planning report backyard chickens - policy revie · planning report- final backyard chickens ......
Post on 06-Jun-2018
222 Views
Preview:
TRANSCRIPT
Planning Report
Backyard Chickens - Policy Review
Municipality of Trent Hills
Prepared for:
Municipality of Trent Hills
August 2011
Planning Report- Final
Backyard Chickens - Policy Review Municipality of Trent Hills CCS Project No. 1446
August 2011
Prepared for: Municipality of Trent Hills Prepared by: Clark Consulting Services
1. INTRODUCTION
Clark Consulting Services (CCS) was retainedby the Municipality of Trent Hills to conducta policy review related to the regulation of thekeeping of backyard chickens.
2. PROJECT BACKGROUND
The Municipality of Trent Hills received acomplaint on June 13, 2011 regarding sixchickens and four rabbits being kept in aresidential neighborhood in Campbellford.Currently the Municipality Zoning By-lawdoes not permit the keeping of farm animals inan urban area. The residents involvedrequested an opportunity to speak to Councilin order to request a change in regulations toenable the keeping of chickens in urban areas.A petition of 92 names in favour of keepingbackyard chickens was submitted.
The Planning Department prepared a reportto provide information on the existingPlanning Policies and Zoning regulationspertaining to keeping backyard chickens inurban areas. Currently the Trent Hills ZoningBy-law passed in 2010 does not permit farmuses in urban residential zones. In the ZoningBy-law poultry is defined in two areas. It isincluded in section 4.12 ‘Animal Agriculture’ -
“shall mean growing, producing and raising farmanimals including, without limitation a) livestockincluding equines, poultry and ratites;..”
It is also defined in section 4.8 ‘AgriculturalUses’ shall mean: b) raising livestock and otheranimals, including poultry...”.
In response to this delegation, MunicipalCouncil approved a policy review to explorethe implications of allowing the keeping ofbackyard chickens in an urban area. Acomponent of this review is a publicconsultation process with residents of theMunicipality to ascertain if they support oroppose the keeping of backyard chickens inthe urban area.
This review will include: backgroundinformation as it pertains to the keeping ofbackyard chickens - the pros and cons; areview of the regulatory tools available; a casereview of how other municipalities in Ontariohave responded to similar requests; andrecommendations including policy options forthe Municipality of Trent Hills.
3. BACKGROUND INFORMATION - BACKYARD
CHICKENS
There has been a renewed interest in urban
agriculture as people become increasinglyconcerned with food production practices,supply and safety. The term ‘urban agriculture’can include gardening, egg, meat and milkproduction. The keeping of backyard chickensis included in this trend and manymunicipalities have been considering how tobest regulate this land use. Local examples include the City of QuinteWest that recently adopted a Zoning By-lawAmendment to regulate the keeping ofbackyard hens, the City of Kingston thatinitiated a pilot project in June and; the Cityof Niagara Falls that adopted an animalcontrol by-law for the keeping of backyardhens.
For the purposes of this review, the focus willbe on the keeping of chickens in urban areas,not agricultural lands and will only considerthe keeping of backyard hens as allinformation reviewed specified a cleardistinction between hens and roosters. Mostmunicipalities with backyard chickenregulations prohibit the keeping of roosters inurban areas.
3.1 Benefits to Keeping Backyard Chickens
The background information reviewed sitedmany potential benefits for the keeping ofbackyard hens:
• locally produced food• greater control over food sources• reduction of municipal solid waste through
consumption of table scraps and otherorganic waste by hens
• food safety - better quality, fresh, nopesticides or antibiotics
• better conditions for hens in comparisonto industrial farms
• better tasting eggs• manure can be composted and used for
fertilizer• companionship• pest control • home raised agriculture avoids the energy
usage and carbon emissions typicallyassociated with transporting food
• provide lessons for children aboutresponsibility and where food comes from
• lower food bills for owners• accessible protein• global environmental sustainability begins
with local initiatives such as backyardhens
• KFL&A Public Health released a report inJune 2009 and assessed backyard hens topose no health concerns.
3.2 Disadvantages to Keeping Backyard Chickens
Opponents to backyard chickens have putforth many disadvantages associated withkeeping chickens in urban areas, including:
• Nuisances such as odours and noise.• Animal Health and Public Health -
Poultry can be a source of disease andrequire health management and veterinarycare as well as basic biosecurity measuresto minimize the occurrence and spread ofdisease.
• Attraction of predators and pests such asrodents, flies, stray dogs, coyotes, racoons,foxes etc.
• Trespassing - chickens at large.• Food Safety - unregulated sale of eggs• Slaughter of animals and disposal of dead
animals.• Animal Care - poultry need proper shelter,
water and adequate space to stay healthy.• Manure must be disposed of in a safe and
environmentally responsible manner.
Backyard Chickens- Policy Review
Municipality of Trent Hills page 2
The most cited issues associated with thekeeping of backyard chickens are complaintsfrom neighbours about noise, odour andchickens running at large. For example since1997, the City of Guelph has received 25complaints regarding backyard chickens. Several of these complaints were found to beinvalid but valid complaints were based oncoop location and chickens running at large. Most of the complaints were dealt with by theproperty owners. The City of Niagara Falls by-law was passed in 2002. According to their by-law enforcement officer, they have not hadmany complaints regarding this issue.
One conclusion of this review is that clearlydefined regulations regarding the keeping ofchickens in urban areas reduces the potentialfor complaints.
4. REGULATORY TOOLS
Municipalities regulate land use through thePlanning Act. Official plan policy, zoningprovisions and site plan control, can beutilized to regulate land use conditionsaffecting siting, compatibility, impacts on thenatural environment and, impacts oninfrastructure- sewer, water, transportation,schools etc.
The Municipal Act is another tool that can beutilized by the Municipality to regulatechickens in urban areas. Regulations can beadopted to permit the keeping of hens.Enforcement would be on the basis ofcompliance with fines for non-compliance.Permits and/or licences may be utilized tofurther regulate and track backyard chickenkeeping.
4.1 Planning Act - Official Plan
An Official Plan is a policy document whichcontains the general direction that amunicipality wishes to pursue. Policy shouldreflect the aspirations of the community as awhole. Content of an Official Plan is regulatedby the Ontario Planning Act, R.S.O. 1990.Part 3, section 16.1.
The regulation of chickens in urban areas doesnot require any changes to the Official Plan asthis use would be accessory to permittedresidential uses and could be permitted by aZoning By-law Amendment and/or an animalcontrol by-law under the Municipal Act.
4.2 Planning Act - Zoning By-law
Municipal Zoning By-laws are passed underSection 34 of the Planning Act. They grantmunicipalities the authority to regulate landuse.
Zoning By-laws can be utilized to regulate thekeeping of backyard chickens. For example,the City of Quinte West has recentlyapproved a Zoning By-law Amendment toregulate the keeping of chickens. This by-lawcontains setback requirements, limits thenumber, sex and age of chickens and the sizeof the enclosure for the housing of chickens. The specific regulations are outlined further inSection 5.1 of this report. Zoning By-laws areenforced through the By-law EnforcementOfficer usually with an order to comply and/orfine.
4.3 Municipal Act
Section 11 of the Municipal Act, grantsauthority to municipalities to pass by-laws forthe regulation of the keeping of animals.
Backyard Chickens- Policy Review
Municipality of Trent Hills page 3
Several municipalities have passed animalcontrol by-laws pertaining specifically tochickens under this Section. These by-lawscan contain setback requirements for thelocation of chicken coops and runs, limits as tothe size and construction of chicken coops andruns, limits on the number and sex ofchickens, how the coops are to be maintainedand regulations related to the storage ofmanure.
The Cities of Guelph, Niagara Falls andKingston have passed animal control by-lawsunder the Municipal Act.
The Municipal Act contains provisionsallowing municipalities to impose fines foractions in contravention of by-laws passedunder the Municipal Act. Section 429 of theMunicipal Act contains these policies andallows for fines of up to $100,000.
Another tool available under the MunicipalAct is the requirement for a permit or licenceto keep backyard chickens. This can provide ameans of tracking complaints for enforcementpurposes and providing some revenue to offsetresultant enforcement costs.
5. CASE REVIEW
CCS reviewed how several Municipalitiesregulated backyard chickens in urban areas.
5.1 City of Quinte West
The City of Quinte West approved Zoning by-law Amendments No. 11-93, 11-94 and 11-95that permit backyards hens in Trenton, Sidneyand Murray wards. The following is a summaryof the Zone Provisions for the keeping ofbackyard hens in the City of Quinte West:
• restricted to properties zoned to permitsingle family dwelling
• restricted to properties with a minimumlot area of .4 ha (1 acre)
• hen enclosure shall be located at least 3metres from side lot line and at least 1.2metres from the rear lot line
• hen enclosure shall be located at least 3metres from abutting dwellings
• hen enclosure shall be at least 7.5 m fromany church or school
• hen enclosure shall contain an enclosedroof structure and shall be no greater than3x3 metres and no greater than 4.5 metresin height
• hen enclosures shall only be located in therear yard.
In addition to the Zoning By-law Amend-ments permitting hens on properties with aminimum lot area of 1 acre, the City of QuinteWest has recently approved a pilot projectunder their animal control by-law which willpermit the keeping of backyard hens onproperties with a minimum lot area of 0.2 ha(.5 acres).
The City of Quinte West approach provides acomprehensive set of regulations for thekeeping of backyard chickens however, boththe approved Zoning By-law Amendments andthe pilot project permit the keeping of hensonly on fairly large residential properties. Thiswould not permit the keeping of backyardhens on smaller urban lots which would limitthe application of this by-law. The number ofchickens permitted in the City of Quinte Westis 4 hens over the age of 4 months. Mostchicken hatcheries ship their chickens justafter they have been hatched and as such thechicks are much less than 4 months old. Inorder to meet the 4 month age requirement,an individual would have to purchase the
Backyard Chickens- Policy Review
Municipality of Trent Hills page 4
chicks, have them raised elsewhere until theyreach 4 months when they would bepermitted. A staff member at the City ofQuinte West advised that the reasoningbehind the age requirement is to ensure thatno roosters are housed on residentialproperties.
5.2 City of Kingston
The City of Kingston began an 18 month pilotproject for the keeping of backyard hens inJune 2011. Backyard hens are regulated inKingston through the authority granted to themunicipality by the Municipal Act. The Cityof Kingston has prepared detailed regulationsfor the keeping of backyard hens which aresummarized below:
• “hen” means a domesticated femalechicken that is at least four months old.
• “hen run” means a covered secureenclosure that allows hens access tooutdoors.
• “coop” means a fully enclosedweatherproof building where hens are keptand which the interior of includes nestboxes for egg laying, perches for the hensto sleep on and food and water containers.
• “owner” includes any person whopossesses, harbours or keeps an animal orhen and, where an owner is a minor,includes the person who is responsible forthe custody of the minor.
• “at large” means, in the case of a dog beingin a place other than a property owned oroccupied by its owner and not under thecontrol of its owner or another personacting on behalf of the owner and, in thecase of a hen, means being outside a coopor run.
• license required• maximum of 6 hens
• hens must be 4 months old• roosters prohibited• tenant must obtain permission from
property owner• owner must reside on property where hens
are kept• applicants must advise their neighbours of
their intention to obtain a hen cooppermit prior to submitting application
• hens must be kept in coop from 9:00 p.m.to 6:00 a.m.
• hens must be kept in an enclosed hen runwhen not in their coop
• hen coops and hen runs must be 1.2 mfrom rear lot line and 1.2 m from any sidelot line
• hen coops and hen runs shall be located atleast 15 m from any school
• hen coops and hen runs shall be located atleast 7.5 m from any church or business
• hen coops and hen runs shall be aminimum distance of 3 m from allwindows and doors of dwellings that arelocated on an abutting property
• hen coops are not permitted in any frontor side yard
• sale of eggs, manure and other productsassociated with the keeping of hens isprohibited
• hen coops and hen runs shall bemaintained in a clean condition and thecoop shall be kept free of obnoxiousodours, substances and vermin
• stored manure shall be kept in an enclosedstructure such as a compost bin inaccordance with compost regulations, andno more than three cubic feet shall bestored at any one time
• manure shall be disposed of in accordancewith Municipal by-laws. Hen waste mustbe solid and bagged.
• home slaughter of hens is prohibited andany deceased hens shall be disposed of at a
Backyard Chickens- Policy Review
Municipality of Trent Hills page 5
livestock disposal facility or through theservices of a veterinarian.
The City of Kingston regulations, like the Cityof Quinte West regulations, prohibit thekeeping of roosters and require hens to be atleast 4 months of age. The number of henspermitted in Kingston is 6 while City ofQuinte West only permits 4 hens.
5.3 City of Niagara Falls
The City of Niagara Falls regulates chickensthrough an animal control by-law passedunder the Municipal Act. Regulations for thekeeping of chickens in Niagara Falls aresummarized below:
• no owner shall allow or permit his or herchicken to be at large
• “being at large” means to be found in anyplace other than the property of the ownerof the chicken
• no person shall keep a rooster within theurban boundary
• maximum of 10 chickens• chicken coops shall be located only in the
rear yard and must fully enclose thechickens and prevent them from escaping
• chicken coops shall be designed andconstructed to ensure proper ventilationand sufficient space for the chickens andbe maintained in accordance with goodanimal husbandry practices and shall keepall vermin out
• all dead chickens must be disposed ofimmediately and in any event, within 24hours
• must be hygienic storage and promptremoval of chicken feces
• chicken food supply must be protectedagainst vermin
• all lots housing chickens must have a
detached dwelling on it, a minimumfrontage of 40 feet and a depth of 100 feet
• chicken coop shall be located at least 25feet from the rear lot line of the lot onwhich the chicken coop is located
• the chicken coop shall be located at least15 feet from any side lot line of the lot onwhich the chicken coop is located.
This by-law contains a clause permitting a fineof up to $5,000 for contravention of the by-law.
5.4 City of Guelph
The City of Guelph has the oldest poultry by-law that we reviewed which dates back to1944. This by-law is by far the simplest by-lawreviewed containing very few regulations.
No person shall keep ducks, geese, poultry orpigeons within the limits of the City of Guelphunless kept in pens with floors, kept free fromstanding water, and regularly cleaned anddisinfected, and that such pens be a distanceof at least 50 feet from any school, church ordwelling house not including the ownersdwelling house.
This by-law contains a clause imposing a $500fine for contravening the By-law.
6. ISSUES WITH REVIEWED POLICIES
During our review of the existing by-lawsregulating backyard chickens, several issueswere identified.
The City of Kingston and City of Quinte Westby-laws require chickens be at least fourmonths old before they can be housed on aresidential lot. Hatcheries sell chicksimmediately after they are hatched. If an
Backyard Chickens- Policy Review
Municipality of Trent Hills page 6
individual wanted to begin raising chickens,they would have to purchase the chicks, takethem to a rural area to be grown to 4 monthsat which time they could be housed in a coopin an urban area. The age requirement isbased on the desire to ensure that no roostersare housed in urban areas. However, it wouldseem that this policy would be difficult toenforce as inspectors would have to be able todetermine the age of chickens. Theprohibition of roosters should be sufficient toensure that roosters are not kept within anurban area. Commercial hatcheries sell sexedchicks and if by chance a rooster is acquired byan urban dweller, once it became apparentthat the bird was a rooster, it would have to berelocated.
The municipalities reviewed, used either the Planning Act through zoning or the MunicipalAct to regulate the keeping of backyardchickens, or both. Both Acts provide theopportunity to set out regulations, however,have different means of enforcement.
7. ADDITIONAL INPUT
CCS contacted the Health Unit andOMAFRA requesting their position or policyon the keeping of backyard chickens in anurban area.
The Manager of Environmental Health of theHaliburton, Kawartha, Pine Ridge DistrictHealth Unit responded:
“The Health Unit does not have a ‘Policy’ withrespect to keeping chickens in an urban area.However, if such policy is being introduced ordebated, the Health Unit would very much like tocomment on the proposed draft from a healthperspective.
There are some communicable disease issues thatneed to be addressed. Chickens frequently carrybacteria, e.g. Salmonella and Campylobacter.These organisms can cause illness if some minorprecautions in terms of handling and cleaning arenot properly followed.
An education campaign is highly recommended onproper ways of raising chickens in backyards couldbe discussed in due course. Here are a couple oflinks for you also on this topic.
http://makingachickencoop.net/health-risks-of-raising-chickens-at-home/
http://www.cdc.gov/healthypets/pdf/intown_flocks.pdf”
In conversation with Mr. Bill Groot-Nibbelink, Livestock Regulatory AffairsSpecialist, Ontario Ministry of Agriculture,Food and Rural Affairs (OMAFRA) of theBrighton Branch, he noted that the local foodmovement trend is growing and probably notgoing away. He stated that the biggest issuesfrom the Ministry’s perspective are bio-security, care and health of chickens and the disposal of dead chickens.
Biosecurity is a serious concern to commercialagriculture. Biosecurity refers to protecting thehealth of livestock by preventing thetransmission of disease. Any disease that couldjeopardize the health of animals represents athreat to the economic viability of theindustry. Small flock, or backyard chickensneed specific conditions to stay healthy.Education and enforcement are themechanisms to ensure chicken health andwelfare. OMAFRA and the Canadian FoodInspection Agency have educationalinformation related to health of backyardflocks. Please see links:
Backyard Chickens- Policy Review
Municipality of Trent Hills page 7
http://www.inspection.gc.ca/english/anima/disemala/avflu/bacdoc/floelee.shtml
http://www.omafra.gov.on.ca/english/livestock/poultry/smallflock.html
Health and welfare of backyard flocks isdirectly related to the biosecurity as discussedabove.
Disposal of dead chickens is another concernmentioned and if the keeping of backyardchickens is permitted, should be stipulated inany regulation.
In summary, government agencies recognizethat the local food trend/urban agriculture is agrowing trend. Raising chickens in urbanbackyards so they remain healthy andproductive, requires knowledge and the properfacilities and care. With proper care, potentialissues are significantly mitigated. However, ifthe chickens are neglected resultant diseasemay have a significant impact on both humanhealth and the commercial poultry industry.
8. PUBLIC CONSULTATION FOR POLICY
DEVELOPMENT
The first step for the Municipality of TrentHills is to determine how residents feel aboutthe keeping of backyard chickens in theirMunicipality. This can be assessed through apublic consultation process that could include:a public open house, questionnaire and survey.
An important component of this processwould be education. There are manymisconceptions related to backyard chickensthat need to be addressed. At the openhouse, basic facts could be presented and thisreport could be reviewed including a summaryof the Cities of Guelph, Kingston, Quinte
West and Niagara Falls regulations. At thesame time, the draft proposed regulationscould be presented at this meeting forconsideration by residents.
Once comments are collected and the resultsreviewed, and if warranted, the draft policiescan be finalized and considered by Council.
9. POLICY RECOMMENDATIONS
If there is support from the community andCouncil, CCS would recommend, based onour review of the available regulatory tools andexisting by-laws for the regulation of chickensin urban areas, the following:
1. That Council consider the adoption of aby-law under the Municipal Act toregulate the keeping of chickens in theurban areas either on an ongoing basissubject to future repeal/amendment or ona pilot project basis for a stipulated period.
2. That the by-law contain the followingregulations:
• limit the number of chickens to 6• prohibit the keeping of roosters• no owner shall allow or permit chickens to
be at large• “being at large” means to be found in any
place other than the property of the ownerof the chicken
• chicken coops shall be located only in therear yard and must fully enclose thechickens and prevent them from escaping
• chicken coops shall be designed andconstructed to ensure properventilation/heating and sufficient space forthe chickens and maintained inaccordance with good animal husbandrypractices and shall keep all vermin out
Backyard Chickens- Policy Review
Municipality of Trent Hills page 8
• home slaughter of hens is prohibited andany deceased chickens shall be disposed ofat a livestock disposal facility or throughthe services of a veterinarian and must bedisposed within 24 hours
• must be hygienic storage and promptremoval of chicken feces
• chicken food supply must be protectedagainst vermin
• the chicken coop shall be located at least4.5 m from any side lot line of the lot onwhich the chicken coop is located.
• hen coops and hen runs must be 1.2 mfrom rear lot line
• hen coops and hen runs shall be located atleast 15 m from any school
• hen coops and hen runs shall be located atleast 7.5 m from any church or business
• hen coops and hen runs shall be aminimum distance of 3 m from allwindows and doors of dwellings that arelocated on an abutting property.
3. A permit/registry be required for coops.
4. A Zoning Bylaw Amendment would berequired to add a definition to Section 4 -Animal Agriculture - Urban to specificallydefine backyard hens.
5. Educational partnerships be explored toprovide information to potential keepers ofbackyard chickens. Municipal websitecould provide links to additionalinformation.
Sincerely;
Bob Clark, P.Eng., P.Ag., MCIP, RPP
z:\1446 Trent Hills Chicken\1446 Planning Report Final August
2011.wpd
Attachments:A. List of ReferencesB. City of Kingston By-lawC. City of Quinte West By-lawD. City of Niagara Falls By-lawE. City of Guelph By-lawF. Biosecurity Recommendations for Small
Flock Poultry
Backyard Chickens- Policy Review
Municipality of Trent Hills page 9
List of References:
Ministry of Agriculture, Food and Rural Affairs. Government of Ontario. Urban Agriculture: Livestock and Poultry- Information for Municipalities. Available online at: http://www.omafra.gov.on.ca/english/livestock/urbanagricul.html Rethink Energy London. Local Food, What can we do to promote Local Food? Available online at: www.london.ca/rethinkenergy, Urban Agriculture Kingston, April 2010. Kingston Backyard Hens: An Eggcellent Idea Whose Time Has Come- Final Report. Available online at: http://uakingston.webs.com/MIR 896 - Kingston Backyard Hens Final Report.docx and, http://queensu.ca/surp/research/keiran_miller_executive_Simmary.pdf Miller, Kieran, 2011. Queen’s University. Backyard Chicken Policy: Lessons from Vancouver, Seattle and Niagara Falls. Available online at: http://hdl.handle.net/1974/6521
Chicken Talk - Canadian Laws for Raising Urban Chickens. Available online at: http://chicken talk.org/kb/laws/ City of Vancouver. By-law 10065 to Amend Zoning and Development By-law No. 3575 Regarding Keeping Hens, June 2010. City of Vancouver, Community Services, Social Planning. Information Available online at: http://vancouver.ca/commsvcs/socialplanning/initiatives/foodpolicy/projects/chickens.htm http://vancouver.ca/commsvcs/LICANDINSP/animalcontrol/chicken/index.htm KT LaBadie. CRP 580 Spring 2008. University of New Mexico. Residential Urban Chicken Keeping: An Examination of 25 Cities. Available online at: hstrial-chickensinthe.intuitwebsites.com/Univ_of_New_Mexico_Research.pdf City of Kingston, Ontario - Regulations for Backyard Hens, June 14, 2011 City of Quinte West,Ontario -By-law #11-93, June 13, 2011 City of Niagara Falls, Ontario -By-law # 2002-129, July 15, 2002 City of Guelph, Ontario -By-law #(1985)-11952, October 21, 1985 Biosecurity Recommendation for Small Flock Poultry Owners, Factsheet, Ontario Ministry of Agriculture, Food and Rural Affairs, December 2005. Available online at: http://www.omafra.gov.on.ca/english/livestock/poultry/facts/05-079.htm
CITY OF NIAGARA FALLS
A CONSOLIDATED BY-LAW
Being By-law No. 2002 - 129 as amended by:
By-law 2002-152 and 2010-70
A by-law to provide for the control of animals within the City of Niagara Falls
WHEREAS section 210 of the Municipal Act, R.S.O. 1990 Chap. M45, as amended, provides that
by-laws may be passed for prohibiting or regulating the keeping of animals or any class thereof and for
restricting the number of animals that may be kept in or about any dwelling unit.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA
FALLS ENACTS AS FOLLOWS:
1. In this By-law:
"animal" means an animal set out in the Schedules;
"Clerk" means the Clerk of the Municipality;
"Council" means the Council of the Municipality;
"dwelling unit" means one room or a group of rooms, occupied or capable of being occupied as
the home or residence of one or more persons, and containing only one kitchen or other facility
for the preparation of meals;
"Forms" means the forms attached to this by-law which may be amended, added to or deleted
from time to time and which Forms shall form part of this by-law;
"Humane Society" means The Niagara Falls Humane Society or such other agent as the
Municipality may appoint and retain from time to time for the purposes of animal control;
"Municipality" means The Corporation of the City of Niagara Falls;
"owner" includes a person who possess or harbours an animal and "owns" has a corresponding
meaning;
"public place" includes a highway, public park and other municipal property;
"Schedules" mean the schedules attached to this by-law which may be amended, added to or
deleted from time-to-time and which Schedules shall form part of this by-law;
"Urban Boundary" means the urban boundary as set out in Schedule"G" attached to this by-law.
- 2 -
2. Those animals in the City which are prohibited or regulated in this By4aw are set out in the
Schedules attached to this By-law.
3. In the event of any conflict between the provisions of this By-law and any other general or
special by-law, the provisions of this By-law shall prevail.
4. Every person who contravenes any provision of this By-law is guilty of an offence and upon
conviction, is liable to a fine not exceeding $5,000.00.
5. If a court of competent jurisdiction should declare any section of this By-law or part thereof, or
any provision in the Schedules or Forms to be invalid, such section, part or provision in the
Schedules shall not be construed as having influenced Council to pass the remainder of the
By-law or the provision in the Schedules, and it is hereby declared that the impugned section or
provision in the Schedules shall be severable and distinct from the remainder of this By-law or
Schedules and the remainder of the By-law or Schedules shall be valid and shall remain in force.
6. By-laws No.95-237 and 99-120 are repealed.
7. The short title of this By-law is the Animal Control By-law.
Passed this 15th day of July, 2002.
DEAN IORFIDA, CITY CLERK WAYNE THOMSON, MAYOR
First Reading: July 15 , 2002th
Second Reading: July 15 , 2002th
Third Reading: July 15 , 2002.th
-3-
SCHEDULE "A"
DOGS
1. No owner shall keep more than three dogs in or about any dwelling unit.
2. Notwithstanding section 1 of this Schedule, every owner who owns more than three dogs at the
date of the passage of this By-law, may be permitted to keep the dogs on condition that the dogs
are registered in accordance with section 3 of this Schedule.
3. Within ninety days of the passage of this By-law, every owner who wishes to keep more than
three dogs in or about a dwelling unit, shall fully complete the form attached to this By-law as
Form 1, failing which the Clerk shall refuse to register the dogs.
4. Every owner who successfully registers dogs pursuant to section 3 of this Schedule shall be
entitled to keep the dogs until the dogs die or are otherwise disposed of but otherwise shall be
in full compliance with respect to the maximum number of dogs that an owner is entitled to keep
in or about a dwelling unit.
5. All registrations for dogs in accordance with this Schedule are non-transferable.
6. Notwithstanding section 1, an owner may keep more than three dogs upon filing with the Clerk
satisfactory documentation proving that the owner is a breeder registered with an association
incorporated under The Animal Pedigree Act and that all dogs are, or are eligible to be, registered
with an association incorporated under The Animal Pedigree Act.
7. (1) Notwithstanding section 1, a dog rescue group may keep more than three dogs upon
filing with the Clerk satisfactory documentation proving that the group is a bonafide dog
rescue organization, and
(2) A dog rescue group shall operate under a kennel licence.
- 4 -
SCHEDULE “B”
CATS
1. In this Schedule:
"being at large" means to be found in any place other than the property of the owner of the cat
and causing damage to property other than the property of the owner of the cat, and "be at large"
has a corresponding meaning.
2. This Schedule applies to all owners of cats in the Municipality who reside within the Urban
Boundary.
3. No owner shall allow or permit his or her cat to be at large.
4. (1) No owner of a cat shall allow or permit the cat to defecate or urinate on or in the
following places:
(a) private property, other than the property of the owner; or
(b) in any public place.
(2) The owner shall immediately and without delay, remove the excrement and provide for
its sanitary disposition.
5. (1) No owner shall keep more than three cats in or about any dwelling unit except that any
owner who, on the date of the passage of this by-law, was lawfully keeping more than
three cats may keep those cats until they have died or are otherwise disposed of.
(2) Subsection (1) does not apply to any owner who is registered as a breeder with The
Canadian Cat Association and whose cats are registered with The Canadian Cat
Association.
6. Where a cat is impounded, the owner shall pay the following expenses incurred:
(a) the expenses of taking the cat into custody;
(b) the expenses for the care of the cat;
(c) veterinarian fees; and
(d) cage rental fees.
7. (1) Every owner shall claim the cat within five days of the day on which the cat was
impounded, excluding the day of impounding, Sundays and statutory holidays.
(2) Where a cat is not claimed by its owner in accordance with subsection (1), the cat may
be adopted forthwith or disposed of or killed in a humane manner.
- 5 -
SCHEDULE “C”
CHICKENS
1. In this Schedule:
"being at large" means to be found in any place other than the property of the owner of the
chicken and "be at large" has a corresponding meaning.
2. No owner shall allow or permit his or her chicken to be at large.
3. No person shall keep a rooster are not permitted within the Urban Boundary.
4. The total number of chickens permitted within the Urban Boundary shall be as follows;
(a) On and after July 15, 2002: maximum 20 chickens
(b) On and after July 15, 2005: maximum 10 chickens
5. All chicken coops shall be located only in the rear yard and must fully enclose the chickens and
prevent them from escaping.
6. The chicken coop shall be designed and constructed to ensure proper ventilation and sufficient
space for the chickens and maintained in accordance with good animal husbandry practices and
shall keep all vermin out.
7. All dead chickens must be disposed of immediately and in any event, within 24 hours.
8. There must be hygienic storage of and prompt removal of chicken feces.
9. The chicken's food supply must be protected against vermin.
10. All lots housing chickens must have:
(1) detached dwellings on them;
(2) a frontage of at least 40 feet; and,
(3) a depth of at least 100 feet.
11. (1) The chicken coop shall be located at least 25 feet from the rear lot line of the lot on
which the chicken coop is located.
(2) The chicken coop shall be located at least 15 feet from any side lot line of the lot on
which the chicken coop is located.
- 6 -
SCHEDULE "D'
RABBITS
1. In this Schedule:
"being at large" means to be found in any place other than the property of the owner of the rabbit
and "be at large" has a corresponding meaning.
2. No owner shall allow or permit his or her rabbit to be at large
3. The total number of rabbits permitted within the Urban Boundary shall be as follows:
(a) On and after July 15, 2002: maximum 10 rabbits
(b) On and after July 15, 2005: maximum 6 rabbits
4. All rabbits must be located only in the rear yard and the rabbitry must fully enclose the rabbits
and prevent them from escaping.
5. The rabbitry must be designed and constructed to ensure proper ventilation and sufficient space
for the rabbits and maintained in accordance with good animal husbandry practices and must
keep all vermin out.
6. All dead rabbits must be disposed of immediately and in any event, within 24 hours.
7. There must be hygienic storage of and prompt removal of rabbit feces.
8. The rabbit's food supply must be secured against vermin.
9. All lots housing rabbits must have:
(a) detached dwellings on them;
(b) a frontage of at least forty feet; and,
(c) a depth of at least 100 feet.
10. (1) The rabbitry shall be located at least 25 feet from the rear lot line of the lot on which the
rabbitry is located.
(2) The rabbitry shall be located at least 15 feet from any side lot line of hte lot on which the
rabbitry is located.
- 7 -
SCHEDULE "El"
EXOTIC ANIMALS
1. In this Schedule:
"Agricultural Operation" means a business operated outside the Urban Boundary for the principal
proposes of agriculture and which involves a commitment of finances, time, size, and scope and
with a reasonable expectation of a profit;
"exotic animal" means any animal or animals of any class and classes listed on Schedule "E2"
attached to and forming part of this By-law;
"Rehabilitation Centre" means a facility established for the care and treatment of injured, sick
or orphaned animals with the objective of restoring the animals to their former capacity or
function and then returning and releasing them to their natural habitant.
2. No owner shall keep an exotic animal in the Municipality unless those animals are kept:
(a) in a Veterinary Hospital under the care of a licensed Veterinarian;
(b) on the lands and premises of the Humane Society and the Ontario Society for the
Prevention of Cruelty to Animals, and such lands and premises, as may be required by
the Humane Society or the Ontario Society for the Prevention of Cruelty to Animals, to
house or shelter exotic animals, on a temporary basis, because of space or special
requirements;
(c) on any lands and premises listed on Schedule "E3" attached to and forming part of this
By-law; or,
(d) in accordance with the provisions of this Schedule.
3. Unless otherwise permitted in this Schedule, no owner shall keep an exotic animal in the
Municipality.
4. Notwithstanding section 3, every owner who successfully registered an exotic animal pursuant
to By-law No. 95-237 shall be entitled to keep the exotic animul until the exotic animal dies or
is otherwise disposed of.
5. All registrations for exotic animals are non-transferable.
6. No person shall be required to register the keeping of an exotic animal, if the exotic animal is
kept on any of the lands and premises set out in section 2(a), (b), and (c) of this Schedule.
- 8 -
7. Exotic animals may be kept at an agricultural operation, where the agricultural operation is listed
on Schedule "E3".
8. Exotic animals may be kept on lands and premises where exotic animals are kept for public
exhibition and display as part of a commercial establishment and which lands and premises are
listed on Schedule "E3".
9. Exotic animals may be kept at a Rehabilitation Centre, where the Rehabilitation Centre is listed
on Schedule "E3".
10. Any person may apply to have any lands or premises added to Schedule "E3" by appearing before
Council and establishing to the satisfaction of Council that he or she intends to keep the exotic
animal for purposes of an agricultural operation, public exhibition and display or rehabilitation
centre.
11. Exotic animals may be temporarily kept on the lands and premises used for a circus or similar
exhibition and display of exotic animals provided that Council has given its prior approval for
the lands and premises to be used for such a circus or similar exhibition and display of exotic
animals.
- 9 -
SCHEDULE "E2"
1. The following list of animal classes shall be considered exotic animals:
(a) All venomous arachnids (such as spiders, scorpions and tarantulas);
(b) All canids (such as wolves and coyotes), except domestic dogs;
(c) All crocodilians (such as alligators and crocodiles);
(d) All felids (such as lions, tigers, and cougars), except domestic cats;
(e) All venomous reptiles;
(f) All snakes of the families Pythonidae and Boidae (such as pythons and boa constrictors);
(g) All ursids (such as bears).
2. Examples of animals of a particular class are given in parentheses and are examples only and
shall not be construed as limiting the generality of the class.
- 10 -
SCHEDULE "E3"
1. The lands and premises at 7657 Portage Road South, Niagara Falls, Ontario, being more
particularly described as follows:
"ALL AND SINGULAR those certain parcels or tracts of land and premises situate,
lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara,
and being composed of parts of Township Lots Nos. 175, 190, 191, 193, 194, 219,
220, 221,222 and 223 and parts of the original road allowances between Township
Lots Nos. 190 and 191, between Township Lots Nos. 193 and 194, between
Township Lots Nos. 220 and 221, between Township Lots Nos. 222 and 223, and
part of the original road allowance formerly known as Welland Line lying between
Township Lots Nos. 193 and 194 on the north, and Township Lots Nos. 221 and 222
on the south (all of said parts of said road allowances closed by By-law No. 293,
confirmed by By-law No. 1292, registered as Instrument No. 66579A), all in the
former Township of Stamford, County of Welland, and part of Lots 1,2 & 3, Broken
Front Concession, Welland River and part of the road allowance between Lots 2 &
3 (closed by By-law) Broken Front Concession, Welland River and parts of Lots 19
& 2 Concession 3 in the former Township of Willoughby, now in said City of
Niagara Falls, in the Regional Municipality of Niagara. As previously described in
Instrument Number 636799".
2. The lands and premises at 5400 Robinson Street, Niagara Falls, Ontario, being more
particularly described as follows:
"Lots 18, 19, 20, 21, 22 and 23, and part of Lots 1, 2, 10 and 11 Plan
270 and part Ranges 19, 20, 21, 22, and 24 Plan 1 in the Town of
Niagara Falls, now the City of Niagara Falls, in the Regional
Municipality of Niagara, as previously described in Instrument No.
460971."
3. The lands and premises at 5781 Ellen Avenue, Niagara Falls, Ontario, being more
particularly described as follows:
PT. Lots 49 to 53 & 68 to 73 inc. PL 291 Town of Niagara Falls PT. 5, 59R12574.
THE CORPORATION OF THE CITY OF GUELPH
By-Law Number (1978)-9876
A by-law to prohibit the keeping of snakes in the City of Guelph except in Research facilities and to repeal By-law Number (1973)-8337.
WHEREAS Section 354 of The Municipal Act, R.S.O. 1970, Chapter 284, provides that:
By-laws may be passed by the council of local municipalities:
1. For prohibiting or regulating the keeping of animals, or any class thereof, and for restricting the number of animals or any class thereof, and for restricting the number of animals or any class thereof that may be kept by any person within the municipality or defined areas thereof.
(a) In this paragraph “animal” includes birds and reptiles.
BE IT THEREFORE ENACTED by the Council of The Corporation of the City of Guelph as follows:
1. No person shall keep venomous or poisonous snakes, venomous or poisonous spiders or venomous or poisonous lizards;
2. No person shall house any genus of snake which is not indigenous to Canada.
3. This by-law shall not apply to premises registered as Research facilities under Section 5 of The Animals for Research Act, R.S.O. 1970, Chapter 22; Educational Facilities, Zoos and Circuses.
4. Pursuant to Section 466(1) of The Municipal Act, R.S.O. 1970, c. 284 any person convicted of a breach of this by-law shall forfeit and pay, at this discretion of the convicting Justice, a penalty or sum not exceeding $500.00 (exclusive of costs) for each offence, and the provisions of The Summary Convictions Act as provided by The Municipal Act shall apply thereto.
5. By-law Number (1973) – 8337 is hereby repealed.
PASSED this FIFTH day of SEPTEMBER, 1978.
Original Signed by: Norman Jary - Mayor
Original Signed by: W.G. Hall – Clerk
THE CORPORATION OF THE CITY OF GUELPH
By-Law Number (1985)-11952
A by-law to regulate the keeping of ducks, geese, poultry and pigeons in the City of Guelph and to repeal By-law Number 2860.
WHEREAS Section 210 of the municipal act, R.S.O. 1983, Chapter 302 provides that:
By-laws may be passed by the Council of Local Municipalities:
1. For prohibiting or regulating the keeping of animals or any class thereof within the municipality or defined areas thereof and for restricting, within the municipality or defined areas thereof,
(a) in the paragraph “animal” includes birds and reptiles.
BE IT THEREFORE ENACTED by the Council of The Corporation of the City of Guelph as follows:
1. No person shall keep ducks, geese, poultry or pigeons within the limits of The City of Guelph unless kept in pens, with floors kept free from standing water, and regularly cleaned and disinfected, and that such pens be a distance of at least 50’ from any school, church or dwelling house not including the owners dwelling house.
2. It shall be an offence to contravene any section of this By-law. Any person convicted of an offence hereunder shall be liable to a fine not less than $23 and not more than $500.
3. By-law Number 2860 is hereby repealed.
PASSED this TWENTY FIRST day of OCTOBER, 1985.
Original Signed by: Norman Jary -Mayor
Original Signed by: W.G. Hall -Clerk
THE CORPORATION OF THE CITY OF GUELPH
By-law Number (1988)-12960
A by-law to prohibit the keeping of certain kinds of animals.
WHEREAS Section 210(1) of The Municipal Act, R.S.O. 1980, Chapter 302, as amended, authorizes the council of a municipality to pass by-laws to prohibit or regulate the keeping of animals or any class thereof within the municipality or defined areas thereof;
AND WHEREAS the Council of The Corporation of the City of Guelph deems it desirable and in the public interest to pass a by-law to prohibit the keeping of exotic and non-domestic animals within the limits of the City;
NOW THEREFORE the Council of The Corporation of the City of Guelph ENACTS AS FOLLOWS:
1. Except as provided in Section 2 of this by-law, the keeping of any animal of a kind listed in Schedule “A” to this by-law anywhere in the municipality is hereby prohibited.
2. This by-law does not apply to prohibit the keeping of an animal of a kind listed in Schedule “A” to this by-law in the following places or circumstances:
(a) In a veterinary hospital under the care of a licensed veterinarian. (b) In a public pound. (c) By the Guelph Humane Society. (d) On premises registered as research facilities under Section 5 of The Animals for Research Act, R.S.O. 1980, Chapter 22. (e) On the grounds of the University of Guelph. (f) By anyone holding a licence under any statute of the Legislature of Ontario or the Governement of Canada which permits the keeping of animals under stated conditions. (g) At a circus or like performance that has been approved by the City of Guelph.(h) At the Kortright Waterfowl Park.
Any person convicted of a breach of the provisions of this by-law shall be liable upon conviction to a penalty not exceeding Two Thousand ($2,000.00) dollars, exclusive of costs, and all such penalties shall be recoverable under the Provincial Offences Act.
PASSED this NINETHEENTH day of SEPTEMBER, 1988.
Original Signed by: John Counsell -Mayor
Original Signed by: Lois A. Giles – Clerk
SCHEDULE “A”
All Marsupials (such as Kangaroos and Opossums) All Non-Human Primates (Such as Gorillas and Monkeys) All Felids, except the domestic cat All Canids, except the domestic dog All Viverrids (such as Mongooses, Civets and Gents) All Mustelids (such s Skunks, Weasels, Otters, Badgers) except the domestic ferrettAll Ursids (Bears) All Artiodactylus Ungulates, except domestic Goatrs, Sheep, Pigs and Cattle All Procyonids (such as Racoons, Coatis and Cacomistles) All Hyaenas All Pinnipedes (such as Seals, Fur Seals and Walruses) All Snakes of the Families Pythonidae and Boidae All Ratite Birds (such as Ostrichs, Rheas, Cassowaries) All Diurnal and Nocturnal Raptors (such as Eagles, Hawks and Owls) All Edentates (such as Anteaters, Sloths and Armadillos) All Bats All Crocodilians (such as Alligators and Crocodiles)
THE CORPORATION OF THE CITY OF GUELPH
By-Law Number (1997)-15548
A By-law to amend By-law Number (1988)-12960, being a By-law to prohibit the keeping of certain kinds of animals, and to adopt Municipal Code Amendment Number 198 which amends Chapter 105, Article VII “Exotic and Non-Domestic Animals” of the City of Guelph’s Municipal Code.
NOW THEREFORE THE CORPORATION OF THE CITY OF GUELPH ENACTS AS FOLLOWS:
1. THAT Clause “F” of By-law Number (1988)-12960 and Clause “F” of Section 105-29 of The Municipal Code be removed and the following Clause be substituted therefore:
“F. By anyone holding a licence or temporary or permanent loan agreement issued under appropriate Provincial or Federal Wildlife Legislation which permits the keeping of animals under stated conditions.”
2. THAT the following Clause “I” be added to By-law Number (1988)-12960 and to Section 105-29 of the Municipal Code.
“I. By any Federal or Provincial Enforcement Office.”
PASSED this SECOND day of SEPTEMBER, 1997.
Original Signed by: Joe Young – Mayor
Original Signed by: Lois A. Giles – City Clerk
Information at Your Fingertips
Alternative Livestock and
Aquaculture
Beef
Dairy
Goats
Horses
Poultry
Sheep
Swine
Veal
Animal Health, Care and Handling
Biosecurity Recommendations for Small Flock Poultry Owners
Table of Contents
1. Restrict Visitors and Observe Proper Hygiene
2. Prevent Contact with Wild Birds
3. Don't Bring Disease Home
4. Recognize and Report any Illness
People who raise poultry or gamebirds for personal or limited commercial purposes, so-called "backyard
flocks," should be aware of the risks to their birds, and to commercial poultry, from diseases such as
Avian Influenza virus. Managing these risks by preventing the introduction and spread of diseases and
other hazards is referred to as "biosecurity." The following recommendations are simple, inexpensive
ways of minimizing the risk, but can be very effective in preventing a serious disease outbreak.
Restrict Visitors and Observe Proper Hygiene
Contaminated equipment and people can introduce many disease-causing agents, such as bacteria and
viruses, to your flock. These microscopic organisms can be carried on boots, clothing and vehicles,
even if they appear clean.
! Restrict contact with your birds to those caring for them. If visitors are allowed, provide
them with clean coveralls and boots.
SHARE
Agdex#: 450/10
PublicationDate:
12/05
Order#: 05-079
LastReviewed:
12/05
History: Original Factsheet
Written by: Babak Sanei - Lead Veterinarian, Disease Prevention Poultry/OMAFRA; Paul Innes,Lead Veterinarian, Provincial Biosecurity/OMAFRA
Search
HOME ABOUT AGRICULTURE FOOD RURAL RESEARCH PUBLICATIONS NEWS CONTACTS
Skip to content Ontario.ca Français
Livestock
Topics
Explore Government
Resources
Contacts
! Do not allow people who own their own birds, or who have recently been in contact with
other birds (e.g. visiting another flock, attending a bird show), near your birds. Also,
people caring for your birds (staff or volunteers) should not have birds of their own or
attend events where birds are present. This increases the risk of introducing diseases to
your flock.
! Have separate clothing and footwear for use when dealing with your birds. These can be
kept at the entrance to the structure or enclosure.
! Wash and disinfect boots and any equipment that comes in contact with the birds or their
droppings, such as shovels, scoops and brooms. Clean cages, food and water surfaces on
a daily basis.
! Wash your hands thoroughly before and after dealing with your birds.
Prevent Contact with Wild Birds
Wild birds carry many diseases, including Avian Influenza. Minimizing contact with wild species, and their
droppings, will help protect your birds from these diseases.
! Keep your birds in a screened in area or preferably in an enclosed structure where they do
not have contact with wild birds. Screen all doors, windows and vents, and make sure
they are in good repair.
! Do not use water that may be contaminated with wild bird droppings, such as pond water,
for your birds. Test your water at least once a year. If well water is used, it is
recommended to use an appropriate water disinfectant such as chlorine.
! Keep feed in a tightly sealed container, protected from birds and rodents.
| Top of Page |
Don't Bring Disease Home
Mixing birds of different species and from different sources increases the risk of introducing disease to
your flock. It is preferable to keep only birds of similar age and species together (all in/all out).
! If multiple ages and/or species are kept, minimize contact between groups by keeping
them in separate locations.
For more information:
Toll Free: 1-877-424-1300
Local: (519) 826-4047
E-mail: ag.info.omafra@ontario.ca
! If new birds are brought back to your farm, make sure that you get their complete
background information, including a history of any diseases and vaccinations. Some
vaccines, including some of those used to control Infectious Laryngotracheitis (ILT), can
cause disease in unvaccinated birds. Consult your veterinarian regarding proper
vaccination procedures.
! If you take birds to a fair or market, or have new additions to the flock, keep them
separate from the rest of the flock (quarantined) for at least 2-4 weeks after returning
home, and monitor them for signs of illness. Clean and disinfect cages and equipment used
for these birds. Use separate clothing, footwear and equipment for isolated birds, and
handle them last. If the same equipment and clothing are used, they should be cleaned
and disinfected before and after handling the birds.
! Do not share equipment and supplies with other bird owners. Clean and disinfect before
and after using any borrowed or shared items.
Recognize and Report any Illness
Early detection is critical to successfully dealing with a disease outbreak.
! If your birds show signs of disease, such as depression, abnormal egg production or feed
consumption, sneezing, gasping, a discharge from the nose or eyes, diarrhea, or sudden
death, call your local veterinarian immediately.
! Dispose of dead birds quickly using an approved method, such as burial or composting.
Consult your veterinarian first, as he or she may wish to collect samples for laboratory
diagnosis.
Raising poultry species, either for food or as a hobby, is a part of Ontario's agricultural heritage.
However, to minimize the risks this poses to food safety and to the commercial poultry industry, bird
owners should recognize and follow good biosecurity practices.
LAST MODIFIED: APRIL 7, 2011
CONTACT US ACCESSIBILITY PRIVACY HELP © QUEEN'S PRINTER FOR ONTARIO, 2011 IMPORTANT NOTICES
top related