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BYLAW NO. 1O2Ol17
A BYLAW for the purpose of licensing and regulating chicken(s) on
identified residential parcels in Clearwater County.
WHEREAS pursuant to sectionT 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; wild 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 licences, permits and approvals.
NOW, THEREFORE, the Council of Cleanruater County in the Province of
Alberta duly assembled enacts as follows:
1.1 Title
This Bylaw may be cited as "Clearwater County Chicken Bylaw" and will
be referred to herein as "this Bylaw".
1.2 Defi
In this Bylaw, unless the context othen¡rise requires, the term
"BYLAW ENFORCEMENT OFFICER" although primarily the Agricultural
Services Department Staff of Cleanryater County, it shall also include
anyone else employed by or contracted through Cleanryater County.
"CHICKEN" means one female chicken of any age
"CHICKENS" means more than one female chicken of any age
"CHICKEN LICENCE" means a license issued by Clearwater County
pursuant to this bylaw authorizing the license holder to keep a minimum
of one (1) chicken and up to a maximum of six (6) chickens on a
residential property.
"COOP'' means a fully enclosed weather proof structure and attached
outdoor enclosure used for the keeping of chicken(s).
"COUNCIL" means the Municipal Council of Clearwater County
"COUNTRY RESIDENCE" or "GR" Land Use District specifically for
residential use, found within several of Clean¡rrater County's multi lot
residential subd ivisions.
"HAMLET RES¡DENTIAL" or "HR" Land Use District specifically for
residential use, found within the following Clearwater County Hamlets
Alhambra, Condor, Leslieville & Withrow.
"JUDGE" has the meaning as defined in the Provincial Offences
Procedures Acf (RSA 2000) and amendments thereto.
"MUNIC¡PALITY" means Clearuvater County
"OWNER" means a natural person or body corporate that has legal title
to the chicken(s), and includes any person who has possession or
custody of the chicken(s), either temporarily or permanently, or harbours
the chicken(s), or allows the chicken(s) to remain on his premises.
Page 1 of 6
"PROVINCIAL COURT" means the Provincial Court of the Province of
Alberta.
"RESIDENTIAL PROPERTY" means a private property that is located in
the Hamlet Residential "HR" & Country Residence "CR", Land Use
Districts of Cleanruater County.
"ROOSTER" means a male chicken(s)
rrRUN" means an area attached to a coop that chicken(s) range in and
that is fully enclosed with chicken wire.
"UNCONFINED" means any chicken(s) on the property of the owner that
is not confined to the coop or Bylaw Enforcement portion of the property
set out in the regulation of the municipality.
"VIOLATION TICKET" has the same meaning as in the Provincial
Offences Procedure Act.
1.3 Purpose
The purpose of this bylaw is to regulate and control the keeping of up
to six (6) chicken(s) on a residential property in four (a) of Cleanruater
County's hamlets; namely (those being) Alhambra, Condor, Leslieville,
Withrow and multi lot residential subdivisions excepting:
o Multi-lot residential subdivisions that have a restrictive covenant,
restricting chickens or livestock from being raised on a property.
. Any multi-lot residential subdivision located within Range 9 and
west.
2.0 Prohibitions
On a residential property, no person shall:
a) Keep a rooster;
b) Keep one or more chickens, unless a valid chicken license has
been issued.
c) Allow chickens outside a coop on the license owners property.
d) Keep any chicken(s) if the residential property is located in or
west of Range 9.
e) Keep any chicken(s) if there is a restrictive covenant in place that
restricts a property owner from having chicken(s) or livestock on
a property.
3.0 Residential Chicken(s) Provisions
3.1 A person is guilty of an offence if that person keeps or harbours
chicken(s) on any residential property located within Cleanruater
County, except as provided for in this bylaw.
3.2 Any Bylaw Enforcement Officer may seize and impound any chicken(s)
within any portion of a residential property located within Cleanuater
County, if the chicken(s) are being kept without a license.
3.3 A Bylaw Enforcement Officer is hereby authorized to enter any land or
premises (excluding dwelling houses) at any reasonable time within a
residential property located in Cleanruater County to inspect for
compliance with the provisions of this bylaw.
3.4 Any person is guilty of an offence, if they;
a
lnterfere with, or attempt to obstruct, a Bylaw Enforcement
Officer who is attempting to capture, or who has captured, any
chicken(s).
Remove, or attempt to remove, any chicken(s) from the
possession of a Bylaw Enforcement Officer.
Refuse to provide identification (name, address, and date of
birth) and proof thereof to a Bylaw Enforcement Officer upon
request.
Provide false or misleading information to a Bylaw Enforcement
Officer.
Fail to renew their license on or before the last day in the month
that their license expires, shall be guilty of an offence and subject
to the penalties provided for in this bylaw.
e
f
g
h
Harbour rooster(s) on a residential property within Clearwater
County.
Slaughter any chicken(s) on a residential property
Harbour more than six (6) chickens per residential property, as
defined by the Land Use Bylaw.
Bury dead chicken(s) on a residential property. Dead chicken(s)
shall be disposed by delivery to a farm, abattoir, veterinarian,
mobile slaughter unit, or other facility that has the ability to
dispose of chicken(s) lawfully.
Fail to locate a coop in accordance to the ancillary building
regulations of the Land Use Bylaw (6 3)
k. At the discretion of a Bylaw Enforcement Officer, fail to keep a
coop in good repair, maintained in a clean and sanitary condition,
free of vermin, obnoxious smells and substances limited so as
not to create a nuisance or disturbance to neighboring residents
due to noise, odor, damage or threats to public health.
At the discretion of a Bylaw Enforcement Officer their, chicken
waste (manure) is not stored in a fully enclosed structure or
container. A Bylaw Enforcement Officer is hereby authorized to
enter onto private property to remove chicken waste at the
expense of the landowner. The chicken waste should be
disposed of in an environmentally friendly manner.
Have unconfined chicken(s)
Have a coop, not including the run, that is larger then 4.6 square
meters (50 square feet). Or if they have a coop that is smaller
then what is provincially required for a maximum of six (6)
chickens. The coop shall be no more than 2.0 m (6.56 feet) in
height and must be a fully enclosed structure with securable
access to the outside run area.
Have a run area not including the coop that is larger then 9.2
square meters (100 square feet). Or if they have a run that is
smaller then what is provincially required for a maximum of six (6)
chickens. The run shall be fully enclosed by chicken wire with
access into the chicken coop.
b
c.
d
m
n.
o.
3.5 A Bylaw Enforcement Officer is hereby authorized to use live traps,
nets or any other similar means to effect capture of chicken(s). A
Bylaw Enforcement Officer shall not be held liable for the death or
injury of any chicken(s).
4.0 Keepinq of Chicken(s)
4.1 Every owner who wishes to participate in the "keeping of chicken(s)"
on a residential property shall submit a license application and pay to
Cleanruater County a license fee as set out in Schedule "4".
4.2 Cleanryater County has the right, at its sole and unfettered discretion,
to rescind a license if offences continue to be committed by the owner
4.3 Upon receiving any chicken(s) for impound, a Bylaw Enforcement
Officer shall make reasonable efforts to identify and contact the owner
of the chicken(s).
4.4 The Bylaw Enforcement Officer shall not immediately euthanize
chicken(s) unless on a vet recommendation. Chicken(s) may be
euthanized or othenruise dispose of any impounded chicken(s) after the
chicken(s) are kept in the Bylaw Enforcement impound facility for 72
hours, not including the day of impounding, Sundays or Statutory
Holidays. The chicken(s) may be retained for a longer period if in the
opinion of a bylaw enforcement officer circumstances warrant the
expense.
4.5 Any healthy chicken(s) may be returned to the owner during the72-
hour period of impoundment upon payment of a fine set out in
Schedule A as well as any costs associated with the impoundment,
care or euthanizing of the chicken(s).
4.6 Any person claiming impounded chicken(s) shall present government
issued identification to the Bylaw Enforcement Officer.
S.0Violation Tickets and Continuinq Offences
5.1 Where a Bylaw Enforcement officer has reasonable grounds to believe
that a person has contravened any provision of this Bylaw;
The Bylaw Enforcement Officer may serve upon the person a
municipal ticket allowing payment of the specified fine as set
out in Schedule "4" of this bylaw, in accordance with the
Provincial Offences Procedure Act, RSA 2000 cP-34 s27;2009
c52 s7 and amendments thereto, allowing a voluntary
payment or requiring a person to appear in court, without the
alternative of making a voluntary payment.
5.2 A municipal ticket shall be deemed to be sufficiently served if:
Served personally on the owner of any chicken(s), or left at the
owner of the parcel upon which the chicken(s) reside; or
Mailed to the address of the owner of any chicken(s)
Penalties for a second, third and subsequent offences will be
applicable, where those offences occur within one (1) year of
the first or most recent offence.
a
b
c
ln the case of an offence that is of a continuing nature, a
contravention constitutes a separate offence in respect of
each day, or part of a day, on which the offence continues and
any person guilty of such an offence is liable to a fine in the
amount not less than that established by this bylaw for each
such day.
GENERAL
Nothing in this Bylaw relieves any person from compliance with any other
Bylaw or applicable federal or provincial law, regulation, or enactment.
SEVERABILITY
lf any portion of this Bylaw is declared invalid by a court of competent
jurisdiction, then the invalid portion shall be severed and the remainder of
the Bylaw shall be deemed valid.
EFFECTIVE DATE
This Bylaw comes into force and effect upon third and final reading.
READ A FIRST TIME this 25 day of April 4.D., 2017.
REEVE
CHIEF
OFFICER
PUBLIC HEARING held this 13 day of June 4.D., 2017
READ A SECOND TIME this 13
day of June 4.D., 2017
READ A THIRD AND FINAL TIME this
1
ofJune
2017
REEVE
CHIEF A
IS
VE OFFICER
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3.4(d)
3.a(c)
3.4(b)
3.4(a)
3.1
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3.4(o)
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3.4(m)
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. Bi annual chicken license fee
,icense Fees
Remove/attempt to remove
chicken(s) from a Bylaw
Enforcement Officer
lnterfere with a Bylaw
Enforcement Officer
Harbouring chicken(s)
Offence
Chicken(s) running at large
Waste not stored in an enclosed
structure or container
Fail to maintain a coop in a
sanitary cond ition/good repair
Coop not located properly
Unlavrrful disposal of dead
chicken(s)
Harbouring more than six (6)
chickens on a residential property
Slaughter of chicken(s) on a
residential property
Harbouring rooster(s) on a
residential property
Fail to license chicken(s)
Providing false or misleading
information to Bylaw Enforcement
Officer
Refuse to provide identification to
Bylaw Enforcement officer
Run fails to meet size
requirements
Coop fails to meet size
requirements
$200.00
First
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$200.00
$500.00
$500.00
$500.00
$500.00
$100.00
$100.00
$100.00
$100.00
$200.00
$200.00
$400.00
$1000.00
$1000.00
$1000.00
$1000.00
$400.00
Second
$200.00
$200.00
$200.00
$200.00
$200.00
$200.00
$200.00
$200.00
$1500.00
$1500.00
$1500.00
$800.00
Third &
Subsequent
$25.00
Amount
$300.00
$300.00
$300.00
$300.00
$300.00
$300.00
$300.00
$300.00
$300.00
$800.00
$1500.00
$300.00