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THE CORPORATION OF THE TOWN OF GANANOQUE
BY-LAW NO. 2020-092
BEING A BY-LAW TO REGULATE AND GOVERN THE HOUSING OF
URBAN HENS IN THE TOWN OF GANANOQUE
AND WHEREAS Section 5 of the Municipal Act, 2001 , S.O. 2001, c. 25, the
powers of a municipal corporation are to be exercised by its Council;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, provided that the
powers of every Council are to be exercised by By-law.
AND WHEREAS the Council of the Corporation of the Town of Gananoque
considered Council Report CAO-2020-17 and concurs with the recommendation.
AND WHEREAS the Council of the Corporation of the Town of Gananoque
deems it advisable to pass such a By-law.
NOW THEREFORE the Council of the Corporation of the Town of Gananoque
enacts as follows:
1.
DEFINITIONS:
Wherever a word is used in this By-law with its first letter Capitalized and
bolded, the Term is being used as it is defined in this Section 1. Where any
word appears in ordinary case, its regularly applied meaning in the English
language is intended.
1.1.
At-Large - means in the case of Hens, being outside a Hen Coop or Run.
1.2.
By-law Enforcement Officer - means a person appointed by Council to
enforce and carry out the provisions of this By-law.
1.3.
Council - means the Council of the Corporation of the Town of
Gananoque.
1.4.
Development Permit By-law - means the Town's Development Permit
By-law No. 2010-065, as amended from time to time.
1.5.
Dwelling - means a self-contained residential unit.
1.6.
Hen - means a domesticated female chicken that is at least four (4) months
old.
1.7.
Hen Coop - means a fully enclosed, locking weatherproof and adequately
ventilated structure in which Hens are kept and which the interior includes
nest boxes for egg laying, perches for the Hens to sleep on and food and
water containers.
1.8.
Hen Run - means a covered secure enclosure that allows Hens' access to
an outdoor area.
1.9.
Manager of Planning and Development- means the Manager of
Planning and Development and his or her designate or, in the event of
organizational changes, another person designated by Council.
1.10.
Noise - means the persistent clucking, calling or other similar persistent
noise made by Hens.
1.11.
Owner - means a person or persons who possess, harbor or have custody
of a Hen, resides on the Property where a Hen is housed and where the
Owner is a minor, the person responsible for the custody of the minor.
Town of Gananoque By-law No. 2020-092
Page 1 of 4
1. -12.
Poultry -- includes game birds and roosters but does not include any bird
sold as a household pet or a Hen.
1.13.
Property - means a parcel of land and any buildings or other structures on
the land.
'1.14.
Residential Property - means a Property that is designated for residential
use in the Development Permit By-law that applies to the Property.
1.15.
Rural Designation Property - means a Property that is designated rural
for agricultural use.
1.16.
Town - means the Corporation of the Town of Gananoque.
1.17.
Urban Hen Permit - means a Permit issued by the Manager of the
Planning and Development pursuant to this By-law being the Urban Hen
By-law, which authorizes the owner to keep Hens on a specific Property
within the Town.
1.18.
Urban Hen Permit Fee-·- means any start up and/or annual fee that the
Town may impose as per the General Fees and Rates By-law.
1.19.
Veterinarian - means a person licensed under the Veterinarians Act.
2. PURPOSE
2. 1.
The purpose of the Urban Hen By-law is to regulate and control the keeping
of Hens on Residential Property in the Town of Gananoque.
3. GENERAL REGULATIONS:
3. ·1 .
No person shall keep Hens anywhere within the Town unless he or she has
first obtained an Urban Hen Permit.
3.2.
Every person who holds an Urban Hen Permit shall allow, at any
reasonable time, a By-law Enforcement Officer or other authorized
employee or agent of the Town 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.
3.3.
No Owner shall cause or permit his or her Hen to be At-Large.
3.4.
Hen Coops and Hen Runs shall be a distance of at least 1.2 m from the
rear lot line and at least 1.2 m from any side lot line of the Dwelling lot on
which the Hen Coop is located.
3.5.
Hen Coops and Hen Runs shall be located at least 15 m from any school.
3.6.
Hen Coops and Hen Runs shall be located at least 7.5 rn from any church
or business (including Home Occupation/Bed and Breakfasts and Heritage
Tourist Inns) unless agreed to by the church or business.
3.7.
Hen Coops and Hen Runs shall be a minimum distance of 3 m from all
windows and doors of Dwellings that are located on an abutting Property.
3.8.
Hen Coops and Hen Runs are not permitted in any front yard or exterior
side yard.
3.9.
A maximum of six (6) Hens will be permitted on any Residential Property.
3.10.
Hens must be for egg production and not intended to be eaten as Poultry.
Eggs must be for personal consumption only. The sale of eggs is
prohibited.
Town of Gananoque By-law No. 2020-092
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3.11.
The keeping of Hens shall only be permitted in residential designations as
defined in the Development Permit By-law. Tenants must obtain
permission from the Property Owner to keep Hens on the Owner's
Property.
3.12.
The Owner of the Hens must reside on the Property where the Hens are
kept.
3. 13.
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.
3.14.
Sale of manure and other products associated with the keeping of Hens are
prohibited.
3.15.
Hens shall be kept in their coops between 9:00 PM and 7:00 AM.
3.16.
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.
3.17.
Stored manure shall be kept in an enclosed structure such as a compost
bin, in accordance with compost regulations, and no more than three (3)
cubic feet shall be stored at any one time. Manure shall be disposed of
properly.
3.18.
No Owner shall cause or permit his or her Hen to become a public
nuisance by persistently clucking or continuous Noise.
3.19.
The regulations set out in Sections 3.1 to 3.18 do not apply to any Rural
Designated Property.
3.20.
Any person applying for an Urban Hen Permit shall provide notification to
the owners of all properties abutting the person's Property of the
applicant's intention to obtain an Urban Hen Permit. Neighbour notification
and signed Consent Form must be included with Application for a Permit.
3.21.
Participants must comply with all other applicable laws.
3.22.
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.
4. ENFORCEMENT AND PENAL TIES
4.1.
The Town is authorized to terminate any Permit at their own discretion who
in the opinion of the Manager of Planning and Development, has taken
any action or failed to take any action that has jeopardized public health and
safety, or welfare of a Hen, or caused a nuisance.
4.2.
All provisions of this By-law may be enforced by a By-law Enforcement
Officer, Police Officer, Animal Control Officer or any other employee or
agent authorized by the Town.
4.3.
A By-law Enforcement Officer, Police Officer, Animal Control Officer or
any other employee or agent authorized by the Town may, at all reasonable
times, enter on land including buildings and structures other than a
Dwelling unit, for carrying out an inspection to determine compliance with
this By-law.
Town of Gananoque By-law No. 2020-092
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4.4.
No person shall hinder or obstruct or attempt to hinder or obstruct, any
officer exercising a power or performing a duty under this By-law. Any
person who is alleged to have contravened any of the sections of this
By-law shall identify themselves to the Officer upon request; failure to do so
shall be deemed to have obstructed or hinder the Officer in the execution of
their duties.
4.5.
Every person who contravenes any section of the Terms and Conditions as
set out in this By-law is, upon conviction, guilty of an offence and shall be
liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990,
c.P. 33, as amended, and be subjected to any other penalties permitted by
law for each offence. Each day such violation continues, shall constitute a
separate offence and may be punishable as such.
4.6.
This By-law shall govern in the event of any conflict between this By-
law and any other Town By-law.
5.
SHORT-TITLE:
5.1.
This By-law may be referred to as the "Urban Hen By-law".
6.
EFFECTIVE DATE:
6.1.
This By-law shall come into fu ll force and effect on the date it is
passed by Council and shall remain in effect for eighteen (1 8) months
upon which time, if it is not renewed, shall expire.
Read a first, second and third time and finally passed this 11 th day of August 2020.
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(Seal)
Town of Gananoque By-law No. 2020-092
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