By-Law No. 2024-24; Backyard Chicken Pilot Project — full text

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THE CORPORATION OFTHE TOWN OF SMOOTH ROCK FALLS BY-LAW# 2024-24 BEING A BY-LAW TO REGULATE AND LICENSE THE KEEPING OF BACKYARD CHICKENS IN RESIDENTIAL ZONES WITHIN THE TOWN OF SMOOTH ROCK FAILS WHEREAS Section 5(3) of the Municipal Acr, S.O. 2001, c.25, as amended, provides that powers of every Council are to be exercised by by-taw untess specificatty authorized to do so otherwise; AND WHEREAS Section 8(3) of the Municipal Act, S.O. 2002, c.25, as amended, provides municipatities with the broad authority to govern its affairs as it considers appropriate and to enhance the municipatity's abitity to respond to municipaI issues; AN D WH EREAS Section 1 1 (3) of the Mun icipal Act, S. O. 2001 , c.25, p rovides that a lower-tier municipality may pass by-taws respecting matters within the fo[[owing spheres of jurisdiction: anima[s; AND WHEREAS Section 128 of the Municipal Act, S.O. 2001 , c.25, as amended, provides that by-taws may be passed by Council of locat municipatities to prohibit and regulate with respect to pubtic nuisances, including matters that, in the opinion of Councit, are or cou[d become or cause a public nuisance and further, that by-taws may be passed for purposes retated to the heatth, safety and wet[-being of inhabitants of the municipality; AND WHEREAS CounciI of the Corporation of the Town of Smooth Rock Fatts is desirous of implementing a Backyard Chicken Pilot Project for a two (2) year period; AND WHEREAS Council of the Corporation of the Town of Smooth Rock Fatts deems it expedient, necessary and in the pub[ics best interest to regutate the keeping of backyard chickens in accordance with the Town's Zoning By-taw, as amended, for the purpose of pubtic heath and safety. NOW THEREFORE Councit of the Corporation of the Town of Smooth Rock Fat[s enacts as fotlows: "Backyard Chickens" means the accessory keeping of hens for the purpose of companionship as a pet or providing eggs for personal consumption by occupants of a dwet[ing on the same [ot, and does not inctude accessory livestock, or agricultural uses otherwise defined by the Town of Smooth Rock FalLs' Zoning By-taw. "Clerk" means the Municipat Cterk of the Town of Smooth Rock Fatts or their designate. means a fulty enclosed weatherproof and ventitated buitding where hens are kept and which the interior of includes nest boxes for egg taying, perches for the hens to sleep on, and food and water containers. "Councit" means the Counci[ of the Corporation of the Town of Smooth Rock Fatts. "Dwetting" means a buitding used or intended to be used for human habitation and in which atl usuaI domestic functions may be carried on. "License" means a [icense issued underthis By-taw. 1. DEFINITIONS "Outdoor Run" means an area enclosed by wire screen intended for permitted chickens to be outdoors. "Property Owner" means the registered owner(s) of a propertywithin the Town of Smooth Rock Fatts. "Staughtering" means the kitting of livestock for purposes that inctude the use of meat for food. "Tenant" means a person who rents or teases a property or dwelling from a [a nd [ord. 2. ADMINISTRATION 2.1 2.2 The Corporation of the Town of Smooth Rock Fa[ts is responsible for the administration and enforcement of this by-taw. The provisions of this By-taw shatt appty to the keeping of Backyard Chickens in accordance with the Zoning By-law within the boundaries of the Town of Smooth Rock Fatts. Pilot Project Duration 2.5 The pitot project is for a period of two (2) years, commencing on September 1 , 2024 and ending on August 31 , 2026. lf the pitot project is not continued beyond August 31, 2026 and the Town's Zoning By-taw is not further amended to provide for backyard chickens, the property owner and/or applicant agrees to take atl necessary steps to remove the chickens from their property by August 31 , 2026. 2.4 The owner and/or appLicant understands and agrees that upon notice, the Town may revoke the [icense/pe rm ission to keep chickens in the municipatity anytime during the pitot program, and the keeping of chickens after this date is an offence under the by-taw as set out in Schedu[e "B". 3. APPLICATION FOR BACKYARD CHICKEN LICENSE 3.1 a.) No person sha[[ be permitted to have a backyard chicken coop or chickens on a ResidentiaI and non-AgriculturaI property without first having been issued a [icense. Any person apptying for a backyard chicken license must comply with the provisions re[ating to accessory structures for the respective zone in the Town's Zoning By-[aw. No person sha[t keep backyard chickens pursuant to this By-taw, untess that person has submitted an apptication and receives a license from the Town of Smooth Rock Fatls. "Officer" means an AnimaI Controt Officer or a By-law Enforcement Officer for the Town of Smooth Rock Fatts. 'Town" means the Corporation of the Town of Smooth Rock Fat[s. "Zoning By-taw" means a by-taw passed under Section 34 of the Planning Act that restricts the use of land in the Town of Smooth Rock Fatts. .1..) 3.4 3.5 J.O The appticant/owner of the backyard chickens must reside on the property where the backyard chickens are kept. No person shatt be permitted to have a backyard chicken coop in the fottowing areas: areas zoned for commerciaL, industriaI or multi- residentiaI zones. An apptication for such license must be signed by the appticant and/or [andowner and shatt inc[ude, but is not timited to, the fottowing mandatory f ietds and dec[arations: 1) Appticant information inctuding name, address (maiting and physicat), postaI code, te[ephone number, and emaiL address; 2) Property Owner's information including name, address (maiting and physicat), postat code, tetephone number, and emaiI address; 3) Site sketch/ptan ittustrating the location and size of the coop and manure storage area on the property, complying with the coop regutations set out in the BY-taw; 4) Checktist of specific regulations contained in the By-taw confirmed by the appticant; and 5) A dectaration that the app[icant: a) Has reviewed the Factsheet "Rodent Control in Livestock and Pouttry Facitities" distributed by the Ontario Ministry of Agricutture, Food and Rural Affairs (OMAFRA); b) Has reviewed Pubtic Heatth Ontario's Evidence Brief titted "Reducing Heatth Risks Associated with Backyard Chickens"; c) Has reviewed the Government of Canada Canadian Food lnspection Agency's "Bird Heatth Basics" Poster; d) Has reviewed the Government of Canada Canadian Food lnspection Agency's "Keep your Birds Safe" Poster; e) Has reviewed the Government of Canada Canadian Food lnspection Agency's "Basic Principte of Biosecurity"; f) Witt provide suitabte housing and shetter for the backyard chickens in their care and witt maintain such housing in a ctean and wholesome state, having regard for Biosecurity Recommendations for Smat[ FLock Chicken Owners; g) Witt provide the backyard chickens with appropriate food, water, space, and environmental conditions conducive to good heatth as we[L as the opportunity to socia[ize and engage in fundamental behaviours such as scratching, roosting, and dust bathing; and h) Witt abide by the regutations contained within the Backyard Chickens Licensing BY-taw. 3.7 It is understood that different ministries and organizations may update their resource kits and factsheets from time to time. Staff has the authorization to make updates to the education package appticants are to review as outlined above in section 3.6, based on new information provided and/or recommended by OMAFRA, the Ministry of Heatth and the Government of Canada Canadian Food lnspection Agency. 3.8 Tenants must obtain written permission from the property owner to keep backyard chickens on the owner's property. 3.9 Every apptication for a backyard chicken ticense shatt be submitted to the Town on the form provided (apptication form or renewal form), together with the annual license fee as outtined in Schedute "A" to this By-taw. Every license issued pursuant to this By-taw shatt expire on the 31"t day of December for the year in which it was issued for. Appticants are required to renew their ticense annuatty to keep backyard chickens. lniUalApplicalis!1 3.10 An initiat apptication shat[ be submitted by a[[ new appticants for any property proposing to receive a license, providing atl the required documentation as outlined in section 3.6 of this By-taw. 3.11 A change in occupancy or ownership of the property sha[t make the Backyard Chicken License nutl and void. The new occupant and/or owner sha[[ submit a new initial application, not a renewal application. For appticants who have submitted an initiaI apptication for a property and received a license, in the following years if no changes have been made since the initiat apptication was submitted for that property, the app[icant may submit a renewaI apptication accompanied with the prescribed fee. 3.14 lf an appticant submitted an initiaI application and received a license but has not submitted a renewal apptication by January 31"t following the expiration of the initiat ticense, the appticant witL be required to re-submit an initial appLication again and not a renewa[. General 3.15 Every apptication for a license wi[[ be reviewed to determine whether it meets the requirements of this By-taw. 3.16 The review may require an inspection of the property, other than a room or ptace used as a dwetting. lf it is determined that an application meets the requirements of this By- taw, the Town witl issue a license once the license fee has been paid in accordance with the fees set out in Schedute "A" of this By-taw. 3.17 RenewaI Application 3.12 3.13 The renewal application and appticabte license fee shalt be submitted by January 31"t of the year in which the [icense is to be lssued. Faituretodo so may resu[t in the Town issuing a fine for fai[ure to obtain a license. 3'18 lf it is determined that an application does not meet the requirements of this By-taw, the Town witt refuse to issue the license. 3.2O ln the eve nt of a ny c hanges to the conditions to wh ich the ticense app rovaI was based on, the app[icant shatt notify the Town immediatety of the above changes and shatt be required to submit additionat information, as requested, inc[uding but not timited to a new site sketch/ptan of the coop location and an administrative processing fee of 910.00. 3.21 As outtined in section 2.3 of this By-taw, licences witl not be issued past August 31, 2026 ending the two (2) year pitot project, unless Councitofthe Town of Smooth Rock Fatts permits backyard chickens beyond the comptetion of the pitot project and amends the Town's Zoning By-taw to provide for backyard chickens. 4.1 A person is not etigible for a Backyard Chicken license or the renewal of such license u n less: 1) The use or proposed use conforms with the Town's Zoning By-taw and zone provisions that appty to the property; 5. BACKYARD CHICKENS REGULATIONS 5.1 A maximum of four (4) backyard chickens shatl be allowed on each permitted property. 5.2 Att backyard chickens sha[[ be at teast four (4) months otd 5.3 The keeping of roosters is strictly prohibited. 5.4 Chickens must be kept in a locked chicken enctosure from 9:00 pm to 6:00 am. 5.5 Free roaming of chickens on the property is prohibited. A[[ deceased backyard chickens sha[ be disposed of promptly in a sanitary manner. The slaughtering of backyard chickens on the property is strictty prohibited. The setling of eggs, manure, meat, or other products derived from backyard chickens is prohibited. 5.6 5.8 3.19 lf at any time the Town determines, as a resutt of evidence that is provided, that the operation of a backyard chicken coop does not conform to the requirements of this By-taw, it may suspend or revoke the license. 4. PROPERWREGULATIONS 2) The property conforms to at[ applicabte [aw, inctuding the Health Protection and Promotion Act, laws regarding animal cruelty, and lhe Fire Protection and Prevention Act. 6. BACKYARD CHICKEN COOP REGULATION 6.1 b.4 6.5 A [icense issued to permit a Backyard Chicken Coop does not remove any obtigation of a person and/or property owner to compty with the Buitding Code or any requirements for a buitding permit. S A maximum of one (1) backyard chicken coop and one (1) outdoor run shat[ be permitted per property. A backyard chicken coop shatt be provided that has: 1) A maximum ground ftoor area of 9.0 m, 2) At teast 0.37 m2 of ftoor area for each hen 3) A maximum height of 4.5 m. Att backyard chicken coops shatl be a futty enctosed weatherproof structure or enclosure with ventitation and a heat source, buitt to prevent any rodent(s) from harboring underneath or within the watts and to prevent entrance by any other animat. The interio r s hatl inctude: 1) At least one nest box for egg laying; 2) At least one perch giving 0.3 m of space per chicken; 3) At least one food and water container. b.4 The backyard chicken coop shatl have a heat source that is a Canadian Standards Association (CSA) rated products and meets the Etectrical Safety Authority (ESA) standards upon instatlation. lt is the owner's responsibitity to fotlow the manufacturer's instructions for the heat source to ensure proper use. 6.5 Att backyard chicken coops must be kept in a clean and sanitary condition at a[[ times, f ree of vermin, obnoxious smetts and substances, and in good repair. b. tJ Att backyard chicken coops and outdoor runs sha[[ be secured againstthe entry of predators. 6.-7 Backyard chickens must be provided, at a[[ times, with food, c[ean water, shetter, tight, and ventitation to assist in keeping the chickens in good heatth. Food and water shatl be kept in sotid, rodent proof and weatherproof containers. Uneaten feed shatl be removed in a time[y manner. Att stored manure sha[[ be covered by a f ulty enctosed container. No more than three (3) cubic feet of manure sha[[ be stored. A[[ other manure not used for composting or fertitizing shatt be removed daiLy f rom the chicken coop and outdoor run. 6.8 o.2 6.3 Chicken coops shatt onty be permitted in the rear yard. The backyard chicken coop and manure storage area, exctusive of the outdoor enclosure, sha[[ not cumulativety exceed an area of j 0 m2. 7. RIGHT OF ENTRY 7.1 7.2 Every person who hotds a Backyard Chicken ticense shatt atlow, at any reasonabte time, a Municipat Law Enforcement Officer or other authorized emptoyee or agent of the Town to inspect the property, other than any room or ptace used as a dwetting, to determine whether atl requirements of this By-taw are being comp[ied with. No person shalt obstruct, hinder or attempt to hinder a Municipat Law Enforcement Off icer or other authorized employee or agent of the Town in the exercise of a power or the performance of a duty under this By-taw. 8. OFFENCE AND PENALTY PROVISIONS 8.1 6-Z Every person who contravenes any of the provisions of this By-taw shatt be guitty of an offence and upon conviction is tiabte to a fine pursuant to lhe Provincial Offences Act, R.S.O. 7990, c. P. SS, as amended. 9.1 9.2 Whenever any reference is made in this By-taw to a statute of the Legistature of the Province of Ontario, such reference shatt be deemed to include atl subsequent amendments to such statute and a[[ successor legislation to such statute. 10. INDEMNITY 10.0 The Owner sha[[ save and hotd harmtess the Town, its servants, agents, successors or assigns, and ensure the same shatl not be held liabte for any injury, [oss or damage, however caused, arising out of the granting of the permissions in these terms and conditions. The owner f urther agrees that it witt from time to time, and at aL[ times hereafter, tru[y save, keep harmless and futt indemnify the Town, its servants, agents, successors and assigns from any and atl actions, causes of actions, claims and demands whatsoever which may be brought against or made upon the Town, its servants, agents, successors and assigns and against a[[ [oss, tiabitity,.iudgements, costs or expenses which the Town, its servants, agents, successors or assigns may sustain, incur or be put to resutting from or arising out of any act or omission on the part of .the Owner, its seryants, agents, successors or assigns which was done, or purported to lf this By-taw is contravened and a conviction entered, the court in which the conviction was entered or any Court of competent jurisdiction may, in addition to any other remedy and to any penatty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted. 9. SEVERABILITY It is hereby dectared that notwithstanding any section, subsections, c[ause, paragraph or provision of the By-law or parts thereof, may be declared by a court of competent jurisdiction to be inva[id, unenforceabte, ittegat or beyond the powers of Council to enact, such section or part thereof sha[[ be deemed to be severable and shatl not affect the va[idity or enforceabitity of any other provisions of the By-taw as a whote or part thereof and a[[ other sections of the By-taw shatt be deemed to be separate and independent therefrom and enacted as such. have been done, in retation to the granting of the permission to keep hens or the keeping of hen by the Owner. 11. FORCE AND EFFECT 11.1 This By-taw shatt take force and effect upon f inaL passage thereof. 11 .2 The Backyard Chicken Pitot Project is for a period of two (2) years, commencing September 1 , 2024 and ending on August 31 , 2026' lf the pitot project is not continued beyond August 31, 2026 and the Town's Zoning By-taw is not further amended to provide for backyard chickens, the property owner and/or appticant agrees to take at[ necessary steps to remove the chickens from their property in the Town of Smooth Rock Falts by August 31 , 2026. READ a first and second time this 15'h day of JuI 2024 MUNICIPAL CLERK - Nathatie Vachon th 2024. READ a third and finattime this b day of MAYOR - Patrick Roberts NICIPAL CLERK - Nathatie Vachon MAYOR - Patrick Roberts CORPORATION OF THE TOWN OF SMOOTH ROCK FALLS BACKYARD GHIGKEN LICENSING BY-LAW 2024-- To regul'ate and ricence tn" o".T[*,;tJ"X"-H,',: Chickens within the rown of Schedute "A" Licence Fees $ 25.00 cation tnitiaL Ap $15.00 cation RenewaI $10.00 e enc Lic to nt d n me Ame Fee Licence CORPORATION OF THE TOWN OF SMOOTH ROCK FALLS BACKYARD GHICKEN LICENSING BY-LAW 2024.- To regutate and licence the keeping of Backyard Chickens within the Town of Smooth Rock Fatl.s Schedute "B" $t oo.oo s.3.1 1 Fail, to obtain [icence $100.00 s.5.1 2 Possess more than four (4) chickens $t oo.oo s. 5.3 3 Possess a rooster $20o.oo s. 5.7 4 Permit staughtering of chickens on property $t oo.oo s.5.8 5 Permit the sate of products derived from chickens $100.00 s. 3.2 Fait to comptywith coop location setbacks 6 $100.00 s. 6.2 Permit more than one (1) cooP or outdoor run on property 7 $zoo.oo s. 6.5 9 Fait to maintain sanitary conditions $100.00 s. 6.6 Fail, to keep coop and/or outdoor run secure 1( $100.00 s.6.8 11 Fai[ to keep manure in property ful'Ly enctosed container $t oo.oo s.6.8 1 Permit storage of manure over three (3) cubic feet $t oo.oo s.6.9 Permit chickens to run at targe 13 $soo.oo s.7.2 14 Hinder or obstruct the Town, its es, officers or agents emptoye Set Fine Itern Short Form Wording Provisions Creating or Defining Offence