the enforcing officer.
7
GENERAL PROVISIONS
7.1
No person shall keep hen(s) unless they hold a valid Licence issued by the Town
in accordance with the provisions of this by-law.
7.2
A residential tenant must obtain permission from the property owner to keep hens
on the owner's property.
7.3
The owner of the hens must reside on the property where the hens are kept.
7.4
No hen coop shall be located in any front or exterior side yard.
7.5
Hen coops and runs shall be a distance of at least 1.2 metres (4 feet) from the
rear lot line and at least 1.2 metres (4 feet) from any side lot line of the dwelling
lot on which the hen coop is located.
7.6
Hen coops and hen runs shall be located at least 15 metres (50 feet) from any
school.
7.7
Hen coops and hen runs shall be located at least 7.5 metres (25 feet) from any
church or business.
7.8
Hen coops and hen runs shall be a minimum distance of 3 metres (10 feet) from
all windows and doors of dwellings that are located on an abutting property.
7.9
No person shall:
a) Keep a rooster; and
b) Keep an egg laying hen, other than the backyard hen(s) for which a valid
licence has been issued.
7.10 Every person shall keep hens secured in their hen house between 9:00 p.m. and
6:00 a.m.
7.11 No person shall keep more than six (6) backyard hens at a residential property or
a property used primarily for residential purposes which does not specifically
permit a farm use pursuant to the Development Permit By-law provided the
conditions and requirements contained in this by-law are met.
7.12 A hen coop and hen run shall not exceed 2 metres (6.5 feet) in height.
7.13 The following provisions apply to the use and storage of manure:
a) No more than .08 cubic metres (3 cubic feet) of manure can be stored in an
airtight container on the property. The manure storage and the hen house
cannot exceed a total area of 10 square metres (353 square feet);
b) Small amounts of manure may be worked into the soil as soil amendments;
c) All other unused manure exceeding the maximum total area outlined in 7.13
a) must be removed according to the Town's Waste Collection By-law.
7.14 Home slaughter of hens is prohibited and any deceased hens shall be disposed
of at a livestock disposal facility or through the services of a veterinarian.
7.15 Every licensee shall ensure the hen house and the run area are fully enclosed on
all sides and from above (i.e. fencing, chicken wire, roof covering). All hen
houses and runs are to be constructed to prevent the hens' escape and prevent
entry by intruders / predators.
7.16 Hen coops are to be designed to provide hens with a draft-proof, dry, and
insulated environment.
7.17 Every licensee shall ensure that hens are kept securely in a hen coop or run at
all times.
7.18 No person shall allow their hen(s) to roam at large, or be on a public road or in a
public place at any time.
7.19 No licence shall be issued to permit a hen house to be located within an
easement.
8
LICENCES
8.1
No person shall operate a hen coop on any residential property within the Town
unless they have first obtained a hen coop licence.
8.2
Hen coops shall only be permitted on legal residential properties with single
family and semi-detached dwellings.
8.3
Hen coops shall only be permitted on residential properties with a lot size greater
than 3,500 square feet (325 square metres).
8.4
Hen licence fees shall not be refunded or debated. The initial licence fee and
subsequent annual licence fee shall be in accordance with the Town's annual
Fees & Charges By-law.
8.5
A hen licence shall not be transferable from one person to another.
8.6
A hen licence shall not be transferable from one property to another.
8.7
A person to whom a hen licence has been issued must produce the
licence upon the demand of a Municipal Law enforcement Officer.
8.8
A hen licence may be revoked or may not be renewed when:
a) The applicant or licence holder does not meet or no longer meets the
requirements for a hen licence as set out in this by-law;
b) The applicant or licence holder furnishes false information or misrepresents
any fact or circumstance required pursuant to this by-law; and
c) The licensee fails to pay a fine imposed by a court for a contravention of this
by-law.
8.9
As part of the application review, the agencies or individuals to whom the
application is circulated may require an inspection of the yard and any hen coop
on the applicant's property.
9
ENFORCEMENT AND PENALTIES
9.1
Where a coop is erected, or located, or hens are kept in contravention of this
by-law, the designated official may immediately remove the hens or coop, that
constitute a safety hazard or a concern in accordance with the provisions of this
by-law, without notice or compensation.
9.2
Where a coop or licensee does not comply with this by-law or a licence issued
under this by-law, the designated official may order the coop and licensee to
remove or bring the coop and hens into compliance in the manner and within the
time specified in the order.
9.3
The order mentioned in Section 9.2 may be served:
9.3.1 By personal service upon the licensee;
9.3.2 By prepaid registered mail sent to the last address of the property owner,
shown on the records of the Town of Carleton Place; or,
9.3.3 By prominently posting a copy of the order either on the coop in respect to
which the order is made, or on the property upon which the coop is
erected, located, or displayed.
9.4
The written order shall contain the particulars of the non-compliance with this by-
law, a specified time limit in which to effect compliance and either an order to
comply with the by-law within the time limit specified in the order, or an order to
remove the coop and/or animals within the time limit specified in the order.
9.5
Where the order is served in accordance with Section 9.3, it is deemed to have
been received by the party being served upon the mailing or posting of the order.
9.6
Where a coop or hens are not removed or are not brought into conformity as
required by an order under Section 9.2, the Municipal Law Enforcement Officer
may have the coop and/or animals removed without notice or compensation. For
this purpose, the Municipal Law Enforcement Officer and their contractor or other
agent may enter upon the property at any reasonable time.
9.7
The cost incurred by the Town of Carleton Place in removing a coop and/or
hen(s) under this part of the by-law is deemed to be municipal taxes and may be
added to the collector's roll and collected in the same manner as municipal taxes.
Despite the foregoing, the cost incurred by the Town of Carleton Place in
removing a coop and/or hen(s) under this part of the by-law is a debt payable to
the Town of Carleton Place and may be recovered in any court of competent
jurisdiction.
9.8
This by-law may be enforced by any of the following:
9.8.1 Municipal Law Enforcement Officer;
9.8.2 Animal Control Officer.
9.9 A Licensee shall allow, at any reasonable time, a Municipal Law Enforcement
Officer, along with any other authorized employee or agent of the Town, to enter
to investigate upon the Property to determine whether the requirements of this
by-law are being complied with.
10
OFFENCES AND PENALTIES
10.1 Any person who contravenes or causes or permits any contraventions of any of
the provisions of this by-law is guilty of an offence and upon conviction, is liable
to a fine as provided for in the Provincial Offences Act or any successor
legislation.
10.2 In addition to any penalty imposed and any other remedy, the court in which the
conviction had been entered and any court of competent jurisdiction, thereafter,
may make an order:
10.2.1 Prohibiting the continuation or repetition of the violation by the person
convicted; and,
10.2.2 Requiring the person convicted to correct the contravention in the manner
and within the period that the court considers appropriate.
10.3 Every person enforcing this by-law shall have the right of entry on any property
for the purpose of carrying out an inspection to determine whether this by-law is
being complied with and for the enforcement of this by-law pursuant to Section
436 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended from time to time.
11
OBSTRUCTION
11.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any person
exercising a power or performing a duty under this by-law.
11.2 Any person who has been alleged to have contravened any of the provisions of
this by-law, shall identify themselves to the Municipal Law Enforcement Officer
upon request; failure to do so shall be deemed to be an act which obstructs or
hinders the Municipal Law Enforcement Officer in the execution of his/her duties.
12
VALIDITY
12.1 Where a provision of this by-law conflicts with the provisions of another by-law in
force in the municipality, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public prevails.
12.2 Should any section, subsection, clause or provision of this by-law be declared by
a court of competent jurisdiction to be invalid, the same shall not affect the
validity of this by-law as a whole or any part thereof, other than the part so
declared to be invalid.
13 SHORT TITLE
13.1 This by-law may be cited as "The Backyard Hens By-law."
READ A FIRST TIME, SECOND TIME, THIRD TIME AND FINALLY PASSED THIS 23
DAY OF MARCH 2021.
Doug Black, Mayor
Stacey Blair, Clerk
SCHEDULE "A" TO BY-LAW 44-2021
TOWN OF CARLETON PLACE
HEN COOP PERMIT APPLICATION
Name:
Home Address:
Town:
Province:
Postal Code:
Telephone number(s):
Email address:
Number of Backyard Hens to be kept at the address (max. 6):
Total area of all coops and runs are less than 108 square feet:
yes
no
The hen coop and hen run are less than 2m high:
yes no
A site plan illustrating the location of the hen coop on the property, clearly marking proximity to
property lines, easements any other structures on property is included: yes
Applicant Declaration:
I,
of
(address) in the Town of Carleton
Place do solemnly declare:
1. That I am the applicant for the grant of a permit authorizing me to keep backyard hens
pursuant to By-Law 44-2021 within the Town of Carleton Place now and hereafter in force. I
undertake to conform to the terms, conditions and regulations set out in By-Law 44-2021 and
understand that I must comply with all applicable regulations and requirements of: 1) every by-
law of the Town of Carleton Place; and 2) every Provincial and Federal Act and regulation
made under such an Act.
2. That I understand that any permit issued pursuant to the said application is subject to
revocation.
3. That the statements contained in this application are true and I make this solemn declaration
conscientiously believing it to be true and knowing it is of the same force and effect as if made
under oath and by virtue of "The Canada Evidence Act".
DECLARED BEFORE ME at the Town of Carleton Place, this
(dd/md/yy).
__________
______________________
Witness
Applicant Signature