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By-Law No. 141-2024
of The Corporation of The Municipality of Chatham-Kent
A By-Law to Amend By-Law Number 170-2021, of The Corporation of The
Municipality of Chatham-Kent Responsible Animal Ownership By-law
Finally passed the 4th day of November, 2024.
Whereas Council of the Corporation of the Municipality of Chatham-Kent
passed By-Law Number 170-2021 at its meeting on the 4th day of October, 2021.
And Whereas under section 15 Prohibited Animals it states: No person shall keep
animals belonging to the following order or genus: Galliformes (e.g. pheasants, grouse,
guinea fowls, quail, turkeys, chickens and peafowls); except button quail or except
Galliformes located on premises zoned agricultural under the Municipality's Zoning By-
law permitting such use;
And Whereas the Corporation of the Municipality of Chatham-Kent now
deems it expedient to amend certain sections of By-Law Number 170-2021 with
respect to permitting backyard chickens (hens) on rural residential and/or village
residential zoned properties provided certain setbacks and regulations are met.
Now Therefore the Municipal Council of the Corporation of the Municipality of Chatham-
Kent enacts as follows:
1. Addition of section 5.7 and 5.8 to read as follows:
5.7 No person shall keep or permit to be kept, on any one premise owned or
occupied by them, more than ten (10) hens on properties zoned rural residential
and/or village residential under the Municipality's Zoning By-law
5.8 Notwithstanding section 5.7, no person shall keep or permit to be kept, on
any one premise owned or occupied by them hens on properties zoned rural
residential and/or village residential in the Community of Erieau.
2. The paragraph beginning with "Galliformes" in section 15.1 is hereby deleted and
replaced with the following:
Galliformes (e.g. pheasants, grouse, guinea fowls, quail, turkeys, chickens and
peafowls):
(1) except button quail or Galliformes located on premises zoned agricultural
under the Municipality's Zoning By-law permitting such use; and
(2) except hens on premises zoned rural residential and/or village residential
under the Municipality's Zoning By-law, but excluding the Community of
Erieau, permitting such use, subject to:
a. the limitations set out in section 5.7 of this By-law;
b. the requirements and restrictions set out in Schedule A; and,
c. the issuance of a permit, as set out in Schedule A.
3. That Schedule A - Backyard Chickens is hereby declared to form part of By-law
170-2021.
This By-law shall come into full force and effect upon the final passing thereof.
Read a first, second and third time this 4th day of November, 2024
Original Signed By:
______________________________
Mayor Darrin Canniff
Original Signed By:
______________________________
Clerk- Judy Smith
Schedule A - Backyard Chickens
Chickens are permitted on properties zoned agricultural in the Municipality.
Schedule A of this By-law are regulations specific to the keeping of hens at
properties zoned rural residential and/or village residential
under the Municipality's Zoning By-law, excluding the Community of Erieau.
1.
Definitions
"coop" means a fully-enclosed weatherproof structure where hens are kept and
the interior of which includes nest boxes for egg laying, perches for hens to roost on
and food and water containers;
"dispose" in this Schedule, dispose means the removal and destruction of a deceased
hen's remains or the removal of a hen's waste;
"hen" means a domesticated female chicken;
"hen permit" means a permit that is issued to the applicant under this Schedule;
"hen run" means a covered, secure enclosure that provides hens with access to the
outdoors;
"owner of hens" means any person(s) who possesses, harbours or keeps hens on
property zoned rural residential or village residential under the Municipality's Zoning
By-law, excluding the Community of Erieau, but shall not include an owner of hens
kept on land zoned Agricultural under the Municipality's Zoning By-law;
"person" means a natural person, a partnership, a body corporate and any
association, and the heirs, executors, administrators, successors and assigns or
other legal representatives thereof to whom the context may apply;
2.
Application
2.1 This Schedule shall apply to any person who keeps or who applies to keep
hens on property zoned rural residential or village residential under the
Municipality's Zoning By-law, excluding the Community of Erieau.
2.2 This Schedule shall not apply to any person who keeps hens or roosters on
property zoned Agricultural under the Municipality's Zoning By-law, to the
extent that such hens or roosters are kept thereon.
3.
Eligibility for the Keeping of Hens
3.1 A hen permit may be issued for the keeping of hens on properties zoned
rural residential and/or village residential, excluding the Community of Erieau,
provided the regulations in this Schedule and related sections in the
Municipality's Responsible Animal Ownership By-law are followed.
3.2 No person shall keep, harbour, or possess, or cause to keep, harbour, or
possess hens, without first obtaining a valid hen permit issued in
accordance with this Schedule.
3.3 No person shall keep hens in apartment buildings, condominium buildings,
nor properties without sufficient outdoor space to house the hens, as
determined by the Poundkeeper.
3.4 The owner of hens must reside on the premises where the hens are kept.
3.5 Every owner of hens shall ensure that their hens are kept in a manner to
not cause a nuisance to any adjacent neighbour.
3.6 Hens are kept in accordance with all other laws including the Municipality's
by-laws respecting noise, lot maintenance, property standards, and animals
as well as provincial legislation respecting the keeping of animals.
4.
Number of Hens Restricted
4.1 No owner of hens shall keep more than ten (10) hens at any property
zoned rural residential and/or village residential under the Municipality's
Zoning By-law, excluding the Community of Erieau.
4.2 No owner of hens shall keep a rooster.
5.
Hen Permit Application - Initial and Renewal
5.1 The owner of hens shall complete an initial hen permit application, file any
information as may be required by the Poundkeeper, and pay the required
fee as set out in the Municipality's User Fee By-law prior to a hen permit
being issued.
5.2 If the applicant for a hen permit is a tenant of the premises, the applicant
must obtain the property owner(s) written consent to keep hens on the
premises and must provide a copy of such written consent to the
Poundkeeper, if requested.
5.3 A hen permit shall be issued to a person whose application meets all the
requirements of this Schedule, unless refused in accordance with section 13
of this Schedule.
5.4 Hen permit fees shall not be refunded.
5.5 A hen permit shall not be transferable from one person to another.
5.6 A hen permit shall not be transferable from one property to another.
5.7 The licensee shall, on the renewal of the hen permit,
a) apply on or before the expiry date set out on the hen permit, and
b) furnish to the Municipality such information that would be required for an
original hen permit or as the Poundkeeper may direct.
5.8 The hen permit renewal fee shall be in accordance with the Municipality's
User Fee By-law.
5.9 An applicant for a hen permit under this Schedule must be an individual and
must be at least eighteen (18) years of age.
6.
Non-Commercial use only
6.1 No person shall sell or offer for sale any part of a hen or its eggs or manure
or engage in hen breeding or fertilizer production for commercial purposes.
6.2 No person shall give or provide a hen, a part of a hen, eggs, or manure to
any other person or entity, save and except a person residing in the same
household as the owner of hens.
7.
Hen Coop/Run - Setbacks
7.1 No owner of hens shall permit a hen coop or hen runs in any front yard or
side yard, as those terms are defined in the Municipality's Zoning By-Law.
7.2 An owner of hens shall ensure that the hen coop and hen run must be:
a) located at least 2 metres from the rear property line and at least 2 metres
from any side lot line or exterior side lot line of the premises on which the
hen coop or hen run is located.
b) located at least 15 metres from any point of a school.
c) located at least 7.5 metres from any point of a church or business.
d) located at least 3 metres from any sewage works.
7.3 When a hen coop is built within a shed or other structure, only the portion
actually used to house hens shall be required to meet the setback
requirements of this section.
7.4 No hen coop or hen run shall exceed 2 metres in height as measured from
the highest point of the structure and the ground directly below such point.
7.5 In the event of any conflict between the terms of Section 6.2 above and the
terms of the Municipality's Zoning By-Law that applies to the premises, the
greater distance or setback shall prevail.
8.
Hen Coop/Run - General Terms
8.1 No person shall permit more than 1 hen coop and 1 hen run per premises.
8.2 An owner of hens shall ensure:
a) the coop is fully enclosed on all sides and have a roof and doors. Access
doors must be able to be shut and locked at night. Any windows and vents
must be predator-proof and bird-proof.
b) to keep the hen coop and run in a clean, dry, odour-free, neat and
sanitary condition at all times, and in a manner that will provide healthy
living conditions for the hens while minimizing adverse impacts to other
residents in the neighborhood to the satisfaction of the Poundkeeper. The
owner of hens agrees to undertake any repairs directed by the
Poundkeeper at the owner of hens sole cost and expense in order to
comply with this section.
c) to deep clean the coop two times yearly, at minimum, including
disinfecting of troughs, perches, and nests.
d) the coop has appropriate bedding i.e. shavings, straw or other appropriate
materials, to absorb manure and facilitate cleaning and help reduce smells
within the coop.
e) the coop has a perch area sufficient to accommodate all hens.
f) the coop has nest boxes for hens to lay eggs.
g) hens are provided with appropriate space and environmental conditions
conducive to good health, including but not limited to, the opportunity to
socialize and engage in fundamental behaviours such as scratching,
pecking, roosting and dust bathing.
h) hens are kept in an enclosure or fenced area on the premises of the
owner of hens at all times. During daylight hours, hens may be allowed
outside of their coop in a securely fenced yard on the premises of the
owner of hens, if supervised. Hens shall be secured within a locked
coop during non-daylight hours.
i) the coop has adequate and appropriate ventilation and protection from
the elements including harmful temperatures suitable for the health of the
hens. In addition, the owner of hens shall ensure the coop is
impermeable to rodents, birds, and predators, including dogs and cats, to
the satisfaction of the Poundkeeper. The owner of hens agrees to
undertake any repairs directed by the Poundkeeper at the owner of
hen's sole cost and expense in order to comply with this section.
9.
Predators, Rodents, Insects and Parasites
9.1 The owner of hens shall take necessary action at the owner of hen's sole
cost and expense to reduce the attraction of predators and rodents and the
potential infestation of insects and parasites to the satisfaction of the
Poundkeeper. Hens found to be infested with insects and parasites that may
result in unhealthy conditions to human habitation must receive treatment in
consultation with a veterinarian in a timely fashion. Non-compliance with this
section may result in notice that the permission to keep hens in the
Municipality is revoked and continued keeping of hens in an offence under
this By-law.
9.2 The Poundkeeper must be notified immediately of any disease or welfare
issues that arise that may affect the public and the steps taken to rectify the
situation.
10. Feed and Water
10.1 The owner of hens shall ensure that:
a) hens are provided with access to clean water at all times.
b) uneaten or spoiled feed must be removed in a timely manner.
c) feeders and water containers are provided and are cleaned and
disinfected regularly.
d) all stored feed is kept in rodent proof containers and secured at all times
to prevent rodents and other animals from accessing it.
e) feeding of hens is done in a manner that minimizes the attraction of
rodents or other animals.
11. Disposal of Hens
11.1 No person shall permit the home slaughter or butchering of hens on the
premises.
11.2 The owner of hens shall ensure that all dead hens are disposed of within
one (1) business day in a sanitary manner at the owner of hen's sole cost
and expense. For clarity, such disposal may include disposing any dead hen
at a livestock disposal facility or through the services of a veterinarian or
through a facility as approved by the Ministry of Agriculture, Food and
Agribusiness and are disposed of in accordance with all laws such as but not
limited to O. Reg. 106/09: Disposal of Dead Farm Animals and the Nutrient
Management Act, 2002, S.O. 2002, c. 4.
12. Waste/Manure
12.1 The owner of hens shall ensure that all manure and waste is removed daily
and stored in a secured container or composted or disposed of safely from
the coop.
12.2 Stored manure shall be kept in an enclosed structure, such as a compost bin,
in accordance with all applicable compost regulations, and no more than
three (3) cubic feet of manure shall be stored at any one time.
13. Revoke or Refusal to Issue Hen Permit
13.1 The Poundkeeper shall refuse to issue a hen permit where:
a)
the applicant does not meet the requirements for a hen permit as set out
in this Schedule.
b)
the issuance of the hen permit will cause the applicant to not be in
compliance with any other By-law of the Municipality.
c)
the applicant fails to pay any fee charged in accordance with this
Schedule.
d)
the licensee fails to pay a fine imposed by a court for a contravention of
this By-law.
13.2 The Poundkeeper may refuse to issue a hen permit where:
a) the applicant has previously been convicted of an offence under this By-
law.
b) the applicant furnishes false information or misrepresents any fact or
circumstance in their application or in any document provided or statement
made in support of their application.
c) the issuance or holding of the hen permit would, in the opinion of the
Poundkeeper, be contrary to the public interest in respect of:
i.
the health and safety of any person or animal; or
ii.
a nuisance affecting any land or person in the Municipality.
d) The applicant fails to provide to the Poundkeeper any information or
document in support of their application required by this Schedule.
13.3 The Poundkeeper may revoke or refuse to renew a hen permit where:
a) the applicant or licence holder does not meet or no longer meets the
requirements for a hen permit 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.
c) the licensee fails to pay a fine imposed by a court for a contravention of
this By-law.
d) the licensee is convicted of an offence under this By-law.
13.4 If, at any time, the Poundkeeper has reasonable grounds to believe that the
holder of a hen permit is not complying with the requirements of the By-law
or this Schedule, the Poundkeeper may suspend or revoke the hen permit
or impose conditions.
14. Right of Appeal
14.1 Where the Poundkeeper has refused to issue, renew, or has revoked a hen
permit, the applicant may appeal to the Municipality's By-law Appeal
Committee in accordance with procedures established by By-law 132-2018 as
amended, or successor by-laws thereto.
15. Pilot Program Duration
15.1 The Backyard Chickens Pilot Program will come into effect at the time of
passing of this By-law and will continue for a two-year period. If the pilot is not
continued beyond this period, the owner of hens shall take all necessary
steps to remove the hens from the premises within 6 months of the end date
of the pilot. The owner of hens understands and agrees that upon notice, the
Poundkeeper, may revoke the permission to keep hens in the Municipality
during the pilot period, and the continued keeping of hens after the date of
such a notice shall be an offence under this By-law.
16. Inspections
16.1 Every person who holds a hen permit shall allow, at any reasonable time, an
Officer to attend and inspect the premises to assess and ensure compliance
with all requirements of this Schedule and the Responsible Animal Ownership
By-law.
17. Contact Information and Notice
17.1 If the contact information provided in the application, Backyard Chickens Pilot
Program Application Form, changes, the owner of hens will update the
Municipality forthwith. The owner of hens also understands and agrees that
the Municipality may contact the owner of hens and provide information or
official notices by mail or by email to the owner of hens at the addresses in
the Backyard Chickens Pilot Program Form and any notice so made or given
shall be deemed to have been duly and properly made or given and received
on the day on which it shall have been so delivered or, if mailed, then, in the
absence of any interruption in postal service in the Municipality affecting the
delivery or handling thereof, on the day following three (3) clear business
days following the date of mailing.
18. Non-Compliance with Terms and Conditions
18.1 Any violation of the provisions of these terms and conditions shall be grounds
for a notice by the Poundkeeper revoking permission for the owner of hens
to keep the hens and ordering the owner of hens to remove the hens from
the premises. Continued keeping of hens after the date of such a notice is
an offence under this By-law.