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Backyard Hens By-law 2026-10
1
THE CORPORATION OF THE
MUNICIPALITY OF KILLARNEY
BY-LAW NO. 2026-10
BEING A BY-LAW TO REGULATE, CONTROL AND ALLOW
FOR THE KEEPING OF BACKYARD HENS IN THE
MUNICIPALITY OF KILLARNEY
WHEREAS sections 8, 9 and 10 of the Municipal Act, 2001, as amended, authorize a
municipality to pass by-laws necessary or desirable for municipal purposes, and in particular
paragraphs 5, 8 and 9 of subsection 10(2) authorize by-laws respecting: the economic, social and
environmental well-being of the municipality; the protection of persons and property; and
animals;
AND WHEREAS section 103 of the Municipal Act, 2001, as amended, provides that where a
municipality has passed a by-law to regulate or prohibit with respect to the being at large or
trespassing of animals, the municipality may provide for the seizure, impounding and sale of
seized and impounded animals;
AND WHEREAS Section 128 of the Municipal Act, 2001, S.O. c.25, as amended provides that
a municipality is authorized to pass a by-law to prohibit and regulate public nuisances;
AND WHEREAS Section 129 of the Municipal Act, 2001, S.O. c.25, as amended provides that
a municipality is authorized to pass a by-law to prohibit and regulate noise, vibration, odour,
dust and outdoor illumination;
AND WHEREAS section 391 of the Municipal Act, 2001, as amended, provides that a
municipality may pass bylaws imposing fees or charges for services or activities provided or done
by or on behalf of the municipality;
AND WHEREAS section 425 of the Municipal Act, 2001, as amended, provides that a
municipality may pass by-laws providing that a person who contravenes a by-law of the
municipality passed under the Municipal Act, 2001 is guilty of an offence;
AND WHEREAS Section 429 of the Municipal Act 2001, S.O., as amended provides that a
municipality may designate an offence as a continuing offence and provide for a minimum and
maximum fine for each day or part of a day that the offence continues;
AND WHEREAS it is considered desirable to pass a by-law relating to the keeping of Backyard
Hens within the Municipality of Killarney.
NOW THEREFORE the Council of the Municipality of Killarney enacts as follows:
1.
SHORT TITLE:
1.1.
The short title of this By-Law shall be the "Backyard Hen By-Law".
2.
DEFINITIONS
2.1
"Approved Manure Container" a sealable container used for the temporary storage of
manure that can be conveniently accessed for the removal of manure from the property
that does not exceed 0.5 m on its longest dimension and does not exceed 1 m in height
(example: a 45 Gallon drum). This container shall be setback an appropriate distance
from any property line, well cap or the shoreline of a body of water so as not to create a
nuisance. The container shall be non-permeable, fully contained, waterproof and weather
proof.
2.2
"At Large" means any hen outside of a hen coop or run.
Backyard Hens By-law 2026-10
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2.3
"Advertise" means to have a sign, billboard, poster or other such thing posted in a visible
location on or in relation to a property or posted online by a resident of the property,
expressing the sale of a product or service.
2.4
"Control" includes care and custody.
2.5
"Compost heap" means an area of a property designed for the breakdown of manure and
other organic waste constructed in accordance with the health regulations and Property
Standards Regulations. This compost heap shall be setback an appropriate distance from
any property line, well cap or the shoreline of a body of water so as not to create a
nuisance.
2.6
"Council" means the appointed Council for the Municipality of Killarney.
2.7
"Dwelling Unit" means one or more rooms connected together as a self-contained,
separate unit in the same building comprising all or part of the building and constituting
an independent housekeeping unit for residential occupancy by persons with facilities for
persons to sleep, cook, and eat and including its own sanitary facilities.
2.8
"Hen" means a domesticated female chicken (Gallus gallus domesticus) that is at least four
(4) months old and is kept for the purpose of egg laying. For the purposes of this by-law
and the Noise By-Law as amended, and Responsible Animal Ownership By-law as
amended and Municipal Zoning By-law as amended, a hen shall not be considered
livestock.
2.9
"Hen Coop" means a structure which is completely enclosed and constructed in
accordance with this By-Law, is built with sufficient materials and maintained in good
repair so as to prevent any hens being kept from leaving the hen coop and is constructed
to allow access to an enclosed area outdoors that is attached to the hen coop and deemed
to be part of it.
2.10
"Keep" means to have temporary or permanent control or possession of a hen and the
words "kept", or "keeping" have a similar meaning.
2.11
"Municipal Law Enforcement Officer (MLEO)" means any person appointed by the
Corporation of The Municipality of Killarney to enforce the provisions of this By-Law.
2.12
"Municipality" means the Corporation of the Municipality of Killarney.
2.13
"Person" means any individual or corporation that possesses or keeps a hen or any
individual or corporation that owns any property where a hen resides and permits or
allows hens or poultry to reside on that property.
2.14
"Poultry" means any single bird or flock of any domesticated avian species that is kept
by a person for any purpose and shall not include any hen as defined.
2.15
"Premises" means the entire lot on which a single dwelling unit building, or a multi-
dwelling unit building is situated and includes a vacant lot.
2.16
"Rear Yard" mean a yard extending across the full width of a lot between the rear lot
line and the nearest wall of any principal building or structure on the lot. For irregular
shaped lots, refer to the Municipal Zoning By-law as amended to determine the rear yard.
For Waterfront Residential properties, or on any property that fronts on a navigable
waterway with another zoning the rear yard is the full width of the lot between the rear
lot line and the nearest wall of any principal building or structure on the lot.
2.17
"Rooster" means a male chicken (gallus gallus domesticus).
2.18
"Rural Property" means any property zoned 'Rural' under the Municipal Zoning
By-Law as amended.
2.19
"Waterfront Property" means any property zoned as 'Waterfront Residential" under the
Zoning By-Law as amended.
Backyard Hens By-law 2026-10
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2.20
"Town Limits" means the areas defined within Schedule 'B' of this By-Law and shall
include any property with frontage on a road indicated in Schedule 'B'.
3.
GENERAL PROVISIONS
3.1.
This By-law shall apply to all parcels of land within the geographic limits of the
Municipality of Killarney zoned Residential One (R1), Residential Two (R2), Waterfront
Residential (WR), and Rural Residential (RR) in the Municipality's Zoning By-law as
amended.
3.2.
No provision of this By-Law shall be used to limit or regulate any property zoned Rural in
the Municipal Zoning By-law as amended as it relates to the keeping of hens or poultry.
3.3.
No Person shall keep or permit the keeping of any hens on a rental property without
written permission from the property owner.
3.4.
No person shall fail to remove hens from a rental property if such permission described in
Section 3.3 is removed by the property owner.
3.5.
No Person shall keep or permit the keeping of more than six (6) hens on a property
located within the town limits as described in Schedule B of this By-law.
3.6.
No Person shall keep or permit the keeping of more than six (6) hens on a property that is
zoned "Waterfront Residential" (WR) in the Municipality's Zoning By-law as amended.
3.7.
No Person shall keep or permit the keeping of more than twelve (12) hens on any
property outside of the town limits as described in Schedule B.
3.8.
Regardless of Section 3.7, no Person shall keep or permit the keeping of more than
twenty-four (24) hens outside of the town limits as described in Schedule B on properties
that are equal to or larger than 5 acres in size.
3.9.
No Person shall keep or permit the keeping of a rooster.
3.10. No Person shall allow or permit a hen to run at large.
3.11. No Person shall fail to remove or allow the failure of the removal of manure from an
approved manure container or compost heap if negative conditions arise from the storage
of manure including excessive odour.
3.12. No Person shall sell or permit the sale of any eggs, manure, meat or other products
derived from hens.
3.13. No Person shall advertise or permit the advertising of the sale of eggs, manure, meat or
other products derived from hens.
3.14. No person shall keep or permit the keeping of hens on any part of a property other than a
rear yard or as per Section 3.15 in the case of a Waterfront Residential zoned property .
3.15. Despite Section 3.14, on properties zoned Waterfront Residential, hens shall be allowed
in the rear yard and the front yard (water side) but shall not be permitted or allowed to be
kept less than thirty meters (30 m) from the high-water mark.
4.
PROVISIONS OF CARE AND WASTE DISPOSAL
4.1.
Every person who keeps a hen within the Municipality shall ensure that such hen is
provided with:
a. clean and sanitary environment free from accumulation of fecal matter;
b. adequate and appropriate care, food, water, shelter and opportunity for physical
activity;
c. an adequate number of nest boxes and perching structures for the number of hens;
d. necessary care when the animal exhibits signs of pain, illness or suffering;
e. access to the outdoors by means of a fully enclosed run; and
f. provide appropriate ambient temperature.
Backyard Hens By-law 2026-10
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4.2.
Every Person shall keep hens in a hen coop and shall ensure that such a hen coop is of
adequate size and build for the number of hens being kept.
4.3.
Every Person shall ensure that any feed kept for such hens is stored in a container, secure
from mice, rats, and other vermin.
4.4.
Every Person shall ensure that all manure created in the keeping of hens is stored in an
approved manure container or disposed of appropriately.
4.5
No Person shall allow or permit any hen coop to cause any unpleasant odour.
4.6
Every Person shall remove and dispose of any manure or manure kept in an approved
manure container or compost heap that is causing, an unpleasant odour.
4.7
No Person shall place out for curbside collection any manure generated in the keeping of
hens.
4.8
No Person shall dispose of any manure generated in the keeping of hens at a Waste
Transfer Site.
5.
HEN COOPS
5.1.
No Person shall build, or permit the use of, a hen coop that is within five metres (5m) and
down gradient of any well or well cap, including the wells or well caps of neighbouring
properties.
5.2.
No Person shall build, or permit the use of, a hen coop that is within thirty metres (30 m)
of the shoreline of any body of water
5.3.
No Person shall build, or permit the use of, a hen coop that is within five meters (5 m) of
any rear or side property line or within ten metres (10 m) of any dwelling unit on any
neighbouring property, whichever is more restrictive.
5.4.
Every Person shall ensure that all infrastructure built or maintained for the keeping of
backyard hens shall meet all Provincial Minimum Distance Setback (MDS) requirements.
5.5.
Every hen coop shall:
a. not exceed 5 meters in height as measured in the Municipality's Zoning By-law;
b. provide at least 0.37 square meters of floor area for every hen;
c. be enclosed on all sides and have a roof and door;
d. provide a perch for each hen;
e. provide a nest box for each hen;
f. be maintained in good repair and in a clean, dry, odour free, and sanitary
condition, free from vermin;
g. be constructed and maintained to prevent any wildlife from harbouring
underneath or within it or within its walls, and to prevent entrance by any
other animal; and
h. provide a fully enclosed outdoor run area.
5.6
Any structure larger than 10 sq m may a require a building permit.
6.
ENFORCEMENT
6.1.
Every person who contravenes any provision of this By-Law is guilty of an offence and
upon conviction shall be liable to a fine prescribed and recoverable under the provisions
of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, for each offence
committed.
6.2.
Upon registering a conviction for a contravention of any provision of this By-Law, the
Provincial Offences Court may, in addition to any other remedy and to any penalty
imposed by this By-Law, make an order prohibiting the continuation or repetition of the
offence by the person convicted.
Backyard Hens By-law 2026-10
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6.3.
Each person who contravenes any provision of this By-law shall, upon issuance of a
penalty notice in accordance with Administrative Monetary Penalty System By-law as
amended, be liable to pay to the Municipality an administrative monetary penalty.
6.4.
The Administrative Monetary Penalty System By-law as amended applies to each
administrative penalty issued pursuant to this Bylaw.
6.5.
Each person who contravenes any provision of this By-law shall, upon issuance of a
penalty notice in accordance with Administrative Monetary Penalty System By-law as
amended, be liable to pay to the Municipality an administrative monetary penalty.
6.6.
Every instance of offence committed under this By-law shall constitute a separate offence.
Each day that a contravention of this By-law continues constitutes a separate and distinct
offence.
6.7.
No person shall hinder or obstruct, nor attempt to hinder or obstruct, either directly or
indirectly, an Officer, an employee and/or agent of the Municipality in the lawful
exercise of a power or duty under this By-Law.
7.
SEVERABILITY
7.1.
Should a court of competent jurisdiction declare a part or whole of any provision of this
By-Law to be invalid or of no force and effect, the provision or part is deemed severable
from this By-Law, and it is the intention of Council that the remainder survive and be
applied and enforced in accordance with its terms to the extent possible under law.
8.
SCHEDULES
8.1.
Schedules "A" and "B" shall be deemed to form part of this by-law.
9.
AUTHORITY
9.1.
This By-Law shall come into force and take effect on the day it is passed.
READ A FIRST, AND TAKEN AS READ A SECOND AND THIRD TIME AND FINALLY
PASSED IN OPEN COUNCIL THIS 11TH DAY OF MARCH, 2026.
ORIGINAL DOCUMENT SIGNED
____________________________________
Michael Reider, Mayor
ORIGINAL DOCUMENT SIGNED
____________________________________
Candy Beauvais, Clerk-Treasurer
By signing this By-law on March 11th , 2026, Mayor Michael Reider will not
exercise Strong Mayor Powers to veto this By-law.
Backyard Hens By-law 2026-10
6
SCHEDULE "A"
BACKYARD HENS BY-LAW NO. 2026-10
MUNICIPALITY OF KILLARNEY
PART 1 - PROVINCIAL OFFENCE ACT FINES
ITEM
Column 1
SHORT FORM WORDING
Column 2
PROVISION
CREATING
OR DEFINING
THE OFFENCE
Column 3
SET
FINES
1
Keep a hen on a rental property without written
permission
Section 3.3
$100.00
2
Permit the keeping of a hen on a rental property
without written permission
Section 3.3
$100.00
3
Fail to remove hens.
Section 3.4
$150.00
4
Keep more than 6 hens on a property located within
town limits
Section 3.5
$100.00
5
Permit the keeping of more than 6 hens within town
limits
Section 3.5
$100.00
6
Keep more than 6 hens on WR property
Section 3.6
$100.00
7
Permit more than 6 hens on WR property
Section 3.6
$100.00
8
Keep more than 12 hens on property outside town
limits
Section 3.7
$100.00
9
Permit more than 12 hens on property outside town
limits
Section 3.7
$100.00
10
Keep more than 24 hens on property outside town
limits on ≥ 5 acres.
Section 3.8
$100.00
11
Permit more than 24 hens on property outside town
limits on ≥ 5 acres.
Section 3.8
$100.00
12
Keep a rooster.
Section 3.9
$250.00
13
Permit the keeping of a rooster
Section 3.9
$250.00
14
Allow a hen to run at large
Section 3.10
$100.00
15
Permit a hen to run at large
Section 3.10
$100.00
16
Fail to remove manure
Section 3.11
$150.00
17
Permit the failure of manure removal
Section 3.11
$150.00
18
Permit the sale of eggs, manure, meat or other
products.
Section 3.12
$200.00
19
Sell eggs, manure, meat or other products
Section 3.12
$200.00
20
Advertising the sale of, eggs, manure, meat or other
products
Section 3.13
$200.00
21
Permit advertising for the sale of eggs, manure,
meat or other products
Section 3.13
$200.00
22
Keep a hen in any non permitted yard
Section 3.14
$100.00
23
Permit the keeping of a hen in any non permitted
yard
Section 3.14
$100.00
24
Keep a hen within 30 m of a high water mark
Section 3.15
$100.00
25
Permit the keeping of a hen within 30 m of a high
water mark
Section 3.15
$100.00
26
Hinder or obstruct an officer
Section 6.7
$500.00
NOTE: Penalty Provisions for the offences indicated above is Section 6 of the By-law 2026-10, a
certified copy of which has been filed.
Backyard Hens By-law 2026-10
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SCHEDULE "B"
BACKYARD HENS BY-LAW NO. 2026-10
MUNICIPALITY OF KILLARNY
"TOWN LIMITS"
Town Limits shall include any property with frontage on the following roads:
Channel Street
Commissioner Street
St. Paul Street
Ontario Street
Tilley Street
Noble Street
Charles Street
Stanley Street
Bay Street
Perry Avenue (below)