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Recitals
THE CORPORATION OF THE MUNICIPALITY OF 5HUNIAH
BY-LAW NO.
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Being a By-law to Regulate Backyard Chickens in the
Municipality of Shuniah
a) Council has reviewed and established that the residents of the
Municipality of Shuniah to have the opportunity to keep chickens on
their own residential property to produce eggs for personal use.
b) Council further deems it necessary to regulate backyard chickens to
areas suitable to accommodate this use.
·
c) Council wishes to allow backyard chickens within the Community
Residential areas of the Municipality of Shuniah.
d) Council further recognizes that the Rural Zones of Shuniah will
continue to have Agricultural uses as set out in the Zoning By-law for
the Municipality of Shuniah and may include backyard chickens.
NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY
OF SHUNIAH ENACTS AS FOLLOWS:
1. Definitions
"Backyard Chicken" means a domesticated female chicken that is at least 4
months old and does not include roosters, ducks, turkeys, exotic fowl, goose or
other bird, or foul.
"Community Residential" shall mean the zone referred to under By-law 2038-
00 the zoning By-law for the Municipality of Shuniah.
"Rural" shall mean the zone referred to under By-law 2038-00 the zoning By-
law for the Municipality of Shuniah.
"Agricultural Use" shall mean a use of land, building or structures for the
raising of livestock and other farm animals including poultry, horses, cows, pigs,
birds, sheep, and other exotic livestock, the growing of agricultural crops
including but not limited to food crops, turf grass, greenhouse crops,
mushrooms and nursery stock and shall include value added agricultural
products from the farm operation of the property.
2. Regulations
Every person shall comply with the following regulations:
a)
The keeping of backyard chickens shall be restricted to properties that are
zoned Community Residential [RC] and Rural [RU]
b)
The keeping of backyard chickens shall not be construed to mean an
Agricultural Use.
c)
The property has one residential dwelling on it and that dwelling is a single
unit dwelling;
d)
A tenant shall obtain permission from the property owner to keep chickens
on the owner's property;
e)
The owner of the backyard chickens resides at the property where the
backyard chickens are kept;
f)
No more than five backyard chickens are kept per property;
g)
Roosters are prohibited;
h)
Backyard chickens are kept for personal use only;
i)
Any sick or ill chicken must be treated through the services of a veterinarian;
j)
Any deceased chickens shall be disposed of at a livestock disposal facility or
through the services of a veterinarian;
k)
Storage and disposal of feces shall be hygienically managed;
I)
Backyard chicken food shall be stored securely to prevent attracting vermin;
m)
Backyard chickens shall not run at large;
n)
A single coop for the backyard chickens shall built and maintained in
accordance with good animal husbandry practices and shall be provided,
and shall meet the following specifications:
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
xii)
xiii)
o)
the coop must be located in the rear yard of a lot and must provide a fully
enclosed area for the backyard chickens;
the coop must not be located within 10 metres of any neighbouring
residential dwelling.
the coop must not be located any closer than 3 metres to a property line.
the coop must not be located in front of the main dwelling;
the coop must not be closer than 30 metres to a dug well or any lake, river,
streams, pond ,wetland, ditch, or drainage course;
the coop must not be closer than 15 metres to a drilled well;
the coop must not exceed 2 metres in height;
the coop must not exceed 9 square metres in total area;
the coop must be secured from floor to ceiling and have a contained roof
structure;
the coop's run and non solid structure areas must be contained and covered
in a mesh like material and must be dug down into the ground and
surrounded on all sides by gravel or crushed rock;
the coop must not be located closer than 3 metres from any window or door
of any residential building;
the coop must be maintained and cleaned regularly to minimize odour and
prevent attracting vermin; and
Coops must comply with all other By-laws, statutes, and regulations.
If it is suspected that any backyard chicken is ill, the owner is required to
contact a veterinarian immediately to diagnose the illness; if a backyard
chicken is diagnosed with a communicable disease, the owner is required to
contact the District Health Unit and to comply with directions provided by
Health Unit.
p)
This by-law allows for the keeping of backyard chickens and does not have
the effect of limiting permitted Agricultural Uses within the Rural Zone as
outlined in the Municipal Zoning By-law.
3. Enforcement and Fines
3.1.
The provisions of this By-law shall be enforceable by a Municipal By law
Enforcement Officer, Provincial Offenses Officer, Police Officer, or other duly
appointed individual.
3.2.
No person shall obstruct, hinder, or otherwise interfere with a Municipal Law
Enforcement Officer, Provincial Offences Officer, Police Officer or other duly
appointed individual in the lawful carrying out of their duties and
responsibilities under the provisions of this By-law.
3.3.
Every person who contravenes any Provision of this By-law is guilty of an
offence and upon conviction shall be liable to a fine in the amount to be
determined pursuant to the Provincial Offences Act, as amended. Every such
fine is recoverable under the Provincial Offences Act, as amended.
4. Schedule
4.1.
Schedule "A" attached hereto forms part of this By-law.
5. Short Title
5.1.
This By-law may be referred to as the "Backyard Chicken By-law".
6. Severability
6.1.
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 this By-law as being invalid and is hereby declared that the
remainder of the By-law shall be valid and remain in force.
7. Enactment
7.1.
This By-law shall come into force and take effect upon Third and Final
Reading and;
7.2.
Schedule "A" to this By-law being forwarded to and approved by the Senior
Regional Justice of the Ontario Court of Justice
READ A FIRST AND SECOND TIME THIS )
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READ A THIRD TIME AND FINALLY PASSED TH