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THE CORPORATION OF THE TOWN OF SMITHS FALLS
BY-LAW N0.10616-2025
BEING A BY-LAW TO PERMIT THE KEEPING OF BACKYARD HENS WITHIN THE
TOWN OF SMITHS FALLS (ONE YEAR PILOT PROGRAM)
WHEREAS Section 5(3) of the Municipal Act, 2001, 8.0. 2001, c.25, provides that a
municipal power shall be exercised by by-law; and
WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, provides that a
municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under that or any other Act; and
WHEREAS Sections 8, 9 and 11 of the Municipal Act, 2001, S.O. 2001, c.25 authorize
the municipality to pass by-laws necessary or desirable for municipal purposes, and in
particular items 5 and 8 of Section 11 (2) authorize by-laws respecting: the economic,
social and environmental well-being of the municipality and the protection of persons
and property; and animals; and item 9 of Section 11 (3) authorizes the passing ofby-
laws with respect to animals; and
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides that the
powers of a municipality under this Act shall be interpreted broadly so as to confer
broad authority on municipalities to enable them to govern their affairs as they consider
appropriate, and to enhance their ability to respond to municipal issues;and
WHEREAS Section 8 (3) of the Municipal Act, 2001, S.O. 2001, c.25, provides that a
by-law passed under Section 1 1 of that Act respecting a matter may regulate or prohibit
and, as part of the power to regulate or prohibit may require a person to do things,
provide for a system of licences permits, approvals or registrations and impose
conditions as a requirement of obtaining, continuing to hold or renewing a licence,
permit, approval or registration;
WHEREAS Section 436 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
provides that Council may, by by-law, provide that the municipality may enter on land at
any reasonable time for the purpose of carrying out inspections to determine
compliance with certain specified matters, including by-laws passed under the Municipal
Act, 2001, directions or orders made under the Municipal Act, 2001 or under a by-law
passed under its authority, conditions of a licence issued under the Municipal Act, 2001
or orders made under Section 431 of the Municipal Act, 2001; and
WHEREAS Sections 446 (1), 446 (3) and 446 (4) of the Municipal Act, 2001, 8.0. 2001,
c.25, authorize the Town of Smiths Falls, if it has authority by by-law or otherwise, to
direct or require that a matter or thing be done, to direct in the same by-law that, in
default of it being done by the person directed or required to do it, such matter or thing
be done at the person's expense and to recover that expense by action or by adding it
to the tax roll and collecting it in the same manner as taxes; and
WHEREAS Section 446 (2) of the Municipal Act, 2001, 8.0. 2001, c.25, establishes that
following failure to comply with an order directing or requiring the person that a matter or
thing be done, the municipality may enter upon the land at any reasonable time to
perform the directed or required matter or thing be done at the person's expense; and
WHEREAS Section 425 of the Municipal Act, 2001, S.O. 2001, c.25, establishes that
any person who contravenes any bylaw of the Town of Smiths Falls is guilty of an
offence; and
WHEREAS Section 429 of the Municipal Act, 2001, S.O. 2001, c.25, establishes that a
municipality may establish a system of fines for offences under a by-law of the
municipality; and
WHEREAS Section 103 (1) of the Municipal Act, 2001, S.O 2001, c.25 provides that if a
by-law is passed regulating or prohibiting with respect to the being at large of animals,
the by-law may provide for the seizure and impounding of animals being at large and
the sale of impounded animals; and
WHEREAS the Municipal Act, 2001, 8.0. 2001 further authorizes the municipality,
amongst other things, to delegate its authority, to impose fees or charges, to provide for
inspections, and to make orders to discontinue activity or to do work; and
WHEREAS the Council of the Town of Smiths Falls deems it advisable to enact this
by-law for the purpose of permitting and regulating the keeping of backyard hens within
the Town.
NOW THEREFORE the Council of the Corporation of the Town of Smiths Falls hereby
enacts as follows:
1. TITLE
1.1 The by-law shall be known and cited as the "Backyard Hens By-law".
2. SCOPE
2.1 This by-law shall permit backyard hens on residential properties in the Town of
Smiths Falls for a one year pilot program period. After one year, the Council of
the Corporation of the Town of Smiths Falls will review and determine if this
program will become permanent.
2.2 All hens and coops on private property shall be permitted
3. INTENT
3.1 The purpose of this by law is to permit, regulate the keeping of hens on
residential properties.
a) Minimize adverse impacts on nearby public and private property; and
b) Do not create a safety hazard or a nuisance to abutting properties,
businesses, schools, and places of worship.
4 DEFINITIONS
4.1 Abutting Property means any parcel or lot that has a lot line or portion of a lot
line in common with the subject property, including a shared intersection of lot
lines.
4.2 Animals means any member of the animal kingdom, other than a human.
4.3 Business means any structure, whether publicly owned or privately owned, that
is adapted for occupancy for transaction of business and does not include any
home-based business.
4.4 Clerk means the Clerk of the Corporation of the Town of Smiths Falls.
4.5 Council means the Council of the Corporation of the Town of Smiths Falls
4.6 Dwelling Unit means a residential unit located in a building or structure, used or
intended to be used as a domicile by one or more people and usually contains
cooking, eating, living, sleeping and sanitary facilities.
4.7 Easement means a legal instrument registered on a property which permits the
use of land by a third party or organization as specified on title.
4.8 Exterior Side Yard means the space abutting a public street that extends from
the front yard to the rear yard between a side lot line and the nearest point of the
main building, not including a permitted projection.
4.9 Front Yard means the space paralleling the front lot line extending across the full
width of a lot between the front lot line and nearest part of any main building on
the lot, not including a permitted projection.
4.10 Hen means a domestic female egg laying chicken (Gallus gallus domesticus)
that is at least 4 months old.
4.11 Hen Coop means a hen house and hen run.
4.12 Hen House means a structure that houses the hens at night and includes places
for laying.
4.13 Hen Run means a covered and secure enclosure that allows hens access
outdoors.
4.14 Interior Side Yard means the space not abutting a public street that extends
from the front yard to the rear yard between a side lot line and the nearest point
of any main building, not including a permitted projection.
4.15 Officer means a Police Officer, Fire Prevention Officer, Fire Inspector, Building
Inspector, Zoning Examiner, Municipal Law Enforcement Officer, Animal
Control Officer or any other person appointed by the Corporation of the Town
of Smiths Falls as an Officer to enforce the provisions of this by-law.
4.16 Order means an order made under this by-law.
4.17 Owner means, with reference to hens, any person who possesses, harbors or
keeps an animal or hen and, where an owner is a minor, includes the person
who is responsible for the custody of the minor; and means, with reference to
property, the individual(s), entities or corporations holding the title of a
property or properties.
4.18 Person includes an individual, association, organization, partnership, public
bodies, corporations, societies, inhabitants of counties, municipalities or other
districts, and includes an agent or employee of any of them in relation to the
acts and things that they can do and owning respectively.
4.19 Place of Worship means a building used for public worship.
4.20 Property means a building or structure or part of a building or structure, and
includes the lands and premises appurtenant thereto and all mobile homes,
mobile buildings, mobile structures, outbuildings, fences and erections and
includes vacant property thereon whether heretofore or hereafter erected, and
is divided into:
4.20.1 Non-residential property means property, which is not occupied, nor
capable of being occupied in whole or in part for the purpose of human
habitation.
4.20.2 Residential property means any property that is used or designed for
use as a domestic establishment in which one or more persons usually
sleep and prepare and serve meals, and includes any land or buildings
that are appurtenant to such establishment and all steps, walks,
driveways, parking spaces and fences or any fixtures or structures associated
with the building or its yard.
4.21 Rear Lot Line shall mean that lot line furthest from and opposite the front lot line
but if there is no such line, that point furthest from and opposite the front lot line.
If there are two or more rear lot line segments at different distances from the front
lot line, as in the case of an L-shaped lot, each segment shall be considered to
be the rear lot line for that portion of the front lot line directly opposite.
4.22 Rear Yard shall mean the space paralleling the rear lot line that extends across
the full width of the lot between a rear lot line and the nearest point of the
principal building, not including a permitted projection.
4.23 Residential Tenants means persons renting or leasing a property used or
intended to be used for residential purposes only.
4.24 Rooster means a male domestic chicken.
4.25 Setback means with reference to a lot line, the shortest distance between a lot
line (front, interior side, exterior side, or rear) and the nearest part of any building
or structure on the lot. In cases where road widening is taken, the required
setback is calculated from the lot line.
4.26 School means a public, separate or private educational establishment operated
by a Board of Education as defined in the Education Act.
4.27 Town means the Corporation of the Town of Smiths Falls.
4.28 Veterinarian means a veterinarian who is a Doctor of Animal Health, licensed
and trained in Ontario to provide medical and surgical care for animals.
5 INTERPRETATION
5.1 In this by-law "may" shall be construed as permissive.
5.2 In this by-law "shall" shall be construed as imperative.
6 GENERAL PROVISIONS
6.1 A residential tenant must obtain written permission from the property owner to
keep hens on the owner's property.
6.2 The owner of the hens must reside on the property where the hens are kept.
6.3 No hen coop shall be located in any front yard.
6.4 Hen coops and runs shall be at a distance of at least 1.2 metres (4 feet) from
the rear lot line and at least 1.2 metres (4 feet) from any side lot line of the
dwelling lot on which the hen coop is located.
6.5 Hen coops and hen runs shall meet the setbacks from any school property
line.
6.6 Hen coops and hen runs shall meet the setbacks from any place of worship or
business.
6.7 Hen coops and hen runs shall be a minimum distance of 3 metres (10 feet) from
all windows and doors of dwellings that are located on abutting property.
6.8 No person shall:
a) Keep a rooster; and
6.9 No person shall keep more than six (6) backyard hens at a residential property or
a property used primarily for residential purposes unless the conditions and
requirements contained in this by-law are met.
6.10 The following provisions apply to the use and storage of manure:
a) No more than .08 cubic metres (3 cubic feet) of manure can be stored in an
airtight container on the property.
b) Small amounts of manure may be worked into the soil as soil amendments.
All other unused manure exceeding the maximum total area must be removed
and disposed of at a waste disposal site that will accept chicken manure.
c) Disposal of excess manure is not permitted at the municipal compost site and is
not permitted to be disposed of in your regular garbage.
6.11 Home slaughter of hens is prohibited, and any deceased hens shall be
disposed of at a livestock disposal facility or through the services of a
veterinarian.
6.12 The sale of eggs is prohibited.
6.13 Hen coops are to be designed to provide hens with a draft-proof, dry, and
insulated environment.
6.14 No person shall allow their hen(s) to roam on a public road or in a public place
at any time.
6.15 No temporary or permanent electrical wiring is permitted to the hen
house.
6.16 Hen coops shall only be permitted on legal residential properties.
6.17 Hen coops shall only be permitted on residential properties that meet the criteria
listed in the bylaw.
6.18 The applicant shall provide a signed declaration stating that the applicant
reviewed the required educational material provided by the Town regarding the
keeping of Hens in a safe and secure manner.
7 ENFORCEMENT AND PENALTIES
7.1 Where a coop is erected, or located, or hens are kept in contravention of this
by-law, the designated official may immediately remove the hens or coop, that
constitute a safety hazard or a concern in accordance with the provisions of this
by-law, without notice or compensation.
7.2 Where a coop does not comply with this by-law, the designated official may
order the coop to be removed or bring the coop and hens into compliance in the
manner and within the time specified in the order.
7.3 The order mentioned in Section 7.2 may be served:
7.3.1 By personal service upon the owner.
7.3.2 By prepaid registered mail sent to the last address of the property owner,
shown on the records of the Town of Smiths Falls; or,
7.3.3 By prominently posting a copy of the order either on the coop in respect to
which the order is made, or on the property upon which the coop is
erected, located, or displayed.
7.4 The written order shall contain the particulars of the non-compliance with this by-
law, a specified time limit in which to effect compliance and either an order to
comply with the by-law within the time limit specified in the order, or an order to
remove the coop and/or animals within the time limit specified in the order.
7.5 Where the order is served in accordance with Section 7, it is deemed to have
been received by the party being served upon the mailing or posting of the order.
7.6 Where a coop or hens are not removed or are not brought into conformity as
required by an order under Section 7.2, the Municipal Law Enforcement Officer
may have the coop and/or animals removed without notice or compensation. For
this purpose, the Municipal Law Enforcement Officer and their contractor or other
agent may enter upon the property at any reasonable time.
7.7 The cost incurred by the Town of Smiths Falls in removing a coop and/or hen(s)
under this part of the by-law is deemed to be municipal taxes and may be added
to the collector's roll and collected in the same manner as municipal taxes.
Despite the foregoing, the cost incurred by the Town of Smiths Falls in removing
a coop and/or hen(s) under this part of the by-law is a debt payable to the Town
of Smiths Falls and may be recovered in any court of competent jurisdiction.
7.8 This by-law may be enforced by any of the following:
7.8.1 Municipal Law Enforcement Officer.
7.8.2 Animal Control Officer.
7.9 An owner shall allow, at any reasonable time, a Municipal Law Enforcement
Officer, along with any other authorized employee or agent of the Town, to enter
to investigate the Property to determine whether the requirements of this by-law
are being complied with.
8 OFFENCES AND PENALTIES
8.1 Any person who contravenes or causes or permits any contraventions of any of
the provisions of this by-law is guilty of an offence and upon conviction, is liable
to a fine as provided for in the Provincial Offences Act or any successor
legislation.
8.2 In addition to any penalty imposed and any other remedy, the court in which the
conviction had been entered and any court of competent jurisdiction, thereafter,
may make an order:
8.2.1 Prohibiting the continuation or repetition of the violation by the person
convicted; and,
8.2.2 Requiring the person convicted to correct the contravention in the manner
and within the period that the court considers appropriate.
8.3 Every person enforcing this by-law shall have the right of entry on any property
for the purpose of carrying out an inspection to determine whether this by-law is
being complied with and for the enforcement of this by-law pursuant to Section
436 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended from time to time.
9 OBSTRUCTION
9.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any person
exercising a power or performing a duty under this by-law.
9.2 Any person who has been alleged to have contravened any of the provisions of
this by-law shall identify themselves to the Municipal Law Enforcement Officer
upon request; failure to do so shall be deemed to be an act which obstructs or
hinders the Municipal Law Enforcement Officer in the execution of his/her duties.
10 VALIDITY
10.1 Where a provision of this by-law conflicts with the provisions of another by-law in
force in the municipality, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public prevails.
10.2 Should any section, subsection, clause 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 a whole or any part thereof, other than the part so
declared to be invalid.
11 SHORT TITLE
11.1 This by-law may be cited as "The Backyard Hens By-law."
The provisions of this by-law shall come into force and take effect on the passing thereof.
Read a first and second time this 5th day of May 2025
Read a third time and passed this 5th day of May 2025
Mayor
^efT?
-/ ^ ^ j/^^/JL^. ^^
SMITHS FALLS
RISE AT THE FALLS
Report # 2025-035
To: Mayor & Council L]For Direction
From: Rick Chesebrough, Fire Chief QFor Information
Date: March 25, 2025, ^For Adoption
Committee of the Whole Date: April 14, 2025 ^Attachment 1 1 pages
Title: Backyard Hen Pilot Program By-Law
Recommendation: That Council approve the revised Backyard Hen Pilot Program Bylaw
identified in report #2025-035.
Purpose: To provide members of Council the revised pilot program By-Law for the
permitting of Backyard Hens in the Town of Smiths Falls.
Background: At the Committee of the Whole meeting on March 24, 2025, Committee
endorsed the permitting of Backyard Hens in the Town of Smiths Falls. A proposed
Backyard Hen bylaw was presented to committee and after much discussion, staff were
directed to revise the proposed backyard hen pilot program bylaw and further directed staff
to conduct a survey of other municipalities that permitted Backyard Hens and provide the
survey results for information purposes. (attached).
Analysis and Options:
As directed by Council, the following sections were removed from the draft proposed By-
law.
- Remove licensing and registration fees
- Remove site inspections
- Enforcement measures would be on a complaint basis
- Permit properties with corner lots to have hen coops and hen runs in side yards
- Eliminate the requirement for roof enclosures on hen runs
- Permit hens to roam in fenced backyards
- Remove time restrictions for hens to be out of their coops
- Remove set backs from places of worship, schools and businesses - use set back
requirements from property lines
Option 1. Council approves the Backyard Hen By-law. (Recommended)
Option 2. Council not accept the revisions to the Backyard Hen Pilot Program Bylaw (not
recommended)
Page 1 of 2
Budget/Financial Implications: Undetermined
Link to Strategic Plan: N/A
Existing Policy: Zoning By-law 10375-2022
Animal Control By-law 8856-2016
Consultations: See attached listing
Attachments:
Appendix A - Draft Backyard Hen By-Law
Appendix B - Municipal backyard hen program information
Appendix C - City of Toronto backyard hen project status
Respectfully Submitted by:
Original Signed by:
Approved for agenda by CAO:
Original Signed by:
Rick Chesebrough
Fire Chief/CEMC
Malcolm Morris, CMO
Page 2 of 2
THE CORPORATION OF THE TOWN OF SMITHS FALLS
BY-LAW N0.------
BEING A BY-LAW TO PERMIT THE KEEPING OF BACKYARD HENS WITHIN THE
TOWN OF SMITHS FALLS
WHEREAS Section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, provides that a
municipal power shall be exercised by by-law; and
WHEREAS Section 9 of the Municipal Act, 2001, 8.0. 2001, c.25, provides that a
municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under that or any other Act; and
WHEREAS Sections 8, 9 and 11 of the Municipal Act, 2001, S.O. 2001, c.25 authorize
the municipality to pass by-laws necessary or desirable for municipal purposes,and in
particular items 5 and 8 of Section 11 (2) authorize by-laws respecting: the economic,
social and environmental well-being of the municipality and the protection of persons
and property; and animals; and item 9 of Section 11 (3) authorizes the passing ofby-
laws with respect to animals; and
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides that the
powers of a municipality under this Act shall be interpreted broadly so as to confer
broad authority on municipalities to enable them to govern their affairs as they consider
appropriate, and to enhance their ability to respond to municipal issues;and
WHEREAS Section 8 (3) of the Municipal Act, 2001, 8.0. 2001, c.25, provides that a
by-law passed under Section 1 1 of that Act respecting a matter may regulate or prohibit
and, as part of the power to regulate or prohibit may require a person to do things,
provide for a system of licences permits, approvals or registrations and impose
conditions as a requirement of obtaining, continuing to hold or renewing a licence,
permit, approval or registration;
WHEREAS Section 436 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
provides that Council may, by by-law, provide that the municipality may enter on land at
any reasonable time for the purpose of carrying out inspections to determine
compliance with certain specified matters, including by-laws passed under the Municipal
Act, 2001, directions or orders made under the Municipal Act, 2001 or under a by-law
passed under its authority, conditions of a licence issued under the Municipal Act, 2001
or orders made under Section 431 of the Municipal Act, 2001; and
WHEREAS Sections 446 (1), 446 (3) and 446 (4) of the Municipal Act, 2001, S.O. 2001,
c.25, authorize the Town of Smiths Falls, if it has authority by by-law or otherwise, to
direct or require that a matter or thing be done, to direct in the same by-law that, in
default of it being done by the person directed or required to do it, such matter or thing
be done at the person's expense and to recover that expense by action or by adding it
to the tax roll and collecting it in the same manner as taxes; and
WHEREAS Section 446 (2) of the Municipal Act, 2001, 8.0. 2001, c.25, establishes that
following failure to comply with an order directing or requiring the person that a matter or
thing be done, the municipality may enter upon the land at any reasonable time to
perform the directed or required matter or thing be done at the person's expense; and
WHEREAS Section 425 of the Municipal Act, 2001, S.O. 2001, c.25, establishes that
any person who contravenes any bylaw of the Town of Smiths Falls is guilty of an
offence; and
WHEREAS Section 429 of the Municipal Act, 2001, 8.0. 2001, c.25, establishes that a
municipality may establish a system of fines for offences under a by-law of the
municipality; and
WHEREAS Section 103 (1) of the Municipal Act, 2001, S.O 2001, c.25 provides that if a
by-law is passed regulating or prohibiting with respect to the being at large of animals,
the by-law may provide for the seizure and impounding of animals being at large and
the sale of impounded animals; and
WHEREAS the Municipal Act, 2001, 8.0. 2001 further authorizes the municipality,
amongst other things, to delegate its authority, to impose fees or charges, to provide for
inspections, and to make orders to discontinue activity or to do work; and
WHEREAS the Council of the Town of Smiths Falls deems it advisable to enact this
by-law for the purpose of permitting and regulating the keeping of backyard hens within
the Town.
NOW THEREFORE the Council of the Corporation of the Town of Smiths Falls hereby
enacts as follows:
1. TITLE
1.1 The by-law shall be known and cited as the "Backyard Hens By-law".
2. SCOPE
2.1 This by-law shall permit backyard hens on residential properties in the Town of
Smiths Falls.
2.2 All hens and coops on private property shall be permitted
3. INTENT
3.1 The purpose of this by law is to permit, regulate the keeping of hens on
residential properties.
a) Minimize adverse impacts on nearby public and private property; and
b) Do not create a safety hazard or a nuisance to abutting properties,
businesses, schools, and places of worship.
4 DEFINITIONS
4.1 Abutting Property means any parcel or lot that has a lot line or portion of a lot
line in common with the subject property, including a shared intersection of lot
lines.
4.2 Animals means any member of the animal kingdom, other than a human.
4.3 Business means any structure, whether publicly owned or privately owned, that
is adapted for occupancy for transaction of business and does not include any
home-based business.
4.4 Clerk means the Clerk of the Corporation of the Town of Smiths Falls.
4.5 Council means the Council of the Corporation of the Town of Smiths Falls
4.6 Dwelling Unit means a residential unit located in a building or structure, used or
intended to be used as a domicile by one or more people and usually contains
cooking, eating, living, sleeping and sanitary facilities.
4.7 Easement means a legal instrument registered on a property which permits the
use of land by a third party or organization as specified on title.
4.8 Exterior Side Yard means the space abutting a public street that extends from
the front yard to the rear yard between a side lot line and the nearest point of the
main building, not including a permitted projection.
4.9 Front Yard means the space paralleling the front lot line extending across the full
width of a lot between the front lot line and nearest part of any main building on
the lot, not including a permitted projection.
4.10 Hen means a domestic female egg laying chicken (Gallus gallus domesticus)
that is at least 4 months old.
4.11 Hen Coop means a hen house and hen run.
4.12 Hen House means a structure that houses the hens at night and includes places
for laying.
4.13 Hen Run means a covered and secure enclosure that allows hens access
outdoors.
4.14 Interior Side Yard means the space not abutting a public street that extends
from the front yard to the rear yard between a side lot line and the nearest point
of any main building, not including a permitted projection.
4.15 Officer means a Police Officer, Fire Prevention Officer, Fire Inspector, Building
Inspector, Zoning Examiner, Municipal Law Enforcement Officer, Animal
Control Officer or any other person appointed by the Corporation of the Town
of Smiths Falls as an Officer to enforce the provisions of this by-law.
4.16 Order means an order made under this by-law.
4.17 Owner means, with reference to hens, any person who possesses, harbors or
keeps an animal or hen and, where an owner is a minor, includes the person
who is responsible for the custody of the minor; and means, with reference to
property, the individual(s), entities or corporations holding the title of a
property or properties.
4.18 Person includes an individual, association, organization, partnership, public
bodies, corporations, societies, inhabitants of counties, municipalities or other
districts, and includes an agent or employee of any of them in relation to the
acts and things that they can do and owning respectively.
4.19 Place of Worship means a building used for public worship.
4.20 Property means a building or structure or part of a building or structure, and
includes the lands and premises appurtenant thereto and all mobile homes,
mobile buildings, mobile structures, outbuildings, fences and erections and
includes vacant property thereon whether heretofore or hereafter erected, and
is divided into:
4.20.1 Non-residential property means property, which is not occupied, nor
capable of being occupied in whole or in part for the purpose of human
habitation.
4.20.2 Residential property means any property that is used or designed for
use as a domestic establishment in which one or more persons usually
sleep and prepare and serve meals, and includes any land or buildings
that are appurtenant to such establishment and all steps, walks,
driveways, parking spaces and fences or any fixtures or structures associated
with the building or its yard.
4.21 Rear Lot Line shall mean that lot line furthest from and opposite the front lot line
but if there is no such line, that point furthest from and opposite the front lot line.
If there are two or more rear lot line segments at different distances from the front
lot line, as in the case of an L-shaped lot, each segment shall be considered to
be the rear lot line for that portion of the front lot line directly opposite.
4.22 Rear Yard shall mean the space paralleling the rear lot line that extends across
the full width of the lot between a rear lot line and the nearest point of the
principal building, not including a permitted projection.
4.23 Residential Tenants means persons renting or leasing a property used or
intended to be used for residential purposes only.
4.24 Rooster means a male domestic chicken.
4.25 Setback means with reference to a lot line, the shortest distance between a lot
line (front, interior side, exterior side, or rear) and the nearest part of any building
or structure on the lot. In cases where road widening is taken, the required
setback is calculated from the lot line.
4.26 School means a public, separate or private educational establishment operated
by a Board of Education as defined in the Education Act.
4.27 Town means the Corporation of the Town of Smiths Falls.
4.28 Veterinarian means a veterinarian who is a Doctor of Animal Health, licensed
and trained in Ontario to provide medical and surgical care for animals.
5 INTERPRETATION
5.1 In this by-law "may" shall be construed as permissive.
5.2 In this by-law "shall" shall be construed as imperative.
6 GENERAL PROVISIONS
6.1 A residential tenant must obtain written permission from the property owner to
keep hens on the owner's property.
6.2 The owner of the hens must reside on the property where the hens are kept.
6.3 No hen coop shall be located in any front yard.
6.4 Hen coops and runs shall be at a distance of at least 1.2 metres (4 feet) from
the rear lot line and at least 1.2 metres (4 feet) from any side lot line of the
dwelling lot on which the hen coop is located.
6.5 Hen coops and hen runs shall meet the setbacks from any school property
line.
6.6 Hen coops and hen runs shall meet the setbacks from any place of worship or
business.
6.7 Hen coops and hen runs shall be a minimum distance of 3 metres (1 0 feet) from
all windows and doors of dwellings that are located on abutting property.
6.8 No person shall:
a) Keep a rooster; and
6.9 No person shall keep more than six (6) backyard hens at a residential property or
a property used primarily for residential purposes unless the conditions and
requirements contained in this by-law are met.
6.10 The following provisions apply to the use and storage of manure:
a) No more than .08 cubic metres (3 cubic feet) of manure can be stored in an
airtight container on the property.
b) Small amounts of manure may be worked into the soil as soil amendments.
All other unused manure exceeding the maximum total area must be removed
and disposed of at a waste disposal site that will accept chicken manure.
c) Disposal of excess manure is not permitted at the municipal compost site and is
not permitted to be disposed of in your regular garbage.
6.11 Home slaughter of hens is prohibited, and any deceased hens shall be
disposed of at a livestock disposal facility or through the services of a
veterinarian.
6.12 The sale of eggs is prohibited.
6.13 Hen coops are to be designed to provide hens with a draft-proof, dry, and
insulated environment.
6.14 No person shall allow their hen(s) to roam on a public road or in a public place
at any time.
6.15 No temporary or permanent electrical wiring is permitted to the hen
house.
6.16 Hen coops shall only be permitted on legal residential properties.
6.17 Hen coops shall only be permitted on residential properties that meet the criteria
listed in the bylaw.
6.18 The applicant shall provide a signed declaration stating that the applicant
reviewed the required educational material provided by the Town regarding the
keeping of Hens in a safe and secure manner.
7 ENFORCEMENT AND PENALTIES
7.1 Where a coop is erected, or located, or hens are kept in contravention of this
by-law, the designated official may immediately remove the hens or coop, that
constitute a safety hazard or a concern in accordance with the provisions of this
by-law, without notice or compensation.
7.2 Where a coop does not comply with this by-law, the designated official may
order the coop to be removed or bring the coop and hens into compliance in the
manner and within the time specified in the order.
7.3 The order mentioned in Section 7.2 may be served:
7.3.1 By personal service upon the owner.
7.3.2 By prepaid registered mail sent to the last address of the property owner,
shown on the records of the Town of Smiths Falls; or,
7.3.3 By prominently posting a copy of the order either on the coop in respect to
which the order is made, or on the property upon which the coop is
erected, located, or displayed.
7.4 The written order shall contain the particulars of the non-compliance with this by-
law, a specified time limit in which to effect compliance and either an order to
comply with the by-law within the time limit specified in the order, or an order to
remove the coop and/or animals within the time limit specified in the order.
7.5 Where the order is served in accordance with Section 7, it is deemed to have
been received by the party being served upon the mailing or posting of the order.
7.6 Where a coop or hens are not removed or are not brought into conformity as
required by an order under Section 7.2, the Municipal Law Enforcement Officer
may have the coop and/or animals removed without notice or compensation. For
this purpose, the Municipal Law Enforcement Officer and their contractor or other
agent may enter upon the property at any reasonable time.
7.7 The cost incurred by the Town of Smiths Falls in removing a coop and/or hen(s)
under this part of the by-law is deemed to be municipal taxes and may be added
to the collector's roll and collected in the same manner as municipal taxes.
Despite the foregoing, the cost incurred by the Town of Smiths Falls in removing
a coop and/or hen(s) under this part of the by-law is a debt payable to the Town
of Smiths Falls and may be recovered in any court of competent jurisdiction.
7.8 This by-law may be enforced by any of the following:
7.8.1 Municipal Law Enforcement Officer.
7.8.2 Animal Control Officer.
7.9 An owner shall allow, at any reasonable time, a Municipal Law Enforcement
Officer, along with any other authorized employee or agent of the Town, to enter
to investigate the Property to determine whether the requirements of this by-law
are being complied with.
8 OFFENCES AND PENALTIES
8.1 Any person who contravenes or causes or permits any contraventions of any of
the provisions of this by-law is guilty of an offence and upon conviction, is liable
to a fine as provided for in the Provincial Offences Act or any successor
legislation.
8.2 In addition to any penalty imposed and any other remedy, the court in which the
conviction had been entered and any court of competent jurisdiction, thereafter,
may make an order:
8.2.1 Prohibiting the continuation or repetition of the violation by the person
convicted; and,
8.2.2 Requiring the person convicted to correct the contravention in the manner
and within the period that the court considers appropriate.
8.3 Every person enforcing this by-law shall have the right of entry on any property
for the purpose of carrying out an inspection to determine whether this by-law is
being complied with and for the enforcement of this by-law pursuant to Section
436 of the Municipal Act, 2001, 8.0. 2001, c. 25, as amended from time to time.
9 OBSTRUCTION
9.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any person
exercising a power or performing a duty under this by-law.
9.2 Any person who has been alleged to have contravened any of the provisions of
this by-law shall identify themselves to the Municipal Law Enforcement Officer
upon request; failure to do so shall be deemed to be an act which obstructs or
hinders the Municipal Law Enforcement Officer in the execution of his/her duties.
10 VALIDITY
10.1 Where a provision of this by-law conflicts with the provisions of another by-law in
force in the municipality, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public prevails.
10.2 Should any section, subsection, clause 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 a whole or any part thereof, other than the part so
declared to be invalid.
11 SHORT TITLE
11.1 This by-law may be cited as "The Backyard Hens By-law."
READ A FIRST TIME, SECOND TIME, THIRD TIME AND FINALLY PASSED THIS
DAY OF ----- 2025.
Shawn Pankow, Mayor Kerry Costello, Clerk
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Backyard Hens By-law; Toronto ON
Communications:
March 27, 2025- spoke with a representative from Toronto Animal Services. They stated that there
was notalkofre-enactingthe Backyard Chicken By-law at this time due to the rising concerns
around the bird flu.
March 27, 2025-Spoke with the Animal Services Manager for the City of Toronto, Nancy. She stated
that there will be a chicken related report back to council this year; however, stated that the by-law
will likely not be put back in place as there are currently active cases of avian influenza within the
City of Toronto.
Urban Hens Program Boundaries (Before program was discontinued):
UrbanHensTO Pilot Program Boundaries
Legend
I I Initial boundanes (March 2018)
Boundaries added to the program (as of April 2022)