HomeMy WebLinkAboutCSD-15-071 - Initiate Review & Public Engagement - Regulations Pertaining to keeping of Chickens Staff Report
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REPORT TO: Community & Infrastructure Services Committee
DATE OF MEETING: August 10, 2015
SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
Shayne Turner, Director of By-law Enforcement, ext. 7753
PREPARED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
Shayne Turner, Director of By-law Enforcement, ext. 7753
WARD(S) INVOLVED: All
DATE OF REPORT: July 27, 2015
REPORT NO.: CSD-15-071
SUBJECT: INITIATE REVIEW AND PUBLIC ENGAGEMENT -
REGULATIONS PERTAINING TO THE KEEPING OF
CHICKENS
RECOMMENDATION:
That staff be directed to review the regulations pertaining to the keeping or
harbouring of fowl in non-agricultural areas of the City, as outlined in Report
CSD-15-071.
BACKGROUND:
The City of Kitchener currently regulates the keeping and harbouring of animals by way
of an animal control by-law (Chapter 408 of the Municipal Code) enacted under the
authority of Municipal Act, 2001. This by-law does not permit the keeping or harbouring
of domestic fowl in the City of Kitchener except where permitted as an agricultural
activity in the Agriculture A-1 zone under zoning By-law 85-1. Domestic Fowl is defined
to include chickens, geese, ducks, and game hens. Chapter 408 came into effect in
1987. It is staff's understanding that the provision that applies to chickens was in the
original by-law and staff are not aware of any significant review of those provisions
undertaken since the enactment of the by-law 28 years ago.
Some members of the community have recently expressed an interest and support for
the keeping of backyard chickens in residential areas. One or more amendments to the
current regulations would be required in order to make this activity lawful. This report
outlines a process to review the applicable regulations and then make
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recommendations to Council regarding any potential changes. The community would
be engaged prior to staff making a recommendation to Council.
REPORT:
Planning staff is currently undertaking a comprehensive review of the Zoning By-law. It
has been suggested that this project address the keeping of backyard chickens.
Although this review will not be completed for another 2 years or so, staff has completed
sufficient research on the topic to conclude that a zoning by-law under the Planning Act
is not an effective tool for regulating this activity. Both Planning and By-law
Enforcement staff are in agreement that an Animal Control By-law under the Municipal
Act is a more suitable way to regulate the keeping of backyard chickens.
Given the growing interest in the keeping of backyard chickens staff is proposing to
review the current Animal Control By-law as follows:
Step 1: Conduct research on the practices of other municipalities and review case
law.
Step 2: Engage the Community to hear all perspectives in order to identify and
clarify all of the issues associated with this activity.
Step 3: Prepare an "issues and options" report and/or discussion paper that
incorporates the findings from Steps 1 and 2.
Step 4: Engage the Community in order to obtain feedback on the issues and
options report.
Step 5: Prepare a report for Council that recommends a preferred option.
A review of this nature had not previously been contemplated and is therefore not
included in the City's 2015 Business Plan. The By-law Enforcement Division has limited
staffing to complete this type of review and is already working on a number of other
initiatives, including: a review of noise exemption controls, the development of a
neighbourhood property standards compliance strategy and work related to the city's
sidewalk maintenance by-law. As a result, staff estimate that it will take approximately 8
months to complete this review if directed to do so by Council. Throughout this review,
staff would provide Council with periodic updates and advance notification of key
community engagement initiatives. Council would also be advised if staff encounters
challenges with achieving the estimated timelines.
It is very possible that there will be competing opinions on the approach that the City of
Kitchener should take on this issue. Potential options/opinions may range from "do
nothing" (continue to prohibit) to "do not regulate". Staff do not have a position at this
time and would not develop a position until Step 5 of the review, as outlined above.
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By-law staff recently suspended enforcement with any existing complaint files relating to
the keeping of chickens in residential areas. The purpose of this decision was to
provide some time to better understand if a review was to be undertaken and what the
process might look like. Subject to Council's direction, staff feel it is appropriate to
continue with suspending enforcement action for any existing files until such time as the
review is completed. Having said this, in the event that a significant health concern
arises or concerns with respect to the welfare of any animals, staff are prepared to take
appropriate action on a case by case basis.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The proposed review aligns with both the Government (responsive government that
genuinely engages citizens) and Neighbourhoods (inclusion and community well-
being) strategic directions of the 2015 — 2018 Strategic Plan.
FINANCIAL IMPLICATIONS:
The review would be conducted by staff using resources that are already funded.
COMMUNITY ENGAGEMENT:
The community engagement would include both INFORM and CONSULT components
leading up to final report with staff recommendation to Council. The public will be
informed of the final report through the standard practice of provided access to
Committee and Council agendas and reports.
ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services)
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