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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.



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



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



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



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:



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



• 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



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.

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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

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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.

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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.

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SCHEDULE “C”

CHICKENS


"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


"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


"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


"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


PT. Lots 49 to 53 & 68 to 73 inc. PL 291 Town of Niagara Falls PT. 5, 59R12574.

- 11 -

SCHEDULE "F"

FEES AND CHARGES

-12-

SCHEDULE "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



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


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)



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

ATTACHMENT F

Biosecurity Recommendations for Small Flock Poultry

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

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! 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: [email protected]

! 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

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