HomeMy WebLinkAboutBy-law No. 2016-118 - Amend c408 - Animals - RegulationBY-LAW NUMBER
OF THE
D -0I L r (I �s
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend Chapter 408 of The City of
Kitchener Municipal Code with respect to Animals -
Regulation.)
WHEREAS it is deemed expedient to amend Chapter 408 of The City of
Kitchener Municipal Code as adopted by By-law 88-100;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Article 1 of Chapter 408 of the City of Kitchener Municipal Code is hereby amended
by adding the following definitions thereto and renumbering the sections thereof
accordingly:
" "exterior side lot line" shall be defined as set out in Chapter 630 of The City of
Kitchener Municipal Code (Fences).
"exterior side yard" shall be defined as set out in Chapter 630 of The City of
Kitchener Municipal Code (Fences).
"hen(s)" shall mean female chicken(s).
"interior side lot line" shall be defined as set out in Chapter 630 of The City of
Kitchener Municipal Code (Fences).
"interior side yard" shall be defined as set out in Chapter 630 of The City of
Kitchener Municipal Code (Fences).
"owner of hens" shall mean an owner of a hen or hens kept on property zoned
residential under the Zoning By-law and shall not apply to an owner of hens kept
on land zoned Agricultural (A-1) under the Zoning By-law.
"owner(s) of property on which hens are kept" shall mean an owner of property
zoned residential under the Zoning By-law on which a hen or hens are kept but
shall not include the owner of property zoned Agricultural (A-1) under the Zoning
By-law with respect to that Agricultural property.
"rear lot line" shall be defined as set out in Chapter 630 of The City of Kitchener
Municipal Code (Fences).
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"rear yard" shall be defined as set out in Chapter 630 of The City of Kitchener
Municipal Code (Fences)."
2. Chapter 408 of The City of Kitchener Municipal Code is hereby amended by
deleting section 408.2.13 and replacing it with the following:
"408.2.13
Sections 408.2.11 and 408.2.12 of this Chapter shall not apply to:
(a) an animal hospital or clinic lawfully operated and supervised by a veterinarian
licensed to practice in Ontario;
(b) an animal shelter operated by the Kitchener -Waterloo and North Waterloo
Humane Society;
(c) premises registered as a research facility in accordance with the Animals for
Research Act;
(d) the lawful operation of a circus, carnival, performance, exhibition, zoo, or
public display;
(e) subject to the approval of the Kitchener -Waterloo and North Waterloo
Humane Society:
i) premises where animals are being kept for the purposes of
rehabilitating the individual animal; or
ii) when under the auspices of the federal or provincial government or an
organization or facility with appropriate expertise, premises where
animals are being kept for the purpose of preserving the individual
animal or the animal species, provided that the premise meet
Canadian Association of Zoos and Aquarea standards;
(f) day care facilities or educational establishments where short-term
educational programs are being conducted; or
(g) a person keeping up to four hens on a property in accordance with the
requirements of this Chapter.
3. Chapter 408 of The City of Kitchener Municipal Code is hereby amended by
adding the following as Article 7 thereto and renumbering the former Articles 7, 8,
and 9 accordingly:
"Article 7
408.7.1
A person may keep up to four hens at a property in a residential zone under the
Zoning By-law providing the conditions and requirements contained in this Article
are met.
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408.7.2
Every owner of hens and every owner of property on which hens are kept shall
ensure that:
(a) the owner of the hens has paid the applicable permit fee as set by Council
from time to time, made application for, and obtained a permit from the City to
allow the keeping of hens at the property;
(b) the owner of the hens resides at the property;
(c) the property on which the hens are kept has residential zoning under the
Zoning By-law and contains a single detached, semi-detached, or townhouse
dwelling;
(d) all owner(s) and all adult occupant(s) of the property have consented in
writing to the satisfaction of the City to the keeping of hens at the property;
(e) the hens are kept in a fully enclosed coop or run in a manner that contains the
hens on the property and prevents their escape from such coop or run;
(f) the coop and any run are within the rear yard, exterior side yard, or interior
side yard of the property; and
(g) the coop and any run are set back at least 1.2 metres from the rear lot line
and at least 2.5 metres from any interior side lot line or exterior side lot line of
the property and at least 2.5 metres from any rear lot line abutting an exterior
side yard or interior side yard of another property unless all owner(s) and all
adult occupant(s) of any property from which the aforementioned setbacks
are not in place have consented in writing to the satisfaction of the City to the
placement of the coop or run.
408.7.3
When a coop is built within a shed or other structure, only the portion actually
used to house hens shall be required to meet the setback requirements of
section 408.7.2.
408.7.4
Every owner of hens and every property owner on which hens are kept shall
ensure the hens are housed in a coop that is constructed and maintained:
(a) to provide protection from weather and be adequately ventilated;
(b) to exclude rodents and predators;
(c) with flooring that is resistant to moisture and mold and retains heat in the cold
weather;
(d) with a chicken box sufficient to accommodate all hens;
(e) with a perch area sufficient to accommodate all hens; and
(f) with an accessible dust bath area.
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408.7.5
Every owner of hens and every property owner on which hens are kept shall
ensure that:
(a) coops and runs are maintained in a clean condition;
(b) coops and runs are maintained to ensure that smells do not cause a nuisance
to residents of any neighbouring property or any residents of the City;
(c) coop floors are lined with shavings, straw, or other appropriate materials to
absorb manure and facilitate cleaning;
(d) coops are deep cleaned at least two times yearly including disinfecting of
troughs, perches, and nests;
(e) feeders and water containers are provided and are cleaned and disinfected
regularly;
(f) all stored feed is kept in rodent proof containers and secured at all times to
prevent rodents and other animals from accessing it;
(g) feeding of hens is done in a manner that minimizes the attraction of rodents
or other animals;
(h) manure and droppings are cleaned out daily and stored in a secured
container or composter in accordance with compost regulations until disposed
of in accordance with all applicable laws and regulations;
(i) each hen is banded with such band containing current contact information for
the hen's owner;
(j) hens have access to an enclosed outdoor run area;
(k) deceased hens are disposed of at a livestock disposal facility, through the
services of a veterinarian, chicken exchange program, or through a facility as
approved by the Ministry of Agriculture, Food, and Rural Affairs and are
disposed of in accordance with all laws;
(1) there is no sale of eggs, manure or other products associated with the
keeping of hens;
(m)no slaughtering or butchering of hens is done on the property;
(n) hens are kept in accordance with all other laws including the City's by-laws
respecting noise, lot maintenance, property standards, and animals as well as
provincial legislation respecting the keeping of animals.
PA,
(1) An owner or adult occupant of property may withdraw consent to placement
of a hen coop or run that is closer to their property than otherwise required by
submitting written notice to the satisfaction of the City to the City's Director of
By-law Enforcement. Where such consent is withdrawn, the City shall notify
the owner of the property where the coop or run is placed that consent has
been withdrawn.
(2) Where the City notifies a property owner that consent to have the coop or run
closer to a property than otherwise required has been withdrawn, that owner
of property on which hens are kept shall ensure that the coop or run is
removed or relocated within a permitted area by the later of November 1 of
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that calendar year or six (6) months following the date of notification being
given.
Where an owner of hens can show to the satisfaction of the City's Director of
Enforcement that they owned more than four hens on November 8, 2(116, the
person shall be allowed to keep up to six of the hens owned on that date for the
lifetime of the hens but shall not replace any hen that dies until the number of hens
is reduced to four. Any person relying on this provision shall provide such
information as the Director of Enforcement reasonably requires for the purposes of
identifying existing hens and ensuring that new hens are not purchased until the
number of hens is reduced to four. This provision shall only apply if the hens are
kept in compliance with all other provisions of this by-law."
PASSED at the Council Chambers in the City of Kitchener this day
of A.D. 2016,
Mayor
Clerk