By-Law 2023-094

Being a by-law to provide for the control of urban hens in the Township of Russell.

 

WHEREAS Subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that a municipal power shall be exercised by by-law; and 

WHEREAS Section 9 of the Municipal Act, 2001, S.0. 2001, c. 25, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under that or any other Act; and

WHEREAS Sections 8, 9 and 10 of the Municipal Act, 2001, S.O, authorize the municipality to pass by-laws necessary or desirable for municipal purposes, and in particular paragraphs 5, 8 and 9 of Subsection 10(2) authorize by-laws respecting: the economic, social and environmental well-being of the municipality, the protection of persons and property, and animals; and

WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, provides that the powers of a municipality under this Act shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate, and to enhance their ability to respond to municipal issues; and

WHEREAS Subsection 8(3) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that a by-law under Section 11 of that Act respecting a matter may regulate or prohibit and, as part of the power to regulate or prohibit may require a person to do things, provide for a system of licenses permits, approvals or registrations and impose conditions as a requirement of obtaining, continuing to hold or renewing a license, permit, approval or registration; and

WHEREAS Subsection 103(1) of the Municipal Act, 2001, S.O provides that if a by-law is passed regulating or prohibiting with respect to the being at large of animals, the by-law may provide for the seizure and impounding of animals being at large and the sale of impounded animals; and

WHEREAS Section 425 of the Municipal Act, 2001, S.O. 2001, c. 25, establishes that any person who contravenes any by-law of the Township of Russell is guilty of an offence; and WHEREAS Section 429 of the Municipal Act, 2001, S.O. 2001 , c. 25, establishes that a municipality may establish a system of fines for offences under a by-law of the municipality; and

WHEREAS Section 436 of the Municipal Act, 2001, S.O. 2001 , c.25, as amended provides that Council may, by by-law, provide that the municipality may enter on land at any reasonable time for the purpose of carrying out inspections to determine compliance with certain specified matters, including by-laws passed under the Municipal Act, 2001, directions or orders made under the Municipal Act, 2001 or under a by-law passed under its authority, conditions of a license issued under the Municipal Act, 2001 or orders made under Section 431 of the Municipal Act, 2001; and

WHEREAS Subsections 446(1), 446(3) and 446(4) of Municipal Act, 2001, S. O. 2001, c. 25, authorize the Township of Russell, if it has authority by by-law or otherwise, to direct or require that a matter or thing be done, to direct in the same by-law that, in default of it being done by the person directed or required to do it, such matter or thing be done at the person's expense and to recover that expense by action or by adding it to the tax roll and collecting it in the same manner as taxes; and

WHEREAS Section 446 (2) of the Municipal Act, 2001, S. O. 2001, c. 25, establishes that following failure to comply with an order directing or requiring the person that a matter or thing be done, the municipality may enter upon the land at any reasonable time to perform the directed or required matter or thing be done at the person's expense; and 

WHEREAS the Council of the Township of Russell deems it advisable to enact this by-law for the purpose of permitting and regulating the keeping of urban hens in the Township; and

NOTWITHSTANDING any other Township by-laws or regulations enacted by Council, be it

RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF RUSSELL ENACTS AS FOLLOWS:

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

1. Title

1. 1 The by-law shall be known and cited as the "Urban Hens By-law.

2. Scope

2. 1 This by-law shall regulate the location, size, number, living conditions, maintenance and disposal of urban hens in residential zones of the Township of Russell.

2. 2 All hens and coops shall be kept and erected in accordance with the provisions of this by-law.

2. 3 This by-law does not apply to hens and coops located within Agricultural zones or on hobby farms in the Rural Residential zone which permit the raising of livestock as per the provisions in the Township of Russell zoning by-law, as amended.

1. Title

1. 1 The by-law shall be known and cited as the "Urban Hens By-law.

2. Scope

2. 1 This by-law shall regulate the location, size, number, living conditions, maintenance and disposal of urban hens in residential zones of the Township of Russell.

2. 2 All hens and coops shall be kept and erected in accordance with the provisions of this by-law.

2. 3 This by-law does not apply to hens and coops located within Agricultural zones or on hobby farms in the Rural Residential zone which permit the raising of livestock as per the provisions in the Township of Russell zoning by-law, as amended.

3. Intent

3. 1 The purpose of this by-law is to permit, regulate and control the keeping of hens in residential zones or at a school authorizing hens and coops that:

  • i. Are appropriate in size, number, and location;
  • ii. Are compatible with their surroundings;
  • iii. Are consistent with the Township of Russell's planning, urban design, and heritage;
  • iv. Minimize adverse impacts on nearby public and private property; and;
  • v. Do not create a safety hazard or a nuisance to abutting properties, businesses, schools, and places of worship.

4. Definitions

In this By-law:

NameDefinition
Abutting Property means any parcel or tot that has a lot line or portion of a lot line in common with the subject property, including a shared intersection of lot lines.
Agricultural Zones means any property, lot or parcel that is zoned Restricted Agricultural zone (A1) or
General Agricultural zone (A2), including any special exception zones within these
zones, included in the Township of Russell zoning by-law.
Animals means any member of the animal kingdom or living beings other than a human, without limitations. Animal shall include mammals, birds and reptiles but excluding fish.
Business means any structure, whether publicly owned or privately owned that is adapted for occupancy for transaction of business, this does not include any home-based business, home-based business rural or home industry as defined in the zoning by-law.
Clerk means the Clerk of the Township of Russell.
Coop shall have the same meaning as HEN COOP.
Council means the Council of the Township of Russell.
Dwelling Unit means a residential unit located in a building or structure, used or intended to be used as a domicile by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities.
Director of Public Safety and Enforcement means the person occupying the position of Director of Public Safety and Enforcement of the Township of Russell or authorized assistants.
Exterior Side Yard means the space abutting a public street that extends from the front yard to the rear yard between a side lot line and the nearest point of the main building, not including a permitted projection.
Fence

means a structure or partition made of wood, metal or other substance that is
constructed for any purpose, such as marking the boundary of a property,
enclosing a property, providing privacy, preventing escape or access by people or animals, or dividing a property into sections, and includes every door, gate and other closures that forms part of the Fence, and does not include a hedge. The fence shall meet the standard of the township of Russell fence by-law as amended.
Front Yard

means the space paralleling the front lot line extending across the full width of a lot between the front lot line and nearest part of any main building on the lot, not including a permitted projection.
Habitable Room

means a room commonly used for cooking, living, dining or sleeping purposes and shall include an enclosed sunroom but shall not include any garage, carport, porch, veranda, unfinished attic, unfinished basement or unfinished cellar.
Hen

means a domestic female egg laying chicken that is at least 4 months old.
Hen Coop

means a hen house and hen run.
Hen House means a structure that houses the hens at night and includes places for laying
Hen Run means a covered and secure enclosure that allows hens access to the outdoors.
Hobby Farm shall mean a lot used principally for residential use and where accessory uses
may include small- scale market gardening for retail. Livestock, including chickens, will be limited to a maximum of 4 nutrient units as defined by the Nutrient Management Act, and be able to meet the Minimum Distance Separation formula.
Interior Side Yard means the space not abutting a public street that extends from the front yard to the rear yard between a side lot line and the nearest point of any main building, not including a permitted projection.
License means a license issued pursuant to this bylaw.
Licensee means a person to whom a license has been issued pursuant to this by-Law.
Meat Hen (Chicken) means domestic hen (chicken) raised for the production of meat.
Municipal Law Enforcement Officer means a person appointed by Council of the Corporation of the Township of Russell as a Municipal Law Enforcement Officer to enforce the provisions of the by-law.
Owner i. means, with reference to hens any person who possesses, harbors 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.

ii. means, with reference to property, the individual(s), entities or corporations holding title of a property or properties.
Place of Worship Place of Worship includes, but is not limited to churches, chapels, temples, mosques, parish halls and synagogues including offices for the administration of the religious institution, convents, seminaries, monasteries, rectories, parsonages and parish houses. Funeral services are permitted in places of worship.
Private Property means any land owned by individuals or corporations other than the government.
Public Property means property owned by the government or one of its agencies, divisions, or entities. Commonly a reference to parks, playgrounds, streets, sidewalks, schools, libraries and other property regularly used by the general public.
Rear Lot Line shall mean that lot line furthest from and opposite the front lot line but if there is no such line, that point furthest from and opposite the front lot line. If there are two or more rear lot line segments at different distances from the front lot line, as in the case of an L-shaped lot, each segment shall be considered to be the rear lot line for that portion of the front lot line directly opposite.
Rear Yard

means the space paralleling the rear lot line that extends across the full width of the lot between a rear lot tine and the nearest point of the principal building not including a permitted projection.
Residential Property

means a property that is zoned for residential use in the Township Zoning By-law that applies to the property.
Rooster

means a domestic male chicken.
Setback means with reference to a lot line, the shortest distance between a lot line (front,
interior side, exterior side, or rear) and the nearest part of any building or structure on the lot. In cases where a road widening is taken, the required setback is calculated from the lot line.
School

means a public educational establishment operated by a Board of Education as defined in the Education Act.
Township 

means the Corporation of Township of Russell.
Veterinarian 

means a person licensed under the Veterinarians Act.
Zone  means a land use category as defined and regulated in the Township of Russell zoning by- law, as amended or replaced.
Zoning By-Law  means any of the zoning by-laws of the Township of Russell, as amended.

 

5. General Provisions

5. 1 The owner of the hens must reside on the property where the hens are kept. Residential tenants (renting a single detached dwelling or a semi- detached dwelling) residing on a property must first obtain written permission from the property owner to keep hens on the owner's property.

5.2 A person shall first obtain the written permission from the school board in charge of the school property where the hens would be kept.

5. 3 In any residential zone or at a school except as otherwise permitted in the Zoning bylaw, no person shall:

  • i. Keep a rooster;
  • ii. Keep meat hens (chicken); and


5.4 No person shall:

  • i. Allow hens outside of their hen house between 9:00 p.m. and 6:00 a.m. ii. Fail to stored manure in an enclosed structure such as a compost bin, and no more than three (3) cubic feet shall be stored at any one time. Manure shall be disposed of properly.
  • iii. Slaughter or dispose of Egg-laying hens on a residential property. Egg-laying hens at their end of life must be delivered to a pound keeper, farm, veterinarian, abattoir or other facility with the legal ability to dispose of them.
  • iv. Sell eggs or other products derived from hens.
  • v. Fail to fully enclose both the hen house and the run area on all sides and above (i. e. fencing, chicken wire, roof covering). It is to be constructed to prevent the hens' escape and prevent entry by intruders/predators.
  • vi. Fail to maintain the hen coop and hen runs in a clean and sanitary conditions and the coop shall be kept free of nuisance odors, substances and vermin.
  • vii. Fail to construct a hen coop that is designed to provide hens with a draft-proof, dry, and insulated environment, especially for wintertime.
  • viii. Fail to keep all hens securely in a hen coop or hen run at all times.
  • ix. Fail to keep hen feed indoors and in an airtight rodent safe container and leftover feed must be removed in a timely manner.
  • x. Permit a hen coop to be located within an easement.
  • xi. Permit a hen coop other than on a fenced residential area. The fence shall be in accordance with the residential fence requirements as per the Township of Russell fence by- law.
  • xii. Permit a hen coop other than on a fenced residential area.
  • xiii. Construct a hen coop contrary to section 6 of this bylaw.
  • xiv. Have more than the numbers of hens stipulated in section 6 of this bylaw.
  • xv. Have a hen coop on a property other than on a single family, semi-detached dwellings properties or at a school

6. Hens Coop Location, Size and Height Requirements

Table 6.1 - Residential Lots size between 500 sq. meters up to 2,999 sq. meters
DescriptionCriteria

Size of hen coop (hen house, runs and manure storage) - maximum

 10 sq. meters

Height of hen coop - maximum

2 meters or not exceeding the height of the rear and side yard fence whichever is less

Set back from the coop to the Front yard property line - minimum

Shall not be located in a front yard

Setback from the coop to the exterior side yard line - minimum

 Shall not be located in any exterior side yard

Setback from the coop to the interior side yard line or rear lot line - minimum

 1.5 meters

Number of hens permitted -maximum

 3

 

Table 6.2 - Residential Lots size 3,000 sq. meters or greater
DescriptionCriteria

Size of hen coop (hen house, runs and manure storage) - maximum

 10 sq. meters

Height of hen coop - maximum

2 meters or not exceeding the height of the rear and side yard fence whichever is less

Set back from the coop to the Front yard property line - minimum

Shall not be located in a front yard

Setback from the coop to the exterior side yard line - minimum

 Shall not be located in any exterior side yard

Setback from the coop to the interior side yard line or rear lot line - minimum

 4 to 5 hens: 10 meters or more
1 to 3 hens: less than 10 meters

Number of hens permitted -maximum

 5 (based on the distance of the hen coop to the

interior side yard line)

 

7. Licenses and Inspections

7. 1 No person shall:

  • i. keep hen(s) unless they hold a valid license issued in accordance with the provisions of this by-law.
  • ii. fail to pay the license fee as set out in the fees and charges bylaw.
  • iii. fail to produce license to a municipal law enforcement officer when requested to do so.
  • iv. operate a hen coop in any residential zone, except as otherwise permitted on a hobby farm, within the Township, unless he or she has first obtained a hen coop license.


7. 2 Urban hen license fees shall not be refunded or debated.

7. 3 An urban hen license is not transferable from one person to another.

7. 4 An urban hen license is not transferable from one property to another.

7. 6 An urban hen license may be revoked or may not be renewed when:

  • i. The applicant or license holder does not meet or no longer meets the requirements for an urban hen license as set out in this by-law;
  • ii. The applicant or license holder furnished false information or misrepresents
  • any fact or circumstance required pursuant to this Bylaw; and
  • iii. The applicant or license holder who is in breach or does not comply to this by-law or any other municipal by-laws.

7. 7 As part of the application review, the agencies or individuals to whom the application is circulated may require an inspection of the yard and any hen coop on the applicant's property.

7. 8 If an applicant has had former complaints, charges documentation on violation of any municipal by-laws, and has not upheld property standards, a case-by-case investigation will be conducted to determine the eligibility
of a permit.

7. 8. 1 The final decision will be made by the Director of public safety and enforcement.

8. Responsabilities of the Owner

8.1 No owner shall permit their hen(s) to trespass on private property.

8.2 No owner shall allow their hen(s) to be on a public road or in a public place at any time.

8. 3 No owner shall permit any hen(s), owned or in their care, to make excessive or any unnecessary noise that is likely to disturb any inhabitant.

9. Notice and Remedial Actions

9. 1 Where a coop is erected or located on a property or animals are kept in contravention to this by-law, the officer shall serve a notice to the owner with the particulars listed in section 9.4.

9. 2 Where a coop or the hens do not comply with this by-law, the officer may order the owner to remove or bring the coop into compliance in the manner and within the time specified in the notice.

9.3 The notice mentioned in Section 9.2 may be served:

  • i. By personal service upon the coop owner;
  • ii. By prepaid registered mail sent to the last address of the property owner, shown on the records of the Township of Russell; or,
  • iii. By prominently posting a copy of the order either on the coop in respect of which the notice is made, or on the property upon which the coop is located.


9.4 The written notice shall contain the particulars of the non-compliance with this by-law, a specified time limit in which to effect compliance and either a notice to comply with the by-law within the time limit specified in the notice, or an notice to remove the coop and/or animals within the time limit specified in the notice.

9.5 Where the notice is served in accordance with Section 9. 3, it is deemed to have been received by the party being served upon the mailing or posting of the notice.

9.6 Where a coop or animals are not removed or are not brought into conformity as required by a notice under Section 9.2, the officer may have the coop and/or animals removed without notice or compensation. For this purpose, the Municipal Law Enforcement Officer and their contractor or other agent may enter upon the property at any reasonable time.

9.7 In the event that a person or persons , against whom a notice to remove a coop and or animals from a property has been made or issued by the Director of Public Safety and Enforcement or his designate fails to comply with said notice within the time indicated on the notice, the Director of Public Safety and Enforcement or his designate may cause the coop and or animals to be removed and disposed of, all at the expense of such person or persons and the amount of such expense may be recovered by the Township by action or may be added by the Township Clerk to the collector's roll against any lands within the Township of Russell owned by such person or persons and collected in a like manner as municipal taxes.

10. Enforcement

10. 1 Unless otherwise provided in this by-law, the Urban Hens By-law shall be enforced by the Municipal Law Enforcement Officers of the Township of Russell.

11. Offences and Penalties

11.1 Any person who contravenes or causes or permits any contraventions of any of the provisions of this by-law shall be guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act or any successor.

11. 2 In addition to any penalty imposed and any other remedy, the court in which the conviction had been entered and any court of competent jurisdiction, thereafter, may make an order:

11. 3 Prohibiting the continuation or repetition of the violation by person convicted;

11. 4 Requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate.

12. Right of Entry

12. 1 Every person enforcing this bylaw shall have the right of entry on any property or into any building not actually being used as a dwelling for the purpose of carrying out an inspection to determine whether this by-law is being complied with and for the enforcement of this bylaw, as per the Municipal Act, as amended from time to time.

13. Obstruction

13. 1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any person exercising a power or performing a duty under this by-law.

13. 2 Any person who has been alleged to have contravened any of the provisions of this by-law, shall identify themselves to the Municipal Law Enforcement Officer upon request, failure to do so shall be deemed to have obstructed or hindered the Municipal Law Enforcement Officer in the execution of his/her duties.

14. Validity and Severability

14. 1 If a court of competent jurisdiction declares any provision or part of this bylaw to be invalid or unenforceable for any reason whatsoever, then the particular provision or part thereof shall be deemed to be severed from the remainder of the by-law and it is the intention of Council that all other provisions or parts thereof shall remain in full
force and shall be valid and enforceable to the fullest extent permitted by law, unless the court makes an order to the contrary.

14.2 Where a provision of this by-law conflicts with the provisions of another bylaw in force within the Township of Russell, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail.

14. 3 Nothing in this Bylaw relieves any person from complying with any of the provisions of any federal or provincial legislation or any other bylaw of the Township of Russell.

15. Liability

15.1 This by-law is not to be constructed at any time in such fashion as to hold the Township of Russell or its officers liable for failing to ensure that persons comply with the provisions of the by-law.

16. Obstruction

16.1 This by-law replaces by-law no. 2022-014 and by-law 2022-014 is now deemed repealed. 

17. Obstruction

17. 1 This by-law shall come into force and effect upon final reading thereof

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 11TH DAY OF SEPTEMBER, 2023.