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EST. 1872
BY-LAW NO. 2021-27
DATE: July 14, 2021
MOVED BY: Councillor Malott
SECONDED BY: Councillor Rvman
THAT By-law No. 2021-27
§ eing a by-law to allow and regulate the keeping of
backyard hens in the Residential (RR) Zone
be introduced and read a FIRST and SECOND time.
Carried
Signature
Defeated
Signature
MOVED BY: Councillor Rvman
SECONDED BY: Councillor Malott
THAT By-law No. 2021-27 be read a THIRD time, PASSED, SIGNED and
^
SEALED this /^ day of ^u ^
Carried
Defeated
L.
Signature
Signature
DIVISION LIST
First and Second Reading
Councillor Constable
Councillor Gregory
Councillor Malott
Councillor Ryman
Mayor Robinson
Third Reading
Councillor Constable
Councillor Gregory
Councillor Malott
Councillor Ryman
Mayor Robinson
FOR
AGAINST
THE CORPORATION OF THE MUNICIPAUTT OF
MCDOUGALL
By.Law2021.27
Being a by-law to allow and regulate the keeping of backyard
hens in the Residential (RR) Zone
WHEREAS Sections 9 and 10 of the Municipal Act, S.O. 2001,
c.25, as amended, confer the power to a municipality to pass by-
laws regulating orprohibiting animals;
AND WHEREAS Section 103 of the Municipal Act confers the power
upon a municipality to pass a by-law for the seizure and impounding
of animals being at large or trespassing and the sale of impounded
animals under certain circumstances;
AND WHEREAS Section 129 of the Municipal Act permits
municipalities to pass by-laws to prohibit noises likely to disturb
inhabitants within the municipality;
AND WHEREAS Section 391 of the Municipal Act enables a
municipality to enact by-laws imposing fees or charges on any class
of persons for services or activities provided or done by or done on
behalf of it;
AND WHEREAS Council is desirous to ensure that animals are kept
and treated in a humane manner and that the owners of animals
provide good quality care to them;
AND WHEREAS it is deemed expedient to enact a by-law to
regulate the keeping of backyard hens in the Municipality, that such a
by-law be passed.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF MCDOUGALL HEREBY ENACTS AS
FOLLOWS:
Definitions
1.
In this by-law:
'Backyard Hens" means the accessory keeping of hens for the
purpose of companionship as a pet or providing eggs for
personal consumption by occupants of a dwelling on the same
lot, and does not include accessory livestock, or agricultural
uses otherwise defined by the Municipality of McDougall
Comprehensive Zoning By-law.
"Being at large" means to be found in any place other than the
property of the owner of the hen and "be at large" has a
corresponding meaning.
Coop means a fully enclosed weatherproof and ventilated
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.
"Hen" means a domesticated female chicken, classified as
Gallus gallus domesticus, of the family Phasianidae of the Order
Galliformes.
Dwelling unit" means one room or a group of rooms, occupied
or capable of being occupied as the home or residence of one
or more persons, and containing only one kitchen or other
facility for the preparation of meals;
"Municipality" means The Corporation of the Municipality of
McDougall;
"Officer" means a Municipal Law Enforcement Officer, a
Provincial Offences Officer or any other officer deemed by
council to administer this by-law
"Outdoor enclosure" means a fenced or contained area intended
for permitting a hen or hens to be outdoors.
Owner" includes a person who possesses or harbours an
animal and "owns" has a corresponding meaning;
"Yard, rear" means the same as defined in the Municipality of
McDougall Comprehensive Zoning By-law, as amended.
"Yard, side" means the same as defined in the Municipality of
McDougall Comprehensive Zoning By-law, as amended.
General
2.
Notwithstanding the Municipality of McDougall Comprehensive Zoning
By-law as amended, no person shall keep backyard hens within the
Residential (RR) Zone except in accordance with the provisions set out
in this by-law.
3.
Every person who keeps backyard hens shall comply with the following
requirements. The maximum number of hens permitted on a lot is
subject to the following;
(1)
A lot smaller than 0. 18 hectares may not be permitted to keep
hens on a lot.
(2)
A maximum of six (6) hens is permitted on a lot 0. 18 hectares to
0. 4 hectares.
(3)
A maximum of ten (10) hens is permitted on a lot greater than
0.4 hectares.
4.
5.
6.
7.
No owner shall allow or permit their hen to be at large.
No person shall keep a rooster.
Every owner shall ensure all coops and outdoor enclosures are;
(1)
Located behind the dwelling or behind the rear wall of the
dwelling.
(2)
Setback a minimum of 5 metres from the rear, and side lot line of
the lot on which the coop or outdoor enclosure is located
A person who keeps one or more hen(s) shall:
(1)
keep each hen in the coop or outdoor enclosure at all times, and
prevent hens from being at large;
(2)
provide each hen with:
(a)
food,
(b)
water,
(c)
shelter,
(d)
light,
(e)
ventilation,
(3)
maintain each coop and outdoor enclosure in good repair and
sanitary condition, and free from vermin and obnoxious smells
and substances;
(4)
construct and maintain a coop to prevent any rodent from
harbouring underneath or within it or within its walls, and to
prevent entrance by any other animal;
(5)
keep hens in a coop that is locked from sunset to sunrise;
(6)
ensure prompt removal of leftover feed, trash, and manure;
(7)
store manure
(a)
within a fully enclosed structure, and
(b)
in quantities not exceeding one cubic metre at a time;
(8)
keep hens for personal use only, and not sell:
(a)
eggs,
(b)
manure, or
(c)
meat,
Powers of Officer
8.
Pursuant to section 436 of the Municipal Act, 2001, an officer may enter
onto and across any lands, at any reasonable time, to conduct an
Investigation or inspection to ensure the provisions of this by-law are
being complied with.
9.
No person shall interfere with or hinder or obstruct an officer or any
agent of the Corporation of the Municipality of McDougall in the
performance of any duty of such agent.
Severability
10.
If a court of competent Jurisdiction should declare any section or part of
any section of this by-law to be invalid, such section or part of a section
shall not be construed as having persuaded or influenced council to
pass the remainder of the by-law and it is hereby declared the
remainder of the by-law shall remain valid and in force.
Penalty
11.
12.
Every person who contravenes any provision of this bylaw is guilty of an
offence and upon conviction is liable to a fine as provided for by the
Provincial Offences Act, R. S. O. 1990, Chapter P. 33, as amended.
When a person has been convicted of an offence under this by-law:
(1)
the Ontario Court of Justice, or
(2)
any court of competent jurisdiction thereafter may, in addition to
any other penalty imposed on the person convicted, make an
order prohibiting the continuation or repetition of the offence by
the person convicted.
13.
This bylaw shall come into force and take effect on the date of its passing.
REAl?^ FIRST and SECOND TIME this l4^
Mayor
day of ^(A l^ , 2021.
^_
Clerk
^
READ a/THIRD TIME, PASSED, SIGNED and SEALED this 1^ day of
T~~~
Mayor
Cl^rk
M:
Schedule "A" to By-Law 2021.27
Backyard Hen License
Applicant Name:
Address:
Contact Number:
Property Owner Name:.
Lot Size:
(If different from Applicant)
# of Hens
OFFICE USE ONLY
Approved By:.
Date:
Application Complete:
a
a
Yes
No
Approved
a
a
Yes
No
Date Stamp:
A person may keep hens in their backyard within the Residential (RR) Zone in
accordance with the provisions set out in By-Law 2021-xx
A person who keeps one or more hens shall:
.
Not be permitted hens on a lot smaller than 0. 18 hectares;
.
Be permitted to keep a maximum of 6 hens on properties 0. 18 hectares to 0.4
hectares;
.
Be permitted to keep a maximum of 10 hens on properties greater than 0.4
hectares;
.
Not be permitted to keep roosters in the Residential (RR) Zone;
.
Keep each hen in an enclosed area at all times;
.
Ensure all coops and outdoor enclosures are located;
.
behind the dwelling or behind the rear wall of the dwelling;
.
Setback a minimum 5 metres from the rear, and side lot line;
.
Ensure hens are locked up at night;
.
Keep each coop and outdoor enclosure in good repair and sanitary condition,
and free from vermin and obnoxious smells and substances;
.
Ensure proper storage and removal of leftover feed, trash, and manure;
.
Keep hens for personal use only, and not for selling eggs, manure, or meat.
Please note: A building over 10 square metres (108 square feet) will require a
Building Permit, and all electrical works are required to be approved by the Electrical
Safety Authority.
I understand the above regulations and further requirements listed in By-Law 2021-27
and affirm that I am submitting this application in compliance with By-Law 2021-27. I
further understand that if the requirements of the bylaw are not complied with, the
municipality may revoke any approval and I may be subject to the set fines in
Schedule "B" of the by-law.
Applicant Signature
Date
MUNICIPALITY OF McDOUGALL
PART 1 Provincial Offences Act
By-Law 2021-27:
Backyard Chicken By-Law
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision Creating
or Defining Offence
COLUMN 3
Set Fine
1.
Keep more than the allowable
number of hens
$100
Permit hen to be at large
$100
Housing a rooster.
$100
Keep hen coop and enclosure
in an area other than what is
permitted
$100
Fail to remove leftover feed,
trash, and manure
7(6)
$100
6.
Fail to have hygienic storage of
manure
7(7)
$100
Note: The penalty provision for the offences indicated above is Section 11 of By-law No.
2021-27, a certified copy of which has been filed.