By-law 077-2014 to Regulate the Keeping of Backyard Poultry and Community Gardens
Meaford, Ontario
· adopted 2014-09-22
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The Corporation of the Municipality of Meaford
By-law Number 077-2014
Being a by-law to regulate the keeping of Backyard Poultry
and to regulate the establishment of Community Gardens
within the Municipality of Meaford
Whereas, section 5(3) of the Municipal Act, 2001, S. O. 2001, c.25, as
amended, (the "Municipal Act, 2001") provides that powers of every Council
are to be exercised by by-law unless specifically authorized to do otherwise;
and
Whereas, Section 8(3) of the Municipal Act, 2001 provides Municipalities
with broad authority to govern affairs as it considers appropriate and to
enhance the Municipality's ability to respond to municipal issues; and,
Whereas, Sections 11(1) and (2) of the Municipal Act, 2001, provides that a
lower-tier municipality may provide any service or thing that the Municipality
considers necessary or desirable for the public in respect to the economic,
social and environmental well-being of the municipality and the health,
safety and well-being of persons; and,
Whereas, Section 11(3) of the Municipal Act, 2001, provides that a lower
tier municipality may pass by-laws respecting matters within the following
spheres of jurisdiction: animals; and,
Whereas, the Council of the Corporation of the Municipality of Meaford
deems it expedient, necessary and in the public interest to regulate the
keeping of Backyard Poultry and the establishment of Community Gardens
for the purpose of public health and safety.
The Council of The Corporation of the Municipality of Meaford enacts
as follows:
1.0
Definitions
In this By-law:
"Backyard Poultry" means the accessory keeping of poultry for the
purposes of companionship as a pet or of providing food for the
personal consumption of occupants of a dwelling on the same lot, and
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does not include accessory livestock, or intensive agricultural uses
otherwise defined by the Municipality of Meaford's Zoning By-law;
"Community Garden" means any planter, bed (raised or otherwise)
or piece of land that is used to produce flowers, fruits and/or
vegetables as a community, neighbourhood or group initiative but shall
not include such use established on lands zoned for Agricultural Use by
the Municipality of Meaford's Zoning By-law;
"Community Garden, Collective" means those gardeners who
contribute to the productive operation of their respective community
garden, and includes the Community Garden Executive;
"Community Garden, Executive" means an organization, entity or
other group of two or more individuals who agree to represent or
administer the operations of a community garden project;
"Clerk" means the Clerk of The Corporation of the Municipality of
Meaford;
"Hen" means a domesticated female chicken that is at least four
months old;
"Permit" means a permit issued under this by-law;
"Municipality" means the Corporation of the Municipality of Meaford;
"Officer" means a Municipal Law Enforcement Officer, Police Officer,
Chief Fire Official or their designate; and
"Owner" means any person, firm or corporation having control over
any portion of the building or property under consideration and
includes the persons in the building or property.
2.0
General Prohibitions/Provisions- Backvard Poultry
2.1.
The. provisions of this section shall apply to the keeping of
Backyard Poultry within the boundaries of the Municipality of
Meaford.
2.2
Nothing in this section shall be interpreted as reducing or
eliminating the need for full compliance with the provisions of all
applicable Federal and Provincial Statutes and Regulations.
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2.3
No person shall keep Backyard Poultry unless that person first
registers with and receives a permit from the Municipality of
Meaford. An application for such permit must be signed by the
applicant and/or landowner and shall include the following
mandatory fields and declarations:
a) Date;
b) Name, Address, Postal Code & Telephone Number;
c) A declaration that the applicant has reviewed the following
documents:
i) The OMAFRA Factsheet entitled "Biosecurity
Recommendations for Small Flock Poultry Owners";
ii)The Resource Kit entitled "Keeping Your Birds Healthy"
distributed by the Ontario Ministry of Agriculture, Food
and Rural Affairs;
d)
A declaration that the applicant will provide for suitable
housing and shelter of poultry in their care and will maintain
such housing in a clean and wholesome state, having regard
for
Biosecurity Recommendations for
Small Flock
Poultry
Owners;
e) A declaration that the applicant will provide the Backyard
Poultry
with
appropriate
food,
water,
space,
and
environmental conditions conducive to good health and the
opportunity
to
socialize
and
engage
in
fundamental
behaviours such as scratching, roosting and dust bathing;
and,
f)
A declaration that the applicant has reviewed the relevant
sections of the Municipality of Meaford's Zoning By-law and
will abide by the permissions and provisions therein.
2.4
A person who keeps one or more hens as Backyard Poultry shall:
a) Provide each hen with at least 0.37 m2 of coop floor area, and
at least 0. 92m2 of covered outdoor enclosure;
b) Provide and maintain a floor of any combination of vegetated
or bare earth in each outdoor enclosure;
c) Provide and maintain, in each coop, at least one roost giving
15cm of space per hen and also one nest box per four hens;
d) Keep each hen in an enclosed area at all times;
e) Provide each hen with food, water, shelter, light, ventilation,
veterinary care, and opportunities for essential behaviors, all
sufficient to maintain the hen in good health;
f) Maintain each hen enclosure in good repair and sanitary
condition, and free from vermin and obnoxious smells and
substances;
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g) Construct and maintain each hen enclosure to prevent any
rodent from harbouring underneath or within its walls, and to
prevent entrance by any other animal;
h) Keep a food container and water in each coop;
i) Keep each coop locked from sunset to sunrise;
j) Remove leftover feed, trash, and manure in a timely manner;
k) Store manure within an enclosed structure, and store no more
than three cubic feet of manure at a time;
I) Remove all other manure not used for composting or
fertilizing;
m) Follow biosecurity procedures recommended by the Canadian
Food Inspection Agency;
n) Keep hens for personal use only;
o) Not slaughter, or attempt to euthanize, a hen on the property;
and,
p) Not dispose of a hen except by delivering it to a farm,
abattoir, veterinarian, mobile slaughter unit, or other facility
that has the ability to dispose of hens lawfully.
2.5
A person who keeps Backyard Poultry other than hens, where
permitted by amendment to the Municipality of Meaford's Zoning
By-law, shall:
a) Abide by items d) through p) of Section 2.4 of this by-law
such items modified by replacing 'hen' with the species of the
other poultry proposed;
b) Provide for suitable housing and shelter, tailored to the needs
of the species of poultry in their care.
3.0
General Prohibitions/Provisions - Communitv Gardens
3.1
The provisions of this section apply to the establishment of a
Community Garden within the boundaries of the Municipality but
shall not apply where said Community Garden is overseen or
administered by the Municipality of Meaford, nor where such
Community Garden is affiliated with and will be carried out on
the same lands as an Institutional use permitted by the
Municipality of Meaford's Zoning By-law;
3.2
No person shall establish or operate a Community Garden within
the Municipality of Meaford unless the Garden Executive first
registers with and receives a permit from the Municipality of
Meaford. An application for such permit must be signed by the
Garden Executive and shall include the following mandatory
fields and declarations:
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a) Date;
b) Name, Address, Postal Code & Telephone Number of each
member of the Garden Executive
c) Location of the Garden
d) A declaration that the members of the Community Garden
Executive will:
i) Provide proof of a liability insurance policy in the
amount of two million dollars for the Community
Garden, which shall include the Municipality as an
additional insurance where such Garden is to be located
on Municipal lands;
ii) Ensure that all participants in the Community Garden,
who will be members of the Community Garden
Collective, sign an agreement indicating their
understanding of the scope of their responsibilities and
their obligations as gardeners in the Community
Garden;
iii) Ensure that the Community Garden site is maintained
to a high level of cleanliness, order and tidiness,
ensuring that litter is removed from the site and tools,
equipment or other items are not left unattended;
iv) Tidy the Garden site at the end of each growing season,
including plots and surrounding area;
v) Ensure that the Community Garden site is returned to a
level and tidy condition with all related structures
removed upon termination of the Community Garden
activities at that location;
vi) Ensure that all members of the Collective are aware of
the obligations set forth in this declaration.
e) A declaration that the Community Garden Executive have
reviewed the relevant sections of the Municipality of
Meaford's Zoning By-law and will abide by the permissions
and provisions therein.
3.3
An application for Community Garden shall also include the
written consent of the owner or occupant of the Community
Garden site and where proposed on Municipally owned lands,
should be accompanied by any separate lease/use agreement
deemed necessary by the Municipality in order to address
additional matters such as insurance, public access and
conditions for termination of said agreement.
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8.0
Right of Entry
8.1
For the purposes of ensuring compliance with this by-law, an
Officer may at any time, enter any land and/or building
associated with a Community Garden.
8.2
Every owner shall permit the .Officer to inspect any land and/or
building for the purpose of determining compliance with this by
law.
8.3
Notwithstanding any provision of this by-law, an Officer shall not
enter any room or place actually being used as a dwelling,
unless:
a)
the consent of the occupier is obtained, the occupier first
having been informed that the right of entry may be
refused and, if refused, may only be made under the
authority of a warrant issued under the Provincial Offences
Act, R.S.0.1990, as amended; or
b)
a warrant issued under the Provincial Offences Act,
R.S.0.1990, as amended, is obtained.
9.0
Refusal, Revocation, Suspension
9.1
Any person who has been issued a permit under this by-law,
shall at all times comply with the by-laws of the Municipality and
any contravention of any by-law or any other Provincial or
Federal law may be grounds for the refusal, suspension or
revocation of the permit.
9.2
Any person who has been issued a permit under this by-law,
shall at all times comply with the declarations made within an
application for permit under this by-law. Non-compliance may be
grounds for the refusal, suspension or revocation of the permit.
9.3
A permit that has been suspended or revoked, as issued under
this by-law, shall be returned to the Clerk and the Municipality
will provide written notice addressed to the application/permit
holder's last known address giving the reasons for the refusal,
suspension or revocation of the permit.
10.0 Offences, Punishment and Procedure
10.1 Any person who contravenes any of the provisions of this by-law
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is guilty of an offence and upon conviction is liable to a fine as
provided for in the Provincial Offences Act R.S.O. 1990, Chapter
P33, as amended.
10.2 Notwithstanding Section 10.1 of this by-law, every person who
contravenes any provision of this by-law, and every director or
officer of a corporation who concurs in such contravention by the
corporation, is guilty of an offence and on conviction is· liable to a
fine not exceeding $25, 000, exclusive of costs.
10.3 A corporation that contravenes any provision of this by-law is
guilty of an offence and, upon conviction, is liable to a fine not
exceeding $50, 000.
10.4 The court in which a conviction has been entered, and any court
of competent jurisdiction thereafter, may make an order
prohibiting the continuation or repetition of the offence by the
person convicted, and such order shall be in addition to any
other remedy and to any penalty imposed on the person
convicted.
10.5 If any part of a fine for a contravention of this by-law remains
unpaid after the fine becomes due and payable under Section 66
of the Provincial Offences Act, R. S.O. 1990, c. P.33, as
amended, including any extension of time for payment ordered
under that section, the Treasurer for the Municipality, or agent,
may give the person against whom the fine was imposed a
written notice specifying the amount of the fine payable and the
final date on which it is payable, which shall be not less than
twenty-one (21) days after the date of the notice, by delivering
the notice or causing it to be delivered to that person at the
person's residence or place of business.
10.6 If the fine referred to in Section 10.5 of this by-law remains
unpaid after the final date specified in the notice, the fine shall
be deemed to have priority lien status for the purposes of
Sections 1(2.1) and (3) of the Municipal Act, 2001, S.O. 2001, c.
25, as amended.
11.0 Validity and Severability
11.1 Should any section, subsection, clause, paragraph or provision of
this by-law be declared by a Court of competent jurisdiction to
be invalid, the same shall not affect the validity of this by-law as
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a whole or any part thereof, other than the part so declared to
be invalid.
12.0 Short title and Administration
12.1 The short title of this By-law is the Community and Urban
Agriculture By-law.
12.2 This By-law shall be administered by the Clerk.
12.3 The lands known as the 4th Canadian Division Training Centre
Meaford commonly known as "Camp Meaford" or "LFCTC
Meaford" and the activities carried on at the premises of LFCTC
Meaford are exempt from the provisions of this by-law.
13.0 Repeal
13.1 This by-law repeals all by-laws and/or resolutions that are
inconsistent with the provisions of this by-law and the same are
hereby repealed or rescinded insofar as it is necessary to give
effect to the provisions of this by-law.
14.0 Effective Date
14. 1 This By-law shall come into force and take effect immediately
upon the final passing thereof.
Read a first, second and third time and finally passed this 22nd day
of September, 20 14.
FrMavor
lay, Clerk
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