By-Law No. 2024-59 - Backyard Hen Licences

THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD

BY-LAW NO. 2024-59

Being a By-law to regulate and licence the keeping of Backyard Hens within Residential One (R1) Zones in the Township of Southwold.

Amendments to By-Law 2024-59 – No Amendments

This By-Law is printed under and by authority of the Council of the Township of Southwold.

Disclaimer: The following consolidation is an electronic reproduction made available for information only. It is not an official version of the by-law. The format may be different, and plans, pictures, other graphics, or text may be missing or altered. The Township of Southwold does not warrant the accuracy of this electronic version. This consolidation cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can be obtained from the Clerk’s Department by calling 519-769-2010.

WHEREAS Section 5(3) of the Municipal Act, 2001, S.O. 2002, c.25, as amended, provides that powers of every Council are to be exercised by by-law unless specifically authorized to do otherwise;

AND WHEREAS Section 8(3) of the Municipal Act, 2001 provides municipalities with the broad authority to govern affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues;

AND WHEREAS Sections 11(1) and (2) of the Municipal Act, 2001, provides that a lower- tier municipality may provide any services or thing that the Municipality considers necessary or desirable for the public in respect to the economic, social and environmental well-being of the municipality and the health, safety and well-being of persons;

AND WHEREAS Section 11(3) of the Municipal Act, 2001, provides that a lower-tier municipality may pass by-laws respecting matters within the following spheres of jurisdiction: animals;

AND WHEREAS Council provided direction at the September 9, 2024 regular meeting of Council on key provisions that should be included in the licensing by-law;

AND WHEREAS yearly licences shall be capped at 20 for the entire Township;

AND WHEREAS the Council of the Corporation of the Township of Southwold deems it expedient, necessary and in the public interest to regulate the keeping of backyard Hens in accordance with the Township’s Zoning By-law, as amended, for the purpose of public health and safety.

Table of Contents:

DEFINITIONS
PART 1: ADMINISTRATION
PART 2 :APPLICATION FOR BACKYARD HEN LICENCE
PART 3: GENERAL
PART 4: PROPERTY REGULATIONS
PART 5: BACKYARD HENS REGULATIONS
PART 6: BACKYARD HEN COOP REGULATIONS
PART 7: RIGHT OF ENTRY
PART 8: OFFENCE AND PENALTY PROVISIONS
PART 9: SEVERABILITY
PART 10: FORCE AND EFFECT
SCHEDULE "A"

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD ENACTS AS FOLLOWS:

Definitions

"Annual Licence Cap" or "cap" shall refer to the maximum limit of Backyard Hens Licences being issued annually.

"Backyard Hens" means the accessory keeping of hens for the purpose of companionship as a pet or providing eggs for personal consumption by occupants of a dwelling on the same lot, and does not include accessory livestock, or agricultural uses otherwise defined by the Township of Southwold's Zoning By-law.

"Clerk" means the Clerk of the Corporation of the Township of Southwold or their designate.

"Coop" means a fully enclosed weatherproof and ventilated building where hens are kept and which the interior of includes nest boxes for egg laying, perches for the hens to sleep on, and food and water containers.

"Council" means the Council of the Corporation of the Township of Southwold.

"Dwelling" means one or more rooms in a building, designed as, or intended as, or capable of being used or occupied as a single independent housekeeping unit and containing living, sleeping, sanitary and food preparation facilities or facilities for the installation of kitchen equipment and has an independent entrance. For the purpose of this By-law, a dwelling unit does not include any commercial accommodation or a recreational trailer.

"Hen" means a domesticated female chicken that is at least four months old.

"Licence" means a licence issued under this By-law.

"Officer" means a Police Officer or an Animal Control Officer, a By-law Enforcement / Municipal Law Enforcement Officer for the Township of Southwold, or anyone working under his/her authority.

"Outdoor Run" means an area enclosed by wire screen intended for permitting a hen or hens to be outdoors.

"Property" means a parcel of land and any buildings or other structures on the land.

"Property Owner" means the registered owner(s) of a property within the Township of Southwold.

"Slaughtering" means the killing of livestock for purposes that include the use of meat for food.

"Township" means the Corporation of the Township of Southwold.

"Waitlist" means the list of applications received after the cap of 20 issued licences has been reached.

"Zoning By-law" means a by-law passed under Section 34 of the Planning Act that regulates the use of land in the Township of Southwold.

Part 1: Administration

1.1     The Corporation of the Township of Southwold is responsible for the administration and enforcement of this by-law.

1.2    The provisions of this By-law shall apply to the keeping of Backyard Hens in accordance with the Zoning By-law within the boundaries of the Township of Southwold.

1.3    The Owner and/or applicant understands and agrees that upon notice, the Township may revoke the licence/permission to keep hens at anytime, and the keeping of hens after this date is an offence under the by-law as set out in Schedule “A”.

Part 2: Application for Backyard Hen Licence

2.1     No person shall keep Backyard Hens pursuant to this By-law, unless that person has submitted an application and receives a licence from the Township of Southwold.

2.2    The applicant/owner of the Backyard Hens must reside on the property where the Backyard Hens are kept.

2.3    An application for such licence must be signed by the applicant and/or landowner and shall include, but is not limited to, the following mandatory fields:

1. Applicant information including name, address (mailing and physical), postal code, and telephone number and email address (if available);
2. Property Owner’s information including name, address (mailing and physical), postal code, and telephone number and email address (if available);
3. Site sketch/plan illustrating the location and size of the coop and manure storage area on the property, complying with the coop regulations set out in the By-law;
4. Checklist of specific regulations contained in the By-law confirmed by the applicant; and,
5. A declaration that the applicant:
   • Reviewed OMAFRA Webpage titled “Raise Healthy Small Flock Poultry”;
   • Reviewed the OMAFRA Webpage titled “Rodent Control in Livestock and Poultry Facilities”;
   • Reviewed the Ministry of Health Factsheet titled “Reducing Health Risks Associated with Backyard Chickens”;
   • Will provide suitable housing and shelter for the backyard Hens in their care and will maintain such housing in a clean and wholesome state, having regard for Biosecurity Recommendations for Small Flock Chicken Owners;
   • Will provide the Backyard Hens with appropriate food, water, space and environmental conditions conducive to good health and the opportunity to socialize and engage in fundamental behaviours such as scratching, roosting and dust bathing; and,
   • Will abide by the regulations contained within the Backyard Hens Licensing By-law

2.4    It is understood that different ministries and organizations may update their resource kits and factsheets from time to time. Staff have the authorization to make updates to the education package applicants are to review as outlined above in section 2.3, based on new information provided and/or recommended by OMAFRA and the Ministry of Health.

2.5    Tenants must obtain written permission from the property owner to keep Backyard Hens on the owner’s property.

2.6    Every application for a Backyard Hens licence shall be submitted to the Township on the form provided (application form).

A licence will be issued for every approved application upon receipt of payment submitted in accordance with the annual licence fee as outlined in the User Fees By-law (By-law No. 2024-53). Approved licences that are not paid within 30 days of their approval will not be held or guaranteed issuance based on licence availability.

2.7    Through the authority of this by-law the Township has set a yearly cap on the number of backyard Hen licences so as not to exceed 20 approved licences per year.

2.8    Applications received after the cap of approved licences is reached will be added to a waitlist, whereby applicants will be notified in sequence of their submission upon licence availability.

2.9    An application shall be submitted by all new applicants for any property proposing to receive a licence, providing all the required documentation as outlined in section 2.3 of this By-law.

2.10   A change in occupancy or ownership of the property shall make the Backyard Hens Licence null and void. The new occupant and/or owner shall submit a new application.

Part 3: General

3.0    Every application for a licence will be reviewed to determine whether it meets the requirements of this By-law. Part of this review will include circulation to applicable departments.

3.1     Applications received after the annual cap has been reached, will be held on a waitlist in the sequence they were received. Upon licence availability waitlisted applicants will be contacted in the order their application was received. These applicants will have 30 days to respond to the Township advising if they will proceed with their application.

3.2    Waitlisted applicants who do not inform the Township of their intention to proceed, will forfeit their position on the waitlist and the subsequent applicant will be contacted.

3.3    When waitlisted applicants are offered an available licence, they will be required to affirm that the information on their application has not changed. If the information has changed, they will be provided an opportunity to resubmit an application within a 30-days for immediate consideration.

3.4    Reviewing departments as part of their review, may require an inspection of the property, other than a room or place used as a dwelling.

3.5    If at any time the Township determines, as a result of evidence that is provided, that the operation of a Backyard Hen coop does not conform to the requirements of this By-law, it may suspend or revoke the licence.

3.6    ln the event of any changes to the conditions to which the licence approval was based on, the applicant shall notify the Township immediately of the changes and may be required to submit additional information, including but not limited to a new site sketch/plan of the coop location.

Part 4: Property Regulations

4.1     A person is not eligible for a Backyard Hen licence of such licence unless:

1. The use or proposed use conforms with the Township’s Zoning By-law and zone provisions that apply to the property;
2. The property is Zoned Residential Type 1 (R1), and meets a minimum lot size of 1,000 m2 (10,760 ft2 ).
3. The property conforms to all applicable law, including but not limited to, the Health Protection and Promotion Act, laws regarding animal cruelty, and the Fire Protection and Prevention Act.
4. The property complies with all other municipal By-Laws and there are no outstanding orders or unpaid fines.

Part 5: Backyard Hens Regulations

5.1      A maximum of six (6) Backyard Hens shall be allowed on each permitted property.

5.2    All Backyard Hens shall be at least four (4) months old.

5.3    The keeping of roosters is strictly prohibited.

5.4    All deceased Backyard Hens shall be disposed of promptly in a sanitary manner.

5.5    The slaughtering of Backyard Hens on the property is prohibited.

5.6    The selling of eggs, manure, meat or other products derived from backyard Hens is prohibited.

Part 6: Backyard Hen Coop Regulations

6.1     Within any Residential One (R1) Zone, as defined by the Township’s Zoning ByLaw, no backyard Hen coop (including manure storage area) or outdoor run, shall be located within:

• Conservation Authority Regulated Area, unless a permit is granted by the Conservation Authority, as defined in the Zoning By-Law mapping;
• A front yard or exterior side yard;
• 2 m of any dwelling;
• 3 m of any lot line;
• 1.5 m of any structure;
• 3 m from and downgradient of any well location to avoid potential water source contamination;
• 3 m of any private sewage system (including tile bed); and,
• 15 m of any lot line on which a school is located.

6.2    A maximum of one (1) backyard Hen coop and one (1) outdoor run shall be permitted per property.

A backyard Hen coop shall be provided that has:

1. A maximum ground floor area of 9.0 m²
2. At least 0.37 m² of floor area for each hen;
3. A maximum height of 4.5 m.

6.3    The backyard Hen coop and manure storage area, exclusive of the outdoor enclosure, shall not cumulatively exceed an area of 10 m².

6.4    All backyard Hen coops shall be a fully enclosed weatherproof structure or enclosure with ventilation and a heat source, built to prevent any rodent(s) from harbouring underneath or within its walls and to prevent entrance by any other animal. The interior shall include:

1. At least one nest box for egg laying;
2. At least one perch giving 0.3 m of space per hen;
3. At least one food and water container;
4. The floor must be constructed of a material that is resistant to moisture, mould, retain heat in the cold weather and exclude rodents and predators;
5. The floors must be lined with shavings, straw or other appropriate materials to absorb manure and facilitate cleaning;
6. Hen boxes and a perch must be provided to accommodate all hens;
7. Dust bath area must be provided (helps control mites);

6.5    The Backyard Hen coop shall have a heat source that is a Canadian Standards Association (CSA) rated product and meets the Electrical Safety Authority (ESA) standards upon installation. It is the owner’s responsibility to follow the manufacturer’s instructions for the heat source to ensure proper use.

6.6    All Backyard Hen coops must be kept in a clean and sanitary condition at all times, free of vermin, obnoxious smells and substances and in good repair.

6.7    All Backyard Hen coops and outdoor runs shall be secured against the entry of predators.

6.8    Backyard Hens must be provided with food and clean water at all times, shelter, light, and ventilation to assist in keeping the hens in good health. Food and water shall be kept in solid, rodent proof and weather proof containers. Uneaten feed shall be removed in a timely manner.

6.9     All stored manure shall be covered by a fully enclosed container. No more than three (3) cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed daily from the hen coop and outdoor run.

6.10   All backyard Hens must be kept securely in a coop or outdoor run at all times. Backyard Hens are not permitted to run at large.

6.11   The Backyard Hen coop must be locked from sunset to sunrise.

Part 7: Right of Entry

7.1     Every person who holds a Backyard Hen licence shall allow, at any reasonable time, a Municipal Law Enforcement Officer or other authorized employee or agent of the Township to inspect the property, other than any room or place used as a dwelling, to determine whether all requirements of this By-law are being complied with.

7.2    No person shall obstruct or hinder or attempt to obstruct or hinder a Municipal Law Enforcement Officer or other authorized employee or agent of the Township in the exercise of a power or the performance of a duty under this By-law.

Part 8: Offence and Penalty Provisions

8.1     Every person who contravenes any of the provisions of this by-law shall be guilty of an offence and upon conviction is liable to a fine pursuant to the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.

8.2    If this By-law is contravened and a conviction entered, the court in which the conviction was entered or any Court of competent jurisdiction may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted.

Part 9: Severability

9.1     It is hereby declared that notwithstanding any section, subsections, clause, paragraph or provision of the By-law or parts thereof, may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers of Council to enact, such section or section or parts thereof shall be deemed to be severable and shall not affect the validity or enforceability of any other provisions of the By-law as a whole or part thereof and all other sections of the By-law shall be deemed to be separate and independent therefrom and enacted as such.

9.2    Whenever any reference is made in this By-law to a statute of the Legislature of the Province of Ontario, such reference shall be deemed to include all subsequent amendments to such statute and all successor legislation to such statute.

Part 10: Force and Effect

This by-law shall take force and effect upon the passage hereof.

READ A FIRST AND SECOND TIME, CONSIDERED READ A THIRD TIME, AND FINALLY PASSED THIS 28th DAY OF OCTOBER, 2024.

__________________________________                                   _____________________________________

                          Clerk                                                                                                             Mayor

                      Lisa Higgs                                                                                                Grant Jones

Schedule "A"

Note: The general penalty provision for the offences listed above is Section 8.1 of By-law 2024-59, a certified copy of which has been filed.