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ORILLIA
287.1
APRIL 2023
ANIMALS
CHAPTER 287
HEN COOP LICENSING
CHAPTER INDEX
Article 1
TITLE AND SCOPE
287.1.1
Title and scope
Article 2
DEFINITIONS
287.2.1
Animal Control Officer - defined
287.2.2
Being at large - defined
287.2.3
Capitalized terms - meaning as in Zoning By-law
287.2.4
City - defined
287.2.5
Council - defined
287.2.6
Hen - defined
287.2.7
Hen Coop - defined
287.2.8
Licence - defined
287.2.9
Lot - defined
287.2.10
M - defined
287.2.11
Manager of Legislative Services - defined
287.2.12
Minor - defined
287.2.13
Officer - defined
287.2.14
Outdoor Run - defined
287.2.15
Owner of hens - defined
287.2.16
Owner of the lot - defined
287.2.17
Rooster - defined
287.2.18
Sewage works - defined
287.2.19
Tribunal - definition
287.2.20
Zoning By-law - defined
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Article 3
GENERAL PROVISIONS
287.3.1
Application - in writing
287.3.2
Incomplete application
287.3.3
Refusal to issue licence
287.3.4
Suspension or revocation - general
287.3.5
Written notice - refusal, suspension or revocation
287.3.6
Written notice - refusal, suspension or revocation - requirements
287.3.7
Right to appeal
287.3.8
Incomplete application - no right to appeal
287.3.9
Content of notice of appeal
287.3.10
Written request - hearing scheduled
287.3.11
Appeal does not suspend decision
287.3.12
Deadline to appeal final
287.3.13
Licensing Appeal Tribunal Chapter applies
287.3.14
Fulfill outstanding requirements
287.3.15
Delivery of notice
287.3.16
Notice - last known business or residential address
287.3.17
Transfer - licence
287.3.18
Change information - notification
287.3.19
Licence - subject to conditions
287.3.20
Conditional licences
Article 4
LICENSING
287.4.1
Requirement for licence
287.4.2
Application requirements
287.4.3
One licence - per lot
287.4.4
Licence - expiry
Article 5
REGULATIONS
287.5.1
Hen coops - outdoor runs - regulations
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287.5.1.1
Owner of hens - reside on lot
287.5.1.2
Number of hens permitted
287.5.1.3
Hens under four months old - prohibited
287.5.1.4
Lot size - minimum
287.5.1.5
Location of hen coops and outdoor runs
287.5.1.6
Maximum - one hen coop and one outdoor run
287.5.1.7
Size of hen coop
287.5.1.8
Size of outdoor run
287.5.1.9
Hen coop - general requirements
287.5.1.10
Protection against predators
287.5.1.11
Cleanliness - sanitary
287.5.1.12
Manure - droppings - cleaned out daily - storage
287.5.1.13
Hens to be enclosed at all times
287.5.1.14
Hens to be enclosed in coop at night
287.5.1.15
Food supply - storage
287.5.1.16
Slaughter - disposal of carcasses
287.5.1.17
Selling - eggs - manure - meat - other products - prohibited
287.5.1.18
Change to wiring - device
287.5.2
Roosters - prohibited
Article 6
ANIMAL CONTROL SHELTER
287.6.1
Impounding - release fees - claim procedure
287.6.2
Owner liable - all fees - hen not claimed
287.6.3
Hen not claimed - within five days - sale
287.6.4
Hen not claimed - within five days - disposal
287.6.5
Hen not claimed - within five days - destroyed for humane or safety
reasons
Article 7
EXEMPTIONS
287.7.1
Hen exemption - O.S.P.C.A.
287.7.2
Hen exemption - veterinary hospital
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287.7.3
Hen exemption - City sanctioned event
Article 8
ENFORCEMENT
287.8.1
Enforcement
287.8.2
Entry and inspection
287.8.3
Notice to Comply
287.8.4
Service of Notice to Comply - personally or regular post
287.8.5
Failure to Comply with Notice to Comply
287.8.6
Hinder or obstruct
287.8.7
Penalties
287.8.8
Rebuttable presumption - identification
287.8.9
Conflict - most restrictive prevails
287.8.10
Validity and severability
__________
Article 1
TITLE AND SCOPE
287.1.1
Title and scope
This Chapter shall be known and cited as the "Hen Coop Licensing Chapter" and
shall apply to the whole geographic limits of the City of Orillia. In the text of this
Chapter, it is referred to as "this Chapter".
Article 2
DEFINITIONS
287.2.1
Animal Control Officer - defined
"Animal Control Officer" means an Animal Control Officer employed by the
Ontario Society for the Prevention of Cruelty to Animals (O.S.P.C.A.).
287.2.2
Being at large - defined
"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.
287.2.3
Capitalized terms - meaning as in Zoning By-law
Unless otherwise defined herein, all capitalized terms in this Chapter shall have
the meaning as defined in the City of Orillia Zoning By-law 2014-44, as amended,
or successor legislation.
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287.2.4
City - defined
"City" means the Corporation of the City of Orillia.
287.2.5
Council - defined
"Council" means the Council of the Corporation of the City of Orillia.
287.2.6
Hen - defined
"hen" means a female chicken.
287.2.7
Hen coop - defined
"hen coop" means a Structure and/or enclosure used to house a hen or hens.
287.2.8
Licence - defined
"licence" shall mean a licence granted by the Manager of Legislative Services
under the provisions of this Chapter.
287.2.9
Lot - defined
"lot" means a parcel or tract of land, the title of which is legally conveyable as a
separate parcel.
287.2.10
M - defined
"m" is an abbreviation and shall mean metre(s).
287.2.11
Manager of Legislative Services - defined
"Manager of Legislative Services" shall mean the City's Manager of Legislative
Services, or designate.
287.2.12
Minor - defined
"minor" means a person under the age of 18.
287.2.13
Officer - defined
"Officer" means a Municipal By-law Enforcement Officer, Police Officer, or Animal
Control Officer.
287.2.14
Outdoor Run - defined
"Outdoor run" means an area enclosed by wire screen intended for permitting a
hen or hens to be outdoors.
287.2.15
Owner of hens - defined
"owner of hens" includes any person who possesses, harbours or keeps a hen or
hens and, where an owner is a minor, includes the person who is responsible for
the custody of the minor.
287.2.16
Owner of the lot - defined
"owner of the lot" means the registered owner of the lot at which a hen and/or
hen coop is located.
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287.2.17
Rooster - defined
"rooster" means a male chicken.
287.2.18
Sewage works - defined
"sewage works" means any works for the collection, transmission, treatment or
disposal of sewage, or any part of such works.
287.2.19
Tribunal - definition
"Tribunal" means the City of Orillia Licensing Appeal Tribunal.
287.2.20
Zoning By-law - defined
"Zoning By-law" means a by-law passed under Section 34 of the Planning Act that
restricts the use of land.
Article 3
GENERAL PROVISIONS
287.3.1
Application - in writing
Every application for a licence shall be made in writing on a form provided by the
City and the required fee shall be deposited with the City at the time of
application.
287.3.2
Incomplete application
Where an applicant has failed to provide any fee or document required under this
Chapter for the issuance or renewal of a licence, the application shall be
considered incomplete. If the application remains incomplete after thirty (30) days
from the date the application was submitted, the Manager of Legislative Services
may issue a Notice of Incomplete Application and close the file.
287.3.3
Refusal to issue licence
The Manager of Legislative Services shall refuse to grant a licence under this
Chapter to any person if:
(a)
any application or other document provided to the City by or on
behalf of the applicant contains a false statement or provides false
information;
(b)
the applicant has failed to comply with the requirements of this
Chapter or other applicable By-laws of the City or of any Local
Board thereof, or of any Statute, Order-in-Council, or Regulation of
the Provincial Legislature or the Parliament of Canada, or of any
Agency, Board of Commission thereof, in, upon or in connection
with the applied for licensed activity, or premise, facilities,
equipment, and other property used in connection with the licensed
activity, including but not limited to:
(i)
Health Protection and Promotion Act
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(ii)
Food Safety and Quality Act
(iii)
Ontario Society for the Prevention of Cruelty to
Animals Act,
(iv)
Fire Protection and Prevention Act; and
(v)
Electricity Act.
(c)
the Manager of Legislative Services determines that the issuing of
the licence would be contrary to the public interest in respect of the
health and safety of any person or animal;
(d)
the applicant has any outstanding fine imposed under the Provincial
Offences Act, as amended, or successor legislation, for the
contravention of any provision of this Chapter or any other
municipal By-law or Provincial Statute where such fine is associated
with an offence arising out of the conduct, operation or activity
within or in conjunction with such licensed activity.
287.3.4
Suspension or revocation - general
The Manager of Legislative Services may suspend or revoke a licence for any
one or more of the grounds listed in Section 287.3.3.
287.3.5
Written notice - refusal, suspension or revocation
After a decision is made by the Manager of Legislative Services to refuse,
suspend or revoke a licence, written notice of that decision shall be given
forthwith to the applicant or licensee.
287.3.6
Written
notice
-
refusal,
suspension
or
revocation
-
requirements
The written notice to be given under Section 287.3.5 shall:
(a)
set out the grounds for the decision;
(b)
give reasonable particulars of the grounds for the decision;
(c)
be signed by the Manager of Legislative Services; and
(d)
state that the applicant or licensee is entitled to a hearing by the
Tribunal if the applicant or licensee delivers to the CAO/City
Clerk within fifteen (15) days after the notice is served, a notice in
writing that adheres with Section 287.3.9, requesting a hearing
by the Tribunal accompanied by an appeal fee of $50.
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287.3.7
Right to appeal
The applicant or licensee may appeal the Manager of Legislative Services'
decision to refuse, suspend, revoke or to impose any condition on a licence
to the Tribunal by filing a written notice of appeal with the CAO/City Clerk,
within fifteen (15) days following the receipt of written notice of the Manager of
Legislative Services' decision.
287.3.8
Incomplete application - no right to appeal
The issuance of a Notice of Incomplete Application is not a statutory power of
decision and is not subject to appeal to the Tribunal.
287.3.9
Content of notice of appeal
Where an applicant or licensee requests a hearing before the Tribunal, the notice
of appeal shall be in writing to the CAO/City Clerk and shall include:
(a)
the original signature of the applicant, or representative;
(b)
the reasons in support of the appeal;
(c)
the applicant's address, telephone number and, where available, fax
number;
(d)
the name, address, and telephone number of any agent,
representative, or lawyer representing the applicant.
287.3.10
Written request - hearing scheduled
On receipt of a written request for a hearing from the applicant or licensee, the
CAO/City Clerk, through the Tribunal Coordinator shall schedule a hearing of
the Tribunal and give reasonable notice of the date, time, and place of the
hearing in accordance with Chapter 117 of the Municipal Code - Licensing
Appeal Tribunal Chapter.
287.3.11
Appeal does not suspend decision
The filing of an appeal does not operate to suspend the Manager of
Legislative Services' decision.
287.3.12
Deadline to appeal final
The decision of the Manager of Legislative Services shall be final if the
CAO/City Clerk does not receive an appeal by the 15th day following the
receipt date of the written notice of the Manager of Legislative Services'
decision. A notice of appeal is ineffectual to create a right to a hearing unless
it is received by the CAO/City Clerk on or before the appeal deadline.
287.3.13
Licensing Appeal Tribunal Chapter applies
The provisions of Chapter 117 of the Municipal Code - Licensing Appeal
Tribunal apply to any appeal that is made under this Section.
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287.3.14
Fulfill outstanding requirements
Where the Tribunal has ordered that a licence be granted, reinstated, a
suspension to a licence ended or a change to the condition(s) of a licence, the
applicant or licensee shall fulfill any outstanding requirements for the licence
under this Chapter.
287.3.15
Delivery of notice
Any written notice given under this Chapter shall be deemed to be received
on the receipt date which is one of the following:
(a)
in the case of mailed documents, five (5) days following the
mailing as determined from the post mark;
(b)
in the case of personal delivery, email or faxed document, the
day of delivery; and
(c)
where more than one method of delivery is used, the operative
receipt date for the calculation of the time for an appeal is the
latest of the possible receipt dates.
287.3.16
Notice - last known business or residential address
Where any written notice is mailed under this Chapter, it is sufficient to use the
applicant's or licensee's last known business or residential address.
287.3.17
Transfer - licence
No licence issued under the provisions of this Chapter is transferable to any other
person or lot.
287.3.18
Change information - notification
Every licensee shall notify the Manager of Legislative Services in writing within five
(5) days of the happening of any of the following events:
(a)
any change in the licensee's name, address or telephone number;
and
(b)
removal of the hen coop.
287.3.19
Licence - subject to conditions
In addition to any other powers conferred on the Manager of Legislative Services
pursuant to this Chapter, the Manager of Legislative Services is authorized to
impose any condition on a licence to be issued under this Chapter as he or she
deems necessary to ensure the safety of public or of property.
287.3.20
Conditional licences
Every licensee shall comply with every condition imposed upon the licence.
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Article 4
LICENSING
287.4.1
Requirement for licence
No person shall possess, harbour, or keep a hen without having a valid hen coop
licence.
287.4.2
Application requirements
An application for a licence shall include the following:
(a)
Permission from the owner of the lot, if the applicant is not the owner
of the lot subject to the application for a licence;
(b)
Proposed number of hens;
(c)
A site plan demonstrating compliance with this Chapter, the Zoning
By-law and accurate lot dimensions, including: the proposed
location (or area if the coop is movable) and dimensions of the hen
coop and outdoor run, setbacks from the lot lines as well as from
any other structures/buildings on the lot (including the distance
between the dwelling and coop/outdoor run) and setbacks from any
dwelling located on any lot sharing a lot line with the lot subject to
the application;
(d)
The licence fee of $100;
(e)
If applicable, an Electrical Safety Authority Certificate of Inspection
stating that the electrical wiring and electrical devices serving the
hen coop or outdoor run are in compliance with the Electricity Act;
(f)
A declaration that the applicant has reviewed the following
documents and will provide and maintain suitable housing and
shelter of hens in his or her care:
(i)
The Ontario Ministry of Agriculture, Food and Rural
Affairs (OMAFRA) Factsheet entitled "Biosecurity
Recommendations for Small Flock Poultry Owners";
(ii)
The Resource Kit entitled "Keeping Your Birds
Healthy" distributed by OMAFRA; and
(g)
A declaration that the applicant has reviewed the provisions of this
Chapter and will abide by the provisions therein.
287.4.3
One licence - per lot
Only one licence per lot shall be permitted.
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287.4.4
Licence - expiry
Unless revoked, every licence issued by the Manager of Legislative Services shall
have no expiry date associated with such licence.
Article 5
REGULATIONS
287.5.1
Hen coops - outdoor runs - regulations
Every owner of hens and every owner of the lot shall ensure the following
regulations are adhered to:
287.5.1.1
Owner of hens - reside on lot
The applicant or licensee must reside on the lot where the hens are kept,
unless the hens are kept on a property zoned Institutional One (I1), Open
Space One (OS1) or Open Space Two (OS2) as defined in the City's
Zoning By-law.
287.5.1.2
Number of hens permitted
A maximum of four (4) hens shall be permitted per lot.
287.5.1.3
Hens under four months old - prohibited
All hens on a lot shall be at least four (4) months old.
287.5.1.4
Lot size - minimum
No hen coop shall be permitted on a lot having a Lot Area less than 500 m2.
287.5.1.5
Location of hen coops and outdoor runs
No hen coop or outdoor run shall be located within:
(a)
the Intake Protection Zone - 1 (IPZ-1) or Well Head
Protection Area (WHPA) with a vulnerability score of
10, as defined by the City's Source Water Protection
Mapping, as set out in Schedule "A";
(b)
a Front Yard or Exterior Side Yard,
(c)
8 m of any Dwelling;
(d)
3 m of any Lot Line;
(e)
3 m of any Structure;
(f)
3 m of any sewage works, or;
(g)
15 m of any Lot Line on which a school is located.
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287.5.1.6
Maximum - one hen coop and one outdoor run
A maximum of one (1) hen coop, and one (1) outdoor run shall be permitted
per lot.
287.5.1.7
Size of hen coop
A hen coop shall be provided that has:
(a)
a maximum Ground Floor Area of 9.0 m2;
(b)
at least 0.37 m2 of floor area for each hen;
(c)
a maximum Height of 5 m.
287.5.1.8
Size of outdoor run
An outdoor run shall be provided that has:
(a)
a maximum Ground Floor area of 9.0 m2;
(b)
at least 0.92 m2 of outdoor enclosure for each hen;
(c)
a maximum Height of 5 m.
287.5.1.9
Hen coop - general requirements
All hen coops shall be a fully enclosed weatherproof structure or enclosure,
and the interior shall include:
(a)
at least one nest box for egg laying;
(b)
at least one perch giving 0.3 m of space per hen;
(c)
at least one food, and water container.
287.5.1.10
Protection against predators
All hen coops and outdoor runs shall be secured against the entry of
predators.
287.5.1.11
Cleanliness - sanitary
All hen coops and outdoor runs shall be kept in a clean and sanitary
condition, and free of vermin, and obnoxious odours.
287.5.1.12
Manure - droppings - cleaned out daily - storage
All manure and droppings shall be removed daily from the hen coop and
outdoor run, and only stored in a secured container or backyard composter.
No more than 0.08 m3 of manure and/or droppings shall be stored at any
one time.
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287.5.1.13
Hens to be enclosed at all times
All hens shall be kept fully enclosed in a hen coop or outdoor run at all
times.
287.5.1.14
Hens to be enclosed in coop at night
Despite Section 287.5.1.13, hens shall be kept fully enclosed in a hen coop
between 9:00 p.m. and 6:00 a.m.
287.5.1.15
Food supply - storage
A hen's food supply shall be stored in secure, rodent/predator-proof
containers.
287.5.1.16
Slaughter - disposal of carcasses
(a)
The slaughtering or euthanizing of hens is prohibited.
(b)
All deceased hens shall be disposed of forthwith at a livestock
disposal facility or through the services of a veterinarian.
287.5.1.17
Selling - eggs - manure - meat - other products -
prohibited
The selling of eggs, manure, meat, or other products associated with the
keeping of hens is prohibited.
287.5.1.18
Change to wiring - device
If electrical wiring and/or an electrical device serving a hen coop or outdoor run is
added, repaired, or replaced after a licence has been issued, an Electrical Safety
Authority Certificate of Inspection stating that the electrical wiring and/or electrical
device is in compliance with the Electricity Act shall be provided immediately upon
request of an Officer.
287.5.2
Roosters - prohibited
No person shall possess, harbour, or keep any rooster.
Article 6
ANIMAL CONTROL SHELTER
287.6.1
Impounding - release fees - claim procedure
Subject to Section 287.6.5, an Officer may:
(a)
seize and impound any hen found to be at large; and
(b)
restore possession of the hen to the owner thereof where:
i)
the owner claims possession of the hen within five days
(exclusive of statutory holidays and Sundays) after the date
of seizure; and
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ii)
the owner pays a pound fee of $30 for a hen seized and
impounded plus a maintenance sum of $6 for each day
subsequent to the day of seizure that the hen remains
impounded.
287.6.2
Owner liable - all fees - hen not claimed
Where a hen is impounded, the owner, if known, and whether the hen is claimed
from the pound or not, shall be liable for the pound and maintenance fees
prescribed and shall pay all fees on demand to the Animal Control Officer.
287.6.3
Hen not claimed - within five days - sale
At the end of the five days where possession of the hen has not been restored to
the owner as set out in Section 287.6.1, the Pound Keeper may sell the hen for
such a price as he or she deems reasonable.
287.6.4
Hen not claimed - within five days - disposal
Where the owner of a hen has not claimed the hen within five days after its
seizure under Section 287.6.1 and the hen has not been sold, the Pound Keeper
may kill the hen in a humane manner, or otherwise dispose of the hen as he or
she sees fit, and no damages or compensations shall be recovered on account of
its killing or other disposition.
287.6.5
Hen not claimed - within five days - destroyed for humane or
safety reasons
An Officer may kill a hen in a humane manner where it is trespassing or at large,
or where it has been seized under Section 287.6.1, if in his or her opinion, the
hen should be destroyed without delay for humane reasons, or for the reasons of
safety to persons or other animals, without permitting any persons to reclaim the
hen or without offering it for sale, and no damages or compensations shall be
recovered on account of its killing.
Article 7
EXEMPTIONS
287.7.1
Hen exemption - O.S.P.C.A.
This Chapter shall not apply to a branch of the Ontario Society for Prevention of
Cruelty to Animals.
287.7.2
Hen exemption - veterinary hospital
This Chapter shall not apply to a lawfully permitted veterinary hospital under the
City's Zoning By-law, which is under the care of a licensed veterinarian, and whom
is keeping hens for treatment or other purposes directly related to his or her
practice of veterinary medicine.
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287.7.3
Hen exemption - City sanctioned event
This Chapter shall not apply to any hen being displayed or exhibited for a set
period of time in a City sanctioned event, which is operated in accordance with the
City's conditions.
Article 8
ENFORCEMENT
287.8.1
Enforcement
A Municipal By-law Enforcement Officer, Police Officer or Animal Control Officer is
hereby vested with the authority of enforcing the provisions of this Chapter.
287.8.2
Entry and inspection
An Officer may, at all reasonable times, enter on land including buildings and
structures other than a dwelling unit, for the purpose of carrying out an inspection
to determine compliance with this Chapter.
287.8.3
Notice to Comply
An Officer who finds a contravention of this Chapter may give written notice to
the owner of the lot, requiring immediate compliance with this Chapter and/or to
do work to correct the contravention of this Chapter within the time period
specified in the notice.
287.8.4
Service of Notice to Comply - personally or regular post
The notice may be served personally on the owner of the lot, or by regular post to
the last known address of the owner.
287.8.5
Failure to Comply with Notice to Comply
If the notice is not complied with, the City, by its employees, officers or agents,
may enter upon the lot of the owner without further notice and undertake the
action described in the notice. Costs incurred by the City in doing the work
required by the notice may be collected in the same manner as property taxes.
287.8.6
Hinder or obstruct
No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this Chapter, or any person
lawfully acting in aid of such an Officer. Without limiting the generality of the
meaning of "hinder" or "obstruct", a person shall be deemed to have obstructed
or hindered an Officer in the execution of their duties if he or she:
(a)
provides false information to an Officer; or
(b)
is alleged on reasonable and probable grounds to have
contravened any of the provisions of this Chapter, and fails to
identify themselves to an Officer upon request.
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287.8.7
Penalties
(a)
Any person who contravenes any of the provisions of this Chapter is
guilty of an offence and upon conviction is liable to a fine or penalty
as provided for in the Provincial Offences Act.
(b)
Where a section of this Chapter has been contravened, a director or
officer of a corporation who knowingly concurs in the contravention is
guilty of an offence.
(c)
Upon conviction, in addition to any other remedy and to any penalty
imposed by this Chapter, the court in which the 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.
287.8.8
Rebuttable presumption - identification
In a prosecution for a contravention of this Chapter, evidence of identification
shall be presumed to be correct and accurate, unless rebutted by evidence to the
contrary.
287.8.9
Conflict - most restrictive prevails
Where there is a conflict or a contradiction between this Chapter and any other
by-law of the City, the provision that is most restrictive shall prevail.
287.8.10
Validity and severability
Every provision of this Chapter is declared severable from the remainder and if
any provision of this Chapter shall be declared invalid by a court of competent
jurisdiction, such declaration shall not affect the validity of the remainder
Adopting By-law: By-law 2017-64
By-law Amendments: By-law 2019-56, 6 May 2019; By-law 2023-034, 3 April
2023.