By-law 05-21 — A By-law to Regulate the Keeping of Backyard Poultry in the Village of Mallorytown
Front of Yonge, Ontario
· adopted 2021-02-01
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## A BY-LAW TO REGULATE THE KEEPING OF BACKYARD POULTRY IN THE VILLAGE OF MALLORYTOWN
WHEREAS the Municipal Act, 2001 authorizes the council of municipalities to pass by-law with respect to animals;
AND WHEREAS Council considers it advisable to pass such a by-law;
THEREFORE the Council of The Corporation of the Township of Front of Yonge enacts as follows:
## 1.0 DEFINITIONS
## 1.1 in this by-law;
"backyard poultry" means the keeping of hens on a lot used primarily for residential purposes and where such keeping of poultry is for the personal use of the residents thereon.
"By-law Enforcement Officer" means an authorized employee or agent of the Township of Front of Yonge who is responsible for the enforcement of the provisions of this by-law;
"coop" means a fully enclosed weatherproof building where hens are kept and which the interior of includes nest boxes for egg laying, perches for the hens to sleep on and food and water containers;
"Council" means the Council of the Township of Front of Yonge;
"dwelling" means a self-contained residential unit;
"hen" means a domesticated female chicken that is at least four months old;
"hen run" means covered secure enclosure that allows hens access to outdoors;
"keep" means to have temporary or permanent custody or control of an animal, and "keeps" and "kept" have corresponding meanings;
"owner" includes any person who possesses, harbours or keeps a hen and, where an owner is a minor, includes the person who is responsible for the custody of the minor;
"property" means a parcel of land and any buildings or other structures on the land;
"residential property" means a property that is zoned general residential and rural in the zoning by-law that applies to the property;
"sonin aby. w" means a by law passed under secion 34 of the Planing Act that rastics the
## 2.0 APPLICATION
- 2.1 Except as otherwise provided, the regulations established by this by-law apply to all hens within the Village of Mallorytown, and to the owners of such;
## 3.0 ADMINISTRATION
- 3.1 The Clerk's Department is responsible for the administration and enforcement of this by-law.
## APPLICATIONS FOR HEN COOP PERMITS
- Every application for a hen coop permit or for the renewal of such a permit shall be submitted to the Clerk's Department in the form provided, together with the annual permit fee, set out in the General Rates & Fees By-law.
- 3.3 Every application for a permit will be reviewed by the Clerk's Department to determine whether it meets the requirements of this by-law.
- 3.4 If it is determined that an application meets the requirements of this by-law, the Clerk's Department will issue the permit once the permit has been paid.
- 3.5 If it is determined that an application does not meet the requirements of this by-law, the Clerk's Department will refuse to issue the permit.
- 3.6 If, at any time, the By-law Enforcement Officer determines, as a result of evidence that is provided, that the operation of a hen coop does not conform with the requirements of this by-law, the permit may be revoked or suspended.
## ADDITIONAL FEES
- 3.7 Fees shall increase as per Schedule "A" for a hen coop permit that has been . applied for after the 31st day of March each year. This shall not be deemed to apply to new coop permits.
## 4.0 REGULATIONS
- 4.1 (a) No person shall keep hens anywhere within the Village of Mallorytown unless he or she has first obtained a hen coop permit. A maximum of 6 hens will be permitted on any residential property. Roosters, guinea hens and other fowl are not permitted;
- (b) Every person who holds a hen coop permit shall allow, at any reasonable time, the Bylaw Enforcement Officer or other authorized employee or agent of the Township to inspect the property, other than any room or place used as a dwelling, to determine whether all requirements of this by-law are being complied with.
- (c) Backyard poultry is not permitted on properties located within WHPA-A and WHPA-B areas, as outlined on Schedule "C". Properties with existing source water protection plans pertaining to agricultural use at time of this by-law being adopted are exempt.
- (d) The minimum lot size requirement for the keeping of hens in the Village is 0.2 ha (0.5 acres).
- (e) Hen coops and hen runs shall be a distance of at least 3 m from the rear lot line and at least 3 m from any side lot line of the lot on which the hen coop is located.
- (f) Hen coops and hen runs shall be located at least 15 m from the lot line abutting a property containing a school or church.
- (g) Hen coops and hen runs shall be located at least 7.5 m from the lot line abutting a commercial business or commercial property.
- (h)Hen coops and stored manure shall be located a minimum of 15 m from any well and surface bodies of water.
- (i) Hen coops and runs are not permitted in any front or side yard.
- (i) The keeping of hens shall only be permitted in general residential and rural zones. Tenants must obtain permission from the property owner to keep hens on the owner's property.
- (k) The owner of the hens must reside on the property where the hens are kept.
- (I) 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.
- (m) Hens shall be kept in their coops between 9:00 p.m. and 6:00 a.m.
- (n) Hen coops and hen runs shall be maintained in a clean condition and the coop shall be kept free of obnoxious odours, substances and vermin.
- (o) Stored manure shall be kept in an enclosed structure such as a compost bin, and no more than three cubic feet shall be stored at any one time.
- (p) The regulations set out in sections 4.1 (a) to 4.1 (I), and 4.1 (q) do not apply to any existing agricultural use within the Village of Mallorytown.
- (9) Any person applying for a hen coop permit shall provide notification to the owners of all properties abutting the person's property of the applicant's intention to obtain a hen coop permit.
- (r) No owner shall cause or permit his or her hen to be at large.
## 5.0 OFFENCE AND PENALTY PROVISIONS
- 5.1 Every person who contravenes any provision of this by-law and any person who fails to comply with an order issued under this by-law is guilty of an offence and, upon conviction, is liable to a penalty as provided for in the Provincial Offences Act and to any other applicable penalties.
- 5.2 If this by-law is contravened and a conviction 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 penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted.
## 6.0 VALIDITY
- 6.1 If a court of competent jurisdiction declared any provision, or any part of a provision, of this bylaw to be invalid, or to be of no force and effect, it is the intention of Council in enacting this bylaw that each and every provision of this by-law authorized by law be applied and enforced in accordance with its terms to the extent possible according to law.
## 7.0 COMMENCEMENT
- 7.1 This bylaw comes into force on the day on which it received third reading and is passed.
READ a first and second time this 1S* day of February, 2021.
READ a third and final time this Ist day of Febmiary, 2021.
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Mayor, Roger Haley
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Clerk, Jennifer Ault
## HEN COOP PERMIT
| Fee prior to March 31s* of each year... .$25.00 |
|---------------------------------------------------|
| Fee after March 31s* of each year... .$50.00 |
## SCHEDULE "A" BY-LAW # 05-21 ANNUAL FEES
## SCHEDULE "B" BY-LAW #05-21 FINES
| Section 4.1 (a) |
|----------------------------|
| Unlicensed coop.. ..$75.00 |
| Section 4.1 (r) |
| Hens at large. $100.00 |
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## SOURCE WATER PROTECTION MAP
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## HEN COOP PERMIT APPLICATION
## Applicant Information:
Name:
Home Address:
City:
Province:
Postal Code:
Home Telephone Number:
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 is less than one storey high
- [ ] - yes- no
A site plan illustrating the location of the hen coop on the property, clearly marking proximity to property lines, any other structures on property is included
Neighbouring property owner notifications for all abutting properties are included detailing dates and how notification was made -yes
## Applicant Declaration:
(signature) of
in the Township of Front of Yonge do solemnly declare:
\_(address)
1. That I am the applicant for the grant of a permit authorizing me to keep backyard hens pursuant to By-law # within the Township of Front of Yonge now and hereafter in force. I undertake to conform to the terms, conditions and regulations set out in By-law # and understand that I must comply with all applicable regulations and requirements of: 1) every by-law of the Township of Front of Yonge; 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. I have served written notice to the abutting property owners) that I have made application for a hen coop and a hen run permit. These notices are attached to this application.
4. 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 in the Village of Mallorytown, this
(day/month/year)
Commissioner