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The Corporation of the Township of Springwater
By-law 2020-091
Being a By-law to regulate and licence the keeping of Backyard Chickens within
the Township of Springwater
(Backyard Chickens Licensing By-law)
Whereas Section 5(3) of the Municipal Act, 2001, S.O. 2002, c.25, as amended,
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 the
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 services 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 Township of Springwater directed
staff at their February 5, 2020 meeting through Resolution C022-2020, to undertake a
limited Backyard Chicken pilot project for a three year period through preparation of a
temporary use zoning by-law and preparation of a licensing by-law;
And Whereas Council provided direction at the September 28, 2020 Backyard
Chickens Licensing Workshop on key provisions that should be included in the licensing
by-law;
And Whereas the Council of the Corporation of the Township of Springwater deems it
expedient, necessary and in the public interest to regulate the keeping of backyard
chickens in accordance with the Township's Zoning By-law, as amended, for the
purpose of public health and safety.
Now Therefore the Council of the Corporation of the Township of Springwater enacts
as follows:
By-law 2020-091
Page 2 of 13
1.
Definitions
"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
dwelling on the same lot, and does not include accessory livestock, or agricultural uses
otherwise defined by the Township of Springwater's Zoning By-law.
"Clerk" means the Clerk of the Corporation of the Township of Springwater or their
designate.
"Coop" means a fully enclosed weatherproof and ventilated building where hens are
kept and which the interior of includes nest boxes for egg laying, perches for the hens to
sleep on, and food and water containers.
"Council" means the Council of the Corporation of the Township of Springwater.
"Dwelling" means one or more rooms in a building, designed as, or intended as, or
capable of being used or occupied as a single independent housekeeping unit and
containing living, sleeping, sanitary and food preparation facilities or facilities for the
installation of kitchen equipment and has an independent entrance. For the purpose of
this By-law, a dwelling unit does not include any commercial accommodation or a
recreational trailer.
"Hen" means a domesticated female chicken that is at least four months old.
"Licence" means a licence issued under this By-law.
"Officer" means a Police Officer or an Animal Control Officer, a By-law Enforcement /
Municipal Law Enforcement Officer for the Township of Springwater, or anyone working
under his/her authority.
"Outdoor Run" means an area enclosed by wire screen intended for permitting a hen
or hens to be outdoors.
"Property" means a parcel of land and any buildings or other structures on the land.
"Property Owner" means the registered owner(s) of a property within the Township of
Springwater.
"Slaughtering" means the killing of livestock for purposes that include the use of meat
for food.
"Tenant" means a person who rents or leases a dwelling from a landlord.
"Township" means the Corporation of the Township of Springwater.
"Zoning By-law" means a by-law passed under Section 34 of the Planning Act that
restricts the use of land in the Township of Springwater.
By-law 2020-091
Page 3 of 13
2.
Administration
2.1
The Corporation of the Township of Springwater is responsible for the
administration and enforcement of this by-law.
2.2
The provisions of this By-law shall apply to the keeping of Backyard Chickens in
accordance with the Zoning By-law within the boundaries of the Township of
Springwater.
Pilot Project Duration
2.3
The pilot project is for a period of three (3) years, commencing October 7, 2020
and ending on October 7, 2023. If the pilot project is not continued beyond
October 7, 2023 and the Township's Zoning By-law is not further amended to
provide for backyard chickens, the property owner and/or applicant agrees to
take all necessary steps to remove the hens from their property in the Township
of Springwater by October 7, 2023.
2.4
The Owner and/or applicant understands and agrees that upon notice, the
Township may revoke the licence/permission to keep hens in the Township
anytime during the pilot program, and the keeping of hens after this date is an
offence under the by-law as set out in Schedule "B".
3.
Application for Backyard Chicken Licence
3.1
No person shall keep backyard chickens pursuant to this By-law, unless that
person has submitted an application and receives a licence from the Township
of Springwater.
3.2
The applicant/owner of the backyard chickens must reside on the property
where the backyard chickens/hens are kept.
3.3
An application for such licence must be signed by the applicant and/or landowner
and shall include, but is not limited to, the following mandatory fields and
declarations:
1) Applicant information including name, address (mailing and physical), postal
code, and telephone number and email address;
2) Property Owner's information including name, address (mailing and physical),
postal code, and telephone number and email address;
3) Site sketch/plan illustrating the location and size of the coop and manure storage
area on the property, complying with the coop regulations set out in the By-law;
4) Checklist of specific regulations contained in the By-law confirmed by the
applicant; and,
5) A declaration that the applicant:
By-law 2020-091
Page 4 of 13
a) Reviewed the Resource Kit titled "Keeping Your Birds Healthy" distributed
by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA);
b) Reviewed the OMAFRA Factsheet titled "Biosecurity Recommendations
for Small Flock Poultry Owners";
c) Reviewed OMAFRA Factsheet titled "Small Flock Poultry: Raising Healthy
Birds";
d) Reviewed the OMAFRA Factsheet titled "Rodent Control in Livestock and
Poultry Facilities";
e) Reviewed the Ministry of Health Factsheet titled "Keeping your family
healthy with backyard poultry, including chicks and ducklings";
f) Will provide suitable housing and shelter for the backyard chickens in their
care and will maintain such housing in a clean and wholesome state,
having regard for Biosecurity Recommendations for Small Flock Chicken
Owners;
g) Will provide the backyard chickens 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,
h) Will abide by the regulations contained within the Backyard Chickens
Licensing By-law.
3.4
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 applicants are to review as outlined
above in section 3.3, based on new information provided and/or recommended
by OMAFRA and the Ministry of Health.
3.5
Tenants must obtain written permission from the property owner to keep
backyard chickens on the owner's property.
3.6
The applicant will provide to the Township proof of vaccination of the hen(s) to be
kept on the property within thirty (30) days of receiving approval of the
application/licence. The Township may revoke the licence if the applicant fails to
submit proof of vaccination.
3.7
Every application for a backyard chicken licence shall be submitted to the
Township on the form provided (application form or renewal form), together with
the annual licence fee as outlined in Schedule "A" to this By-law. Every licence
issued pursuant to this By-law shall expire on the 31st day of December for the
year in which it was issued for. Applicants are required to renew their licence
annually to keep backyard chickens.
By-law 2020-091
Page 5 of 13
Initial Application
3.8
An initial application shall be submitted by all new applicants for any property
proposing to receive a licence, providing all the required documentation as
outlined in section 3.3 of this By-law.
3.9
A change in occupancy or ownership of the property shall make the Backyard
Chicken Licence null and void. The new occupant and/or owner shall submit a
new initial application, not a renewal application.
Renewal Application
3.10 For applicants who have submitted an initial application for a property and
received a licence, in the following years if no changes have been made since
the initial application was submitted for that property, the applicant may submit a
renewal application and the prescribed fee, to be issued the annual licence.
3.11 The renewal application and applicable licence fee shall be submitted by January
31st of the year in which the licence is to be issued. Failure to do so may result in
the Township issuing a fine for failure to obtain a licence.
3.12 If an applicant submitted an initial application and received a licence, but has not
submitted a renewal application in the two (2) years following the expiration of
the initial licence, the applicant will be required to submit an initial application
again and not a renewal.
General
3.13 Every application for a licence will be reviewed to determine whether it meets the
requirements of this By-law. Part of this review will include circulation to
applicable departments.
3.14 These departments as part of their review, may require an inspection of the
property, other than a room or place used as a dwelling.
3.15 If it is determined that an application meets the requirements of this By-law, the
Township will issue the licence once the licence fee has been paid in accordance
with the fees set out in Schedule "A" of this By-law.
3.16 If it is determined that an application does not meet the requirements of this By-
law, the Township will refuse to issue the licence and will refund the licence fee.
3.17 If at any time the Township determines, as a result of evidence that is provided,
that the operation of a backyard chicken/hen coop does not conform to the
requirements of this By-law, it may suspend or revoke the licence.
By-law 2020-091
Page 6 of 13
3.18 ln the event of any changes to the conditions to which the licence approval
was based on, the applicant shall notify the Township immediately of the
changes and may be required to submit additional information, including but not
limited to a new site sketch/plan of the coop location.
3.19 As outlined in section 2.3 of this By-law, licences will not be issued past October
7, 2023 ending the three (3) year pilot project, unless Council of the Township
of Springwater permits backyard chickens beyond the completion of the pilot
project and amends the Township's Zoning By-law to provide for backyard
chickens.
4.
Property Regulations
4.1
A person is not eligible for a Backyard Chicken licence or the renewal of such
licence unless:
1) The use or proposed use conforms with the Township's Zoning By-law and zone
provisions that apply to the property;
2) The property conforms to all applicable law, including the Health Protection and
Promotion Act, laws regarding animal cruelty, and the Fire Protection and
Prevention Act.
5.
Backyard Chickens/Hen Regulations
5.1
A maximum of four (4) backyard chickens/hens shall be allowed on each
permitted property.
5.2
All backyard chickens/hens shall be at least four (4) months old.
5.3
The keeping of roosters is strictly prohibited.
5.4
All deceased backyard chickens/hens shall be disposed of promptly in a sanitary
manner.
5.5
The slaughtering of backyard chickens/hens on the property is prohibited.
5.6
The selling of eggs, manure, meat or other products derived from backyard
chickens/hens is prohibited.
6.
Backyard Chicken/Hen Coop Regulations
6.1
Within a settlement area as defined by the Township's Zoning By-law, no
backyard chicken/hen coop (including manure storage area) or outdoor run, shall
be located within:
1) The intake Protection Zone - 1 (IPZ-1) or Well Head Protection Area (WHPA)
with a vulnerability score of 10, as defined by the Township's Source Water
Protection mapping;
By-law 2020-091
Page 7 of 13
2) A front yard or exterior side yard;
3) 3 m of any dwelling;
4) 1.2 m of any lot line;
5) 1.5 m of any structure;
6) 3 m from and downgradient of any well location to avoid potential water
source contamination;
7) 3 m of any private sewage system (including tile bed); and,
8) 15 m of any lot line on which a school is located.
6.2
Outside of a settlement area as defined by the Township's Zoning By-law, no
backyard chicken/hen coop (including manure storage area) or outdoor run, shall
be located within:
1) The intake Protection Zone - 1 (IPZ-1) or Well Head Protection Area (WHPA)
with a vulnerability score of 10, as defined by the Township's Source Water
Protection mapping;
2) A front yard or exterior side yard;
3) 5 m of any dwelling;
4) 3 m of any lot line;
5) 3 m of any structure;
6) 3 m from and downgradient of any well location to avoid potential water
source contamination;
7) 3 m of any private sewage system (including tile bed); and,
8) 15 m of any lot line on which a school is located.
General
6.3
A maximum of one (1) backyard chicken/hen coop and one (1) outdoor run shall
be permitted per property.
A backyard chicken/hen coop shall be provided that has:
1) A maximum ground floor area of 9.0 m²
2) At least 0.37 m² of floor area for each hen;
3) A maximum height of 4.5 m.
By-law 2020-091
Page 8 of 13
6.4
The backyard chicken/hen coop and manure storage area, exclusive of the
outdoor enclosure, shall not cumulatively exceed an area if 10 m².
6.5
All backyard chicken/hen coops shall be a fully enclosed weatherproof structure
or enclosure with ventilation and a heat source, built to prevent any rodent(s)
from harbouring underneath or within its walls and to prevent entrance by any
other animal. The interior shall include:
1) At least one nest box for egg laying;
2) At least one perch giving 0.3 m of space per hen;
3) At least one food and water container.
6.6
The backyard chicken/hen coop shall have a heat source that is a Canadian
Standards Association (CSA) rated product and meets the Electrical Safety
Authority (ESA) standards upon installation. It is the owner's responsibility to
follow the manufacturer's instructions for the heat source to ensure proper use.
6.7
All backyard chicken/hen coops must be kept in a clean and sanitary condition at
all times, free of vermin, obnoxious smells and substances and in good repair.
6.8
All backyard chicken/hen coops and outdoor runs shall be secured against the
entry of predators.
6.9
Backyard chickens/hens must be provided with food and clean water at all times,
shelter, light, and ventilation to assist in keeping the hens in good health. Food
and water shall be kept in solid, rodent proof and weather proof containers.
Uneaten feed shall be removed in a timely manner.
6.10 All stored manure shall be covered by a fully enclosed container. No more than
three (3) cubic feet of manure shall be stored. All other manure not used for
composting or fertilizing shall be removed daily from the hen coop and outdoor
run.
6.11 All backyard chickens/hens must be kept securely in a coop or outdoor run at all
times. Backyard chickens are not permitted to run at large.
6.12 The backyard chicken/hen coop must be locked from sunset to sunrise.
7.
Right of Entry
7.1
Every person who holds a Backyard Chicken licence shall allow, at any
reasonable time, a Municipal Law Enforcement Officer or other authorized
employee or agent of the Township to inspect the property, other than any room
or place used as a dwelling, to determine whether all requirements of this By-
law are being complied with.
By-law 2020-091
Page 9 of 13
7.2
No person shall obstruct or hinder or attempt to obstruct or hinder a Municipal
Law Enforcement Officer or other authorized employee or agent of the Township
in the exercise of a power or the performance of a duty under this By-law.
8.
Offence and Penalty Provisions
8.1
Every person who contravenes any of the provisions of this by-law shall be guilty
of an offence and upon conviction is liable to a fine pursuant to the Provincial
Offences Act, R.S.O. 1990, c. P. 33, as amended.
8.2
If this By-law 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 penalty that is imposed, make an order prohibiting
the continuation or repetition of the offence by the person convicted.
9.
Severability
9.1
It is hereby declared that notwithstanding any section, subsections, clause,
paragraph or provision of the By-law or parts thereof, may be declared by a court
of competent jurisdiction to be invalid, unenforceable, illegal or beyond the
powers of Council to enact, such section or section or parts thereof shall be
deemed to be severable and shall not affect the validity or enforceability of any
other provisions of the By-law as a whole or part thereof and all other sections of
the By-law shall be deemed to be separate and independent therefrom and
enacted as such.
9.2
Whenever any reference is made in this By-law to a statute of the Legislature of
the Province of Ontario, such reference shall be deemed to include all
subsequent amendments to such statute and all successor legislation to such
statute.
10.
Force and Effect
10.1 This By-law shall take force and effect upon final passage hereof.
10.2 The Backyard Chickens pilot project is for a period of three (3) years,
commencing October 7, 2020 and ending on October 7, 2023. If the pilot project
is not continued beyond October 7, 2023 and the Township's Zoning By-law is
not further amended to provide for backyard chickens, the property owner and/or
applicant agrees to take all necessary steps to remove the hens from their
property in the Township of Springwater by October 7, 2023.
By-law 2020-091
Page 10 of 13
Read a First, Second and Third Time and Finally Passed this 18th day of
November, 2020.
_________________________________
Don Allen, Mayor
_________________________________
Renée Ainsworth, Clerk
By-law 2020-091
Page 11 of 13
The Corporation of the Township of Springwater
Backyard Chickens Licensing By-law 2020-091
To regulate and licence the keeping of Backyard Chickens within the Township of
Springwater
Schedule "A"
Licence Fees
Licence Type
Fee (annual)
Initial Application
$25.00
Renewal Application
$10.00
By-law 2020-091
Page 12 of 13
The Corporation of the Township of Springwater
Backyard Chickens Licensing By-law 2020-091
To regulate and licence the keeping of Backyard Chickens within the Township of
Springwater
Schedule "B"
Part I Provincial Offences Act
Item
Short Form Wording
Provisions Creating or
Defining Offence
Set Fine
1
Fail to obtain licence
s. 3.1
$205.00
2
Possess more than four (4)
chickens
s. 5.1
$205.00
3
Possess a rooster
s. 5.3
$205.00
4
Permit slaughtering of chickens
on property
s. 5.5
$305.00
5
Permit the sale of products
derived from chickens
s. 5.6
$205.00
6
Fail to comply with coop location
setbacks within settlement areas
s. 6.1
$205.00
7
Fail to comply with coop location
setbacks outside of settlement
areas
s. 6.2
$205.00
8
Permit more than one (1) coop or
outdoor run on property
s. 6.3
$205.00
9
Fail to comply with permitted size
of coop and manure storage area
s. 6.4
$205.00
10
Fail to maintain sanitary
conditions
s. 6.7
$305.00
11
Fail to keep coop and/or outdoor
run secure
s. 6.8
$205.00
12
Fail to keep manure in proper
fully enclosed container
s. 6.10
$205.00
By-law 2020-091
Page 13 of 13
Item
Short Form Wording
Provisions Creating or
Defining Offence
Set Fine
13
Permit storage of manure over
three (3) cubic feet
s. 6.10
$205.00
14
Permit chickens to run at large
s. 6.11
$205.00
15
Hinder or obstruct the Township,
its employees, officers or agents
s. 7.2
$400.00
Note: The general penalty provision for the offences listed above is Section 8.1 of
By-law 2020-091, a certified copy of which has been filed.