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 retained
by the Municipality of Trent Hills to conduct
a policy review related to the regulation of the
keeping of backyard chickens.
“shall mean growing, producing and raising farm
animals including, without limitation a) livestock
including equines, poultry and ratites;..”
It is also defined in section 4.8 ‘Agricultural
Uses’ shall mean: b) raising livestock and other
animals, including poultry...”.
2. PROJECT BACKGROUND
The Municipality of Trent Hills received a
complaint on June 13, 2011 regarding six
chickens and four rabbits being kept in a
residential neighborhood in Campbellford.
Currently the Municipality Zoning By-law
does not permit the keeping of farm animals in
an urban area. The residents involved
requested an opportunity to speak to Council
in order to request a change in regulations to
enable the keeping of chickens in urban areas.
A petition of 92 names in favour of keeping
backyard chickens was submitted.
The Planning Department prepared a report
to provide information on the existing
Planning Policies and Zoning regulations
pertaining to keeping backyard chickens in
urban areas. Currently the Trent Hills Zoning
By-law passed in 2010 does not permit farm
uses in urban residential zones. In the Zoning
By-law poultry is defined in two areas. It is
included in section 4.12 ‘Animal Agriculture’ -
In response to this delegation, Municipal
Council approved a policy review to explore
the implications of allowing the keeping of
backyard chickens in an urban area. A
component of this review is a public
consultation process with residents of the
Municipality to ascertain if they support or
oppose the keeping of backyard chickens in
the urban area.
This review will include: background
information as it pertains to the keeping of
backyard chickens - the pros and cons; a
review of the regulatory tools available; a case
review of how other municipalities in Ontario
have responded to similar requests; and
recommendations including policy options for
the Municipality of Trent Hills.
3. BACKGROUND INFORMATION - BACKYARD
CHICKENS
There has been a renewed interest in urban
agriculture as people become increasingly
concerned with food production practices,
supply and safety. The term ‘urban agriculture’
can include gardening, egg, meat and milk
production. The keeping of backyard chickens
is included in this trend and many
municipalities have been considering how to
best regulate this land use.
Local examples include the City of Quinte
West that recently adopted a Zoning By-law
Amendment to regulate the keeping of
backyard hens, the City of Kingston that
initiated a pilot project in June and; the City
of Niagara Falls that adopted an animal
control by-law for the keeping of backyard
hens.
For the purposes of this review, the focus will
be on the keeping of chickens in urban areas,
not agricultural lands and will only consider
the keeping of backyard hens as all
information reviewed specified a clear
distinction between hens and roosters. Most
municipalities with backyard chicken
regulations prohibit the keeping of roosters in
urban areas.
3.1 Benefits to Keeping Backyard Chickens
The background information reviewed sited
many potential benefits for the keeping of
backyard hens:
• locally produced food
• greater control over food sources
• reduction of municipal solid waste through
consumption of table scraps and other
organic waste by hens
• food safety - better quality, fresh, no
pesticides or antibiotics
• better conditions for hens in comparison
to industrial farms
Backyard Chickens- Policy Review
Municipality of Trent Hills
• better tasting eggs
• manure can be composted and used for
fertilizer
• companionship
• pest control
• home raised agriculture avoids the energy
usage and carbon emissions typically
associated with transporting food
• provide lessons for children about
responsibility and where food comes from
• lower food bills for owners
• accessible protein
• global environmental sustainability begins
with local initiatives such as backyard
hens
• KFL&A Public Health released a report in
June 2009 and assessed backyard hens to
pose no health concerns.
3.2 Disadvantages to Keeping Backyard Chickens
Opponents to backyard chickens have put
forth many disadvantages associated with
keeping chickens in urban areas, including:
• Nuisances such as odours and noise.
• Animal Health and Public Health Poultry can be a source of disease and
require health management and veterinary
care as well as basic biosecurity measures
to minimize the occurrence and spread of
disease.
• Attraction of predators and pests such as
rodents, 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.
page 2
The most cited issues associated with the
keeping of backyard chickens are complaints
from neighbours about noise, odour and
chickens running at large. For example since
1997, the City of Guelph has received 25
complaints regarding backyard chickens.
Several of these complaints were found to be
invalid but valid complaints were based on
coop location and chickens running at large.
Most of the complaints were dealt with by the
property owners. The City of Niagara Falls bylaw was passed in 2002. According to their bylaw enforcement officer, they have not had
many complaints regarding this issue.
One conclusion of this review is that clearly
defined regulations regarding the keeping of
chickens in urban areas reduces the potential
for complaints.
4.
REGULATORY TOOLS
Municipalities regulate land use through the
Planning Act. Official plan policy, zoning
provisions and site plan control, can be
utilized to regulate land use conditions
affecting siting, compatibility, impacts on the
natural environment and, impacts on
infrastructure- sewer, water, transportation,
schools etc.
The Municipal Act is another tool that can be
utilized by the Municipality to regulate
chickens in urban areas. Regulations can be
adopted to permit the keeping of hens.
Enforcement would be on the basis of
compliance with fines for non-compliance.
Permits and/or licences may be utilized to
further regulate and track backyard chicken
keeping.
4.1 Planning Act - Official Plan
An Official Plan is a policy document which
contains the general direction that a
municipality wishes to pursue. Policy should
reflect the aspirations of the community as a
whole. Content of an Official Plan is regulated
by the Ontario Planning Act, R.S.O. 1990.
Part 3, section 16.1.
The regulation of chickens in urban areas does
not require any changes to the Official Plan as
this use would be accessory to permitted
residential uses and could be permitted by a
Zoning By-law Amendment and/or an animal
control by-law under the Municipal Act.
4.2 Planning Act - Zoning By-law
Municipal Zoning By-laws are passed under
Section 34 of the Planning Act. They grant
municipalities the authority to regulate land
use.
Zoning By-laws can be utilized to regulate the
keeping of backyard chickens. For example,
the City of Quinte West has recently
approved a Zoning By-law Amendment to
regulate the keeping of chickens. This by-law
contains setback requirements, limits the
number, sex and age of chickens and the size
of the enclosure for the housing of chickens.
The specific regulations are outlined further in
Section 5.1 of this report. Zoning By-laws are
enforced through the By-law Enforcement
Officer usually with an order to comply and/or
fine.
4.3 Municipal Act
Section 11 of the Municipal Act, grants
authority to municipalities to pass by-laws for
the regulation of the keeping of animals.
Backyard Chickens- Policy Review
Municipality of Trent Hills
page 3
Several municipalities have passed animal
control by-laws pertaining specifically to
chickens under this Section. These by-laws
can contain setback requirements for the
location of chicken coops and runs, limits as to
the size and construction of chicken coops and
runs, limits on the number and sex of
chickens, how the coops are to be maintained
and regulations related to the storage of
manure.
The Cities of Guelph, Niagara Falls and
Kingston have passed animal control by-laws
under the Municipal Act.
The Municipal Act contains provisions
allowing municipalities to impose fines for
actions in contravention of by-laws passed
under the Municipal Act. Section 429 of the
Municipal Act contains these policies and
allows for fines of up to $100,000.
Another tool available under the Municipal
Act is the requirement for a permit or licence
to keep backyard chickens. This can provide a
means of tracking complaints for enforcement
purposes and providing some revenue to offset
resultant enforcement costs.
5. CASE REVIEW
CCS reviewed how several Municipalities
regulated backyard chickens in urban areas.
5.1 City of Quinte West
The City of Quinte West approved Zoning bylaw Amendments No. 11-93, 11-94 and 11-95
that permit backyards hens in Trenton, Sidney
and Murray wards. The following is a summary
of the Zone Provisions for the keeping of
backyard hens in the City of Quinte West:
Backyard Chickens- Policy Review
Municipality of Trent Hills
• restricted to properties zoned to permit
single family dwelling
• restricted to properties with a minimum
lot area of .4 ha (1 acre)
• hen enclosure shall be located at least 3
metres from side lot line and at least 1.2
metres from the rear lot line
• hen enclosure shall be located at least 3
metres from abutting dwellings
• hen enclosure shall be at least 7.5 m from
any church or school
• hen enclosure shall contain an enclosed
roof structure and shall be no greater than
3x3 metres and no greater than 4.5 metres
in height
• hen enclosures shall only be located in the
rear yard.
In addition to the Zoning By-law Amendments permitting hens on properties with a
minimum lot area of 1 acre, the City of Quinte
West has recently approved a pilot project
under their animal control by-law which will
permit the keeping of backyard hens on
properties with a minimum lot area of 0.2 ha
(.5 acres).
The City of Quinte West approach provides a
comprehensive set of regulations for the
keeping of backyard chickens however, both
the approved Zoning By-law Amendments and
the pilot project permit the keeping of hens
only on fairly large residential properties. This
would not permit the keeping of backyard
hens on smaller urban lots which would limit
the application of this by-law. The number of
chickens permitted in the City of Quinte West
is 4 hens over the age of 4 months. Most
chicken hatcheries ship their chickens just
after they have been hatched and as such the
chicks are much less than 4 months old. In
order to meet the 4 month age requirement,
an individual would have to purchase the
page 4
chicks, have them raised elsewhere until they
reach 4 months when they would be
permitted. A staff member at the City of
Quinte West advised that the reasoning
behind the age requirement is to ensure that
no roosters are housed on residential
properties.
5.2 City of Kingston
The City of Kingston began an 18 month pilot
project for the keeping of backyard hens in
June 2011. Backyard hens are regulated in
Kingston through the authority granted to the
municipality by the Municipal Act. The City
of Kingston has prepared detailed regulations
for the keeping of backyard hens which are
summarized below:
• “hen” means a domesticated female
chicken that is at least four months old.
• “hen run” means a covered secure
enclosure that allows hens access to
outdoors.
• “coop” means a fully enclosed
weatherproof 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.
• “owner” includes any 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.
• “at large” means, in the case of a dog being
in a place other than a property owned or
occupied by its owner and not under the
control of its owner or another person
acting on behalf of the owner and, in the
case of a hen, means being outside a coop
or run.
• license required
• maximum of 6 hens
Backyard Chickens- Policy Review
Municipality of Trent Hills
• 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 coop
permit 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 run
when not in their coop
• hen coops and hen runs must be 1.2 m
from rear lot line and 1.2 m from any side
lot line
• hen coops and hen runs shall be located at
least 15 m from any school
• hen coops and hen runs shall be located at
least 7.5 m from any church or business
• hen coops and hen runs shall be a
minimum distance of 3 m from all
windows and doors of dwellings that are
located on an abutting property
• hen coops are not permitted in any front
or side yard
• sale of eggs, manure and other products
associated with the keeping of hens is
prohibited
• 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
• 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
• manure shall be disposed of in accordance
with Municipal by-laws. Hen waste must
be solid and bagged.
• home slaughter of hens is prohibited and
any deceased hens shall be disposed of at a
page 5
livestock disposal facility or through the
services of a veterinarian.
The City of Kingston regulations, like the City
of Quinte West regulations, prohibit the
keeping of roosters and require hens to be at
least 4 months of age. The number of hens
permitted in Kingston is 6 while City of
Quinte West only permits 4 hens.
5.3 City of Niagara Falls
The City of Niagara Falls regulates chickens
through an animal control by-law passed
under the Municipal Act. Regulations for the
keeping of chickens in Niagara Falls are
summarized below:
• no owner shall allow or permit his or her
chicken to be at large
• “being at large” means to be found in any
place other than the property of the owner
of the chicken
• no person shall keep a rooster within the
urban boundary
• maximum of 10 chickens
• chicken coops shall be located only in the
rear yard and must fully enclose the
chickens and prevent them from escaping
• chicken coops shall be designed and
constructed to ensure proper ventilation
and sufficient space for the chickens and
be maintained in accordance with good
animal husbandry practices and shall keep
all vermin out
• all dead chickens must be disposed of
immediately and in any event, within 24
hours
• must be hygienic storage and prompt
removal of chicken feces
• chicken food supply must be protected
against vermin
• all lots housing chickens must have a
Backyard Chickens- Policy Review
Municipality of Trent Hills
detached dwelling on it, a minimum
frontage of 40 feet and a depth of 100 feet
• chicken coop shall be located at least 25
feet from the rear lot line of the lot on
which the chicken coop is located
• 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.
This by-law contains a clause permitting a fine
of up to $5,000 for contravention of the bylaw.
5.4 City of Guelph
The City of Guelph has the oldest poultry bylaw that we reviewed which dates back to
1944. This by-law is by far the simplest by-law
reviewed containing very few regulations.
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 feet from any school, church or
dwelling house not including the owners
dwelling house.
This by-law contains a clause imposing a $500
fine for contravening the By-law.
6. ISSUES WITH REVIEWED POLICIES
During our review of the existing by-laws
regulating backyard chickens, several issues
were identified.
The City of Kingston and City of Quinte West
by-laws require chickens be at least four
months old before they can be housed on a
residential lot. Hatcheries sell chicks
immediately after they are hatched. If an
page 6
individual wanted to begin raising chickens,
they would have to purchase the chicks, take
them to a rural area to be grown to 4 months
at which time they could be housed in a coop
in an urban area. The age requirement is
based on the desire to ensure that no roosters
are housed in urban areas. However, it would
seem that this policy would be difficult to
enforce as inspectors would have to be able to
determine the age of chickens. The
prohibition of roosters should be sufficient to
ensure that roosters are not kept within an
urban area. Commercial hatcheries sell sexed
chicks and if by chance a rooster is acquired by
an urban dweller, once it became apparent
that the bird was a rooster, it would have to be
relocated.
There are some communicable disease issues that
need to be addressed. Chickens frequently carry
bacteria, e.g. Salmonella and Campylobacter.
These organisms can cause illness if some minor
precautions in terms of handling and cleaning are
not properly followed.
The municipalities reviewed, used either the
Planning Act through zoning or the Municipal
Act to regulate the keeping of backyard
chickens, or both. Both Acts provide the
opportunity to set out regulations, however,
have different means of enforcement.
In conversation with Mr. Bill GrootNibbelink, Livestock Regulatory Affairs
Specialist, Ontario Ministry of Agriculture,
Food and Rural Affairs (OMAFRA) of the
Brighton Branch, he noted that the local food
movement trend is growing and probably not
going away. He stated that the biggest issues
from the Ministry’s perspective are biosecurity, care and health of chickens and the
disposal of dead chickens.
7. ADDITIONAL INPUT
CCS contacted the Health Unit and
OMAFRA requesting their position or policy
on the keeping of backyard chickens in an
urban area.
The Manager of Environmental Health of the
Haliburton, Kawartha, Pine Ridge District
Health Unit responded:
“The Health Unit does not have a ‘Policy’ with
respect to keeping chickens in an urban area.
However, if such policy is being introduced or
debated, the Health Unit would very much like to
comment on the proposed draft from a health
perspective.
Backyard Chickens- Policy Review
Municipality of Trent Hills
An education campaign is highly recommended on
proper ways of raising chickens in backyards could
be discussed in due course. Here are a couple of
links for you also on this topic.
http://makingachickencoop.net/health-risks-ofraising-chickens-at-home/
http://www.cdc.gov/healthypets/pdf/intown_flocks
.pdf”
Biosecurity is a serious concern to commercial
agriculture. Biosecurity refers to protecting the
health of livestock by preventing the
transmission of disease. Any disease that could
jeopardize the health of animals represents a
threat to the economic viability of the
industry. Small flock, or backyard chickens
need specific conditions to stay healthy.
Education and enforcement are the
mechanisms to ensure chicken health and
welfare. OMAFRA and the Canadian Food
Inspection Agency have educational
information related to health of backyard
flocks. Please see links:
page 7
http://www.inspection.gc.ca/english/anima/dis
emala/avflu/bacdoc/floelee.shtml
http://www.omafra.gov.on.ca/english/livestock
/poultry/smallflock.html
Health and welfare of backyard flocks is
directly related to the biosecurity as discussed
above.
West and Niagara Falls regulations. At the
same time, the draft proposed regulations
could be presented at this meeting for
consideration by residents.
Once comments are collected and the results
reviewed, and if warranted, the draft policies
can be finalized and considered by Council.
9. POLICY RECOMMENDATIONS
Disposal of dead chickens is another concern
mentioned and if the keeping of backyard
chickens is permitted, should be stipulated in
any regulation.
In summary, government agencies recognize
that the local food trend/urban agriculture is a
growing trend. Raising chickens in urban
backyards so they remain healthy and
productive, requires knowledge and the proper
facilities and care. With proper care, potential
issues are significantly mitigated. However, if
the chickens are neglected resultant disease
may have a significant impact on both human
health and the commercial poultry industry.
If there is support from the community and
Council, CCS would recommend, based on
our review of the available regulatory tools and
existing by-laws for the regulation of chickens
in urban areas, the following:
1. That Council consider the adoption of a
by-law under the Municipal Act to
regulate the keeping of chickens in the
urban areas either on an ongoing basis
subject to future repeal/amendment or on
a pilot project basis for a stipulated period.
2. That the by-law contain the following
regulations:
8. PUBLIC CONSULTATION FOR POLICY
DEVELOPMENT
The first step for the Municipality of Trent
Hills is to determine how residents feel about
the keeping of backyard chickens in their
Municipality. This can be assessed through a
public consultation process that could include:
a public open house, questionnaire and survey.
An important component of this process
would be education. There are many
misconceptions related to backyard chickens
that need to be addressed. At the open
house, basic facts could be presented and this
report could be reviewed including a summary
of the Cities of Guelph, Kingston, Quinte
Backyard Chickens- Policy Review
Municipality of Trent Hills
• 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 owner
of the chicken
• chicken coops shall be located only in the
rear yard and must fully enclose the
chickens and prevent them from escaping
• chicken coops shall be designed and
constructed to ensure proper
ventilation/heating and sufficient space for
the chickens and maintained in
accordance with good animal husbandry
practices and shall keep all vermin out
page 8
• home slaughter of hens is prohibited and
any deceased chickens shall be disposed of
at a livestock disposal facility or through
the services of a veterinarian and must be
disposed within 24 hours
• must be hygienic storage and prompt
removal of chicken feces
• chicken food supply must be protected
against vermin
• the chicken coop shall be located at least
4.5 m from any side lot line of the lot on
which the chicken coop is located.
• hen coops and hen runs must be 1.2 m
from rear lot line
• hen coops and hen runs shall be located at
least 15 m from any school
• hen coops and hen runs shall be located at
least 7.5 m from any church or business
• hen coops and hen runs shall be a
minimum distance of 3 m from all
windows and doors of dwellings that are
located on an abutting property.
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 References
B. City of Kingston By-law
C. City of Quinte West By-law
D. City of Niagara Falls By-law
E. City of Guelph By-law
F. Biosecurity Recommendations for Small
Flock Poultry
3. A permit/registry be required for coops.
4. A Zoning Bylaw Amendment would be
required to add a definition to Section 4 Animal Agriculture - Urban to specifically
define backyard hens.
5. Educational partnerships be explored to
provide information to potential keepers of
backyard chickens. Municipal website
could provide links to additional
information.
Backyard Chickens- Policy Review
Municipality of Trent Hills
page 9
ATTACHMENT A
List of References
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
ATTACHMENT B
City of Kingston By-law
ATTACHMENT C
City of Quinte West By-law
ATTACHMENT D
City of Niagara Falls By-law
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.
-22.
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
First Reading:
Second Reading:
Third Reading:
July 15th, 2002
July 15th, 2002
July 15th, 2002.
WAYNE THOMSON, MAYOR
-3SCHEDULE "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.
- 4SCHEDULE “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.
5.
6.
7.
(2)
The owner shall immediately and without delay, remove the excrement and provide for
its sanitary disposition.
(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.
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.
(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.
-5SCHEDULE “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)
maximum 10 chickens
On and after July 15, 2005:
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:
11.
(1)
detached dwellings on them;
(2)
a frontage of at least 40 feet; and,
(3)
a depth of at least 100 feet.
(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.
-6SCHEDULE "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:
10.
(a)
detached dwellings on them;
(b)
a frontage of at least forty feet; and,
(c)
a depth of at least 100 feet.
(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.
-7SCHEDULE "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.
-87.
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.
-9SCHEDULE "E2"
1.
The following list of animal classes shall be considered exotic animals:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
2.
All venomous arachnids (such as spiders, scorpions and tarantulas);
All canids (such as wolves and coyotes), except domestic dogs;
All crocodilians (such as alligators and crocodiles);
All felids (such as lions, tigers, and cougars), except domestic cats;
All venomous reptiles;
All snakes of the families Pythonidae and Boidae (such as pythons and boa constrictors);
All ursids (such as bears).
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.
- 11 SCHEDULE "F"
FEES AND CHARGES
-12SCHEDULE "G"
URBAN AREA BOUNDARY
See “Schedule G.pdf”
ATTACHMENT E
City of Guelph By-law
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 Bylaw 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
ferrett
All 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.
2.
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.”
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
ATTACHMENT F
Biosecurity Recommendations for Small Flock Poultry
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Biosecurity Recommendations for Small Flock Poultry Owners
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Original Factsheet
Babak Sanei - Lead Veterinarian, Disease Prevention Poultry/OMAFRA; Paul Innes,
Lead Veterinarian, Provincial Biosecurity/OMAFRA
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.
!
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.
!
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.
For more information:
Toll Free: 1-877-424-1300
Local: (519) 826-4047
E-mail: [email protected]
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