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The Corporation
of the
Township
of Stone
Mills
By-Law 2020-1021
Being A By-law to provide for the Licensing and Control of Backyard Hens
in The Corporation of the Township of Stone Mills.
WHEREAS Sections 103 and 105 of the Municipal Act R.S.O. 2001, S.O.
2001, c. 25, as amended authorizes a lower tier municipality to pass By-
laws with respect to animals.
AND WHEREAS the Council of the Corporation of the Township of Stone
Millsdeems it expedient to pass a_By-law for this purpose;
NOTWITHSTANDING
the
provisions
contained
herein
are
not
to
contravene
Building By-law 2008-40 or Zoning By-law 2014-744, as
amended or their predecessor.
NOW THEREFOREthe Council of The Corporation of the Township of Stone
Millsenacts as follows:
1.0
DEFINITIONS:
1.1In this By-law,
"Agricultural
Property"
means a property
that
is zoned to permit
agricultural use in the Township of Stone MillsZoning By-law;
"Animal"
means any member of the animal kingdom, other than a
human;
"At Large" means a Hen being outside a coop or Hen run;
"By--lawEnforcement
Officer" means an authorized employee or agent
of the Township of Stone Millswho is responsible for the enforcement of
the provisions of this By-law;
"Chief Building Official" means the Chief Building Official appointed by
By-law of the Township of Stone Millsfor the purposes
of enforcement of
the Act;
"Coop" means a fully enclosed weatherproofed
building where Hens are
kept and which the interior includes nest boxes for egg laying, perches for
the hens to sleep on and food and water containers."
"Council" means the Council of the Township of Stone Mills;
"Deputy
Clerk"
means the
Deputy Clerk of the Corporation of the
Township of Stone Mills;
"Dwe|ling"
means a self-contained residential unit;
"Hen" means a female chicken kept for its eggs or meat over 4 months of
age.
"Hen Run" means covered secure enclosure that allows hens' access to
outdoors."
"Livestock"
includes cattle, fur--bearinganimals, goats, horses, sheep,
pigs, donkeys and other animals, except for poultry, that are kept for
agricultural purposes;
"Owner" includesany person who possesses, harbours 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."
"Pou|try"
includes game birds and roosters but does not include any bird
sold as a household pet or a Hen.
"Property"
means a parcel of land and any buildings or other structures
on the land;
"Residential
Property"
means a property that is zoned to permit a
residential use in the Township of Stone MillsZoning By-law;
"Rooster"
means a male chicken kept for its meat
or fertilization
purposes;
"Zoning
By--law" means a by--lawpassed
under Section 34 of the
Planning Act that restricts the use of lands within the Township of Stone
Mills.
2.0
ADMINISTRATION:
2.1The Corporation of the Township of Stone Millsis responsible for the
administration and enforcement of this By-law.
3.0
GENERAL PROVISIONS:
Hen Coop Regulations
The following provisions apply to residential properties which in accordance
with the Township of Stone MillsZoning By-law permit residential uses.
(a)The
keeping of Hens shall only be permitted on properties zoned to
permit residential uses. Tenants must obtain permission from the property
owner to keep Hens on the owner's property;
(b)The owner of the Hens must reside on the property where the Hens
are kept;
(c) Hens shall be kept in their coops between dusk to dawn;
(d) Hen coops and Hen runs shall be maintained in a clean'condition and
the coop shall be kept free of obnoxious odours, substances and vermin;
(e) Stored manure shall be kept in an enclosed structure such as a compost
bin in accordance with compost regulations, and no more than three cubic
feet shall be stored at any one time;
(f) Stored manure must be managed in a manner which willnot cause an
adverse effect, as de?ned by the Environmental Protection Act (1990) in
subsection 14(1) (or any amendments hereto);
(g) If negative conditions arise as a result of manure storage, the manure
storage shall be emptied at an appropriate off-site disposal area;
(h) Notwithstanding the above, the provisions of Section 3.0 do not apply
to properties zoned to permit agricultural uses within Township of Stone
MillsZoning By-law.
3.1
Hamlets
In accordance with the Township of Stone MillsOfficial Plan, if the
subject
property
is designated
'Hamlet', a maximum of 6 Hens are
permitted on an individualproperty.
(a) Roosters are prohibited
(b) Coops and Hen runs shall be constructed so that Hens are contained at
all times
(c) Hens shall be contained within either the coop or Hen run at all times
(d) No Hen shall be permitted to be at large
(e) Notwithstanding, Section 1 of this By-law, the maximum number of
Hens, regardless of age, permitted within a Hamlet shall be 6 Hens.
3.2
Rural Area
In accordance with the Township of Stone MillsOfficialPlan, ifthe subject
property is located within the 'Rural Area', a maximum of 18 Hens are
permitted on an individualproperty.
(a) Roosters are permitted
4.0
Setbacks
The following provisions apply to coops and Hen runs on all properties
within the Township of Stone Mills:
(a) 1.2 metres from rear lot lines;
(b) 1.2 metres from interior side lot lines;
(c) No closer to the front lot line than the front wall of the principle
building;
(d) Notwithstanding Section 4.0(c), coops and Hen runs may be permitted
within front yards should the minimum front yard setback requirement be
complied with and visual screening obstructs visibilityfrom the public road
allowance;
(e) 30.0 metres from a waterbody;
(f) 7.5 metres from a church or commercial business;
(g) 15.0 metres from a school or an area zoned to permit institutional uses;
(h) 15.0 metres from drilled wells with a casing extending a minimum of
6.0 metres in depth and a minimum of 30 meters from blasted / dug wells;
(i) 3.0 metres from all windowsand doors of dwellings located on adjacent
separately conveyable parcels.
5.0 Permission
& Enforcement
5.1 Every person who operates a Hen coop shall allow, at any reasonable
time, a By--lawEnforcement Officer or other authorized employee or agent
of the Township of Stone Millsto inspect the property, other than any room
or place used as a dwelling, to determine whether all requirements of this
By-law are being compiled with;
5.2
No person shall obstruct or hinder or attempt to obstruct or
hinder a By--lawEnforcement Officer or other authorized employee or agent
of the municipality in the exercise of a power or the performance of a duty
under this By--law.
5.3This By--lawshall be enforced by the Municipal By-law Enforcement
Officer.
6.0
Validity:
6.1If a court of competent jurisdiction declares any provisions, or any part
of a provision, of this By-lawto be invalid,or to be of no force and effect,
it is the intention of Council in enacting this By-law that each and every
provision of this By-law authorized by law be applied and enforced in
accordance with its terms to the extent possible according to law.
7.0
Commencement:
7.1This By-law shall be deemed to have come into effect following third
reading and adoption by the Council of The Corporation of the Township
of Stone Mills.
This By-law having been read a first, second and third time is hereby
adopted this 10th day of August, 2020.
駥u
ric Smit , Reeve
Bry
Brooks,"cIO/Clerk