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Village of Alix
Bylaw No. 460/20
BEING A BYLAW OF THE VILLAGE OF ALIX, IN THE PROVINCE
OF ALBERTA, TO REGULATE THE KEEPING OF CHICKENS IN
URBAN AREAS.
WHEREAS pursuant to Section 7 of the Municipal Government Act the
Council of a municipality may pass bylaws for municipal purposes
respecting: the safety, health and welfare of people and the protection of
people and property; wildlife and domestic animals, and activities in
relation to them; and the enforcement of bylaws; and
WHEREAS pursuant to Section 8 of the Municipal Government Act the
Council of a municipality may, in a bylaw, regulate or prohibit and to
provide for a system of licenses, permits and approvals.
NOW THEREFORE, COUNCIL OF THE VILLAGE OF ALIX, IN THE
PROVINCE OF ALBERTA, ENACTS AS FOLLOWS:
1.
This bylaw may be called the "Urban Chicken Bylaw".
2.
For the purposes of this bylaw:
(a)
"Chicken License" means a license issued by the Chief
Administrative Officer pursuant to this Bylaw authorizing the
license holder to keep Urban Chickens on a specific property
within an Urban Area;
(b)
"Coop" means a fully enclosed weather-proof structure and
attached Outdoor Enclosure used for the keeping of Urban
Chickens, that is no larger than 10 m2 in floor area, and no more
than 2.4 m in height;
(c)
"Hen" means a domesticated female chicken;
(d)
"Municipal Tag" means a document alleging an offence
issued pursuant to the authority of a Bylaw of the Village.
(e)
"Occupant" means any person residing on or to be in
apparent possession or control of property or a structure, including
but not limited to a lessee.
(f)
"Owner" means to be registered under the Land Titles Act
as the owner of the fee simple estate in a parcel of land.
(g)
"Outdoor Enclosure" means a securely enclosed, roofed
outdoor area attached to and forming part of a Coop having a bare
earth or vegetated floor for Urban Chickens to roam;
(h)
"Peace Officer" means:
i.
A Police Officer
ii.
A person appointed as a Peace Officer pursuant to
the Peace Officer Act, SA 2006, P-3.5 or
iii.
A person appointed as a Bylaw Enforcement
Officer pursuant to the Municipal Government Act,
RSA 2000, M-26 and amendments thereto
(i)
"Rooster" means a domesticated male chicken;
(j)
"Urban Chicken" means a Hen that is at least 16 weeks of
age;
(k)
"Violation Ticket" has the same meaning as in the
Provincial Offences Procedure Act;
(l)
"Urban Area" means lands located within the Village
which are zoned as Residential Districts.
PURPOSE
3.
The purpose of this Bylaw is to regulate and control the keeping of
chickens within Urban Areas.
PROHIBITIONS
4.
In an Urban Area, no person shall cause or permit:
(a)
a Rooster;
(b)
a Hen, other than an Urban Chicken for which a valid
Chicken License has been issued,
to be kept on any property which they are the Owner or Occupant.
CHICKEN LICENSE
5.
A person may apply to keep no more than four (4) Urban Chickens
by:
(a)
submitting a completed application, on the form approved
by the Chief Administrative Officer, and
(b)
paying a license fee of twenty-five dollars ($25.00) each
year a license is issued or renewed.
6.
The Chief Administrative Officer may not issue or renew a
Chicken License unless satisfied that:
(a)
the applicant is the Owner of the property on which the
Urban Chickens will be kept, or that the Owner of the property has
provided written consent to the application;
(b)
the land use districting of the property on which the Urban
Chickens will be kept allows the placement of a Coop for the
keeping of Urban Chickens;
(c)
the applicant or Owner of the property according to Section
6. (a) resides on the property on which the Urban Chickens will be
kept;
(d)
the applicable fee has been paid; and
(e)
all required information has been provided.
7.
The maximum number of Chicken Licenses that may be issued
shall be fifteen (15).
8.
The Chief Administrative Officer may refuse to grant or renew a
Chicken License for the following reasons:
(a)
the applicant or license holder does not or no longer meets
the requirements of this Bylaw for a Chicken License.
(b)
the applicant or license holder:
i.
furnishes false information or misrepresents any
fact or circumstance to the Chief Administrative
Officer or a Peace Officer
ii.
has, in the opinion of the Chief Administrative
Officer based on reasonable grounds, contravened
this Bylaw whether or not the contravention has
been prosecuted;
iii.
fails to pay a fine for a contravention of this Bylaw
or any other applicable Bylaw related to the keeping
of Urban Chickens;
iv.
fails to pay any fee required by this or any
applicable Bylaw; or
(c)
in the opinion of the Chief Administrative Officer based on
reasonable grounds it is in the public interest to do so.
9.
If the Chief Administrative Officer refuses to grant or renew a
Chicken License, the applicant may appeal the decision to the
Village of Alix Council.
10.
A Chicken License is valid only for the period January 1 to
December 31 in the year for which it is issued.
11.
A Chicken License is not transferable from one person to another.
12.
A Chicken License is transferrable from one property to another, at
no charge, upon successful approval of a completed application for
the new address.
13.
A person to whom a Chicken License has been issued shall
produce the license at the demand of the Chief Administrative
Officer or a Peace Officer.
KEEPING OF URBAN CHICKENS
14.
A person who keeps Urban Chickens must:
(a)
provide each Hen with at least 0.37 m2 of interior floor
area, and at least 0.92 m2 of outdoor enclosure within the Coop;
(b)
ensure the Coop is in either the side or rear yard of the
approved property;
(c)
provide and maintain, in the Coop, at least one nest box per
Coop and one perch per Hen, that is at least 15 cm long;
(d)
keep each Hen in the Coop at all times;
(e)
provide each Hen with food, water, shelter, light,
ventilation, care and opportunities for essential behaviors such as
scratching, dust-bathing, and roosting, all sufficient to maintain the
Hen in good health;
(f)
maintain the Coop in good repair and sanitary condition,
and free from vermin and noxious or offensive smells and
substances;
(g)
construct and maintain the Coop to prevent any rodent from
harboring underneath or within it or within its walls, and to prevent
entrance by any other animal;
(h)
keep a food container and water container in the Coop;
(i)
keep the Coop secured from sunset to sunrise.
(j)
remove leftover feed, trash and manure in a timely manner;
(k)
store feed within a fully enclosed container;
(l)
store no more than three (3) cubic feet of manure at a time
within a fully enclosed container;
(m)
remove all other manure not used for composting or
fertilizing and dispose of same in accordance with Village Bylaws;
(n)
follow bio-security procedures recommended by the
Canadian Food Inspection Agency to reduce potential for disease
outbreak; and
(o)
keep Hens for personal use only.
15.
No person who keeps Urban Chickens shall:
(a)
sell eggs, manure, meat, or other products derived from
Hens;
(b)
slaughter a Hen on the property;
(c)
dispose of a Hen except by delivery to a farm, abattoir,
veterinarian, or other operation that is lawfully permitted to
dispose of Hens; and
(d)
keep a Hen in a cage, kennel, or any shelter other than a
Coop.
OFFENCE AND PENALTIES
16.
A person who contravenes any provision of this Bylaw is guilty of
an offence.
17.
A person who is guilty of an offence is liable to a fine in an
amount not less than $100.00.
18.
Without restricting the generality of Section 17, the fine amount
established for use on Municipal Tags and for Violation Tickets if
a voluntary payment option is offered is $150.00.
MUNICIPAL TAG
19.
A Peace Officer is authorized and empowered to issue a Municipal
Tag to any person who the Peace Officer has reasonable and
probable grounds to believe has contravened any provision of this
Bylaw.
20.
A Municipal Tag may be issued to such person:
(a)
either personally; or
(b)
by mailing a copy to such person at his or her last know
post office address.
21.
The Municipal Tag shall be in a form approved by the Chief
Administrative Officer and shall state:
(a)
the name of the Person;
(b)
the offence;
(c)
the specified penalty established by this Bylaw for the
offence;
(d)
that the penalty shall be paid within 14 days of the issuance
of the Municipal Tag; and
(e)
any other information as may be required by the Chief
Administrative Officer.
PAYMENT IN LIEU OF PROSECUTION
22.
Where a Municipal Tag is issued pursuant to this Bylaw, the
person to whom the Municipal Tag is issued may, in lieu of being
prosecuted for the offence, pay to the Village the penalty specified
within the time period indicated on the Municipal Tag.
VIOLATION TICKET
23.
If a Municipal Tag has been issued and if the specified penalty has
not been paid within the prescribed time, then a Peace Officer is
authorized and empowered to issue a Violation Ticket pursuant to
the Provincial Offences Procedure Act.
24.
Despite Section 23, a Peace Officer is authorized and empowered
to issue a Violation Ticket to any person who the Peace Officer has
reasonable and probable grounds to believe has contravened any
provision of this Bylaw.
25.
If a Violation Ticket is issued in respect of an offence, the
Violation Ticket may:
(a)
specify the fine amount established by this Bylaw for the
offence; or
(b)
require a person to appear in court without the alternative
of making a voluntary payment.
VOLUNTARY PAYMENT
26.
A person who commits an offence may:
(a)
if a Violation Ticket is issued in respect of the offence;
(b)
if the Violation Ticket specifies the fine amount established
by this Bylaw for the offence;
Make a voluntary payment by submitting to a Clerk of the
Provincial Court, on or before the initial appearance date indicated
on the Violation Ticket, the specified penalty set out on the
Violation Ticket.
OBSTRUCTION
27.
No Person shall obstruct or hinder any person in the exercise or
performance of the person's powers pursuant to this Bylaw.
POWERS OF CHIEF ADMINISTRATIVE OFFICER
28.
Without restricting any other power, duty or function granted by
this Bylaw, the Chief Administrative Officer may:
(a)
carry out any inspections to determine compliance with this
Bylaw;
(b)
take any steps or carry out any actions required to enforce
this Bylaw;
(c)
take any steps or carry out any actions required to remedy a
contravention of this Bylaw;
(d)
establish forms for the purposes of this Bylaw; and
(e)
delegate any powers, duties, or functions under this Bylaw
to a Village Employee or Designated Officer as defined by section
210 of the Municipal Government Act.
GENERAL
29.
Nothing in this Bylaw relieves a person from complying with any
Federal or Provincial law or regulation, other Village Bylaw, or
any requirement of any lawful permit, order or license.
SEVERABILITY
30.
Every provision of this Bylaw is independent of all other
provisions and if any provision of this Bylaw is declared invalid
for any reason by a Court of competent jurisdiction, all other
provisions of this Bylaw shall remain valid and enforceable.
ENACTMENT
31.
Bylaw 430/18 is hereby repealed.
32.
This Bylaw shall come into force and effect when it has received
third reading and has been duly signed.
Read a first time this 16th day of September, 2020.
Read a second time this 16th day of September, 2020.
Read a third and final time this 16th day of September, 2020.
_______________________
______________________________
Mayor
Chief Administrative Officer