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TOWN OF NOBLEFORD
IN THE PROVINCE OF ALBERTA
BYLAW NO. 681
BEING A BYLAW OF THE TOWN OF NOBLEFORD, IN THE PROVINCE OF ALBERTA, TO
ESTABLISH AND REGULATE THE KEEPING OF CHICKENS IN URBAN AREAS
AND WHEREAS under the authority and pursuant to the provisions of the Municipal Government Act,
Revised Statutes of Alberta 2000m Chapter M-26, as amended, Council may pass a bylaw in relation to
the safety, health and welfare of people, the protections of people, and property, wild and domestic
animals and certain activities in relation to them;
AND WHEREAS the Municipal Government Act also provides that a Council may pass bylaws to provide
a system of licenses, permits and approvals;
AND WHEREAS the Council of the Town of Nobleford deems it desirable to regulate and license the
keeping of chickens in urban areas of the Town;
NOW THEREFORE, under the authority and subject to provisions of the Municipal Government Act,
Revised Statutes of Alberta 2000, Chapter M-26, as amended, the Council of the Town of Nobleford in
the Province of Alberta, duly assembled, does hereby enact the following:
1.
TITLE
1.1.
This bylaw shall be known as the "Urban Hen Bylaw"
2.
DEFINITIONS
2.1 .
a.
b.
C.
d.
e.
f.
g.
h.
i.
j.
k.
I.
The following definitions shall apply when used within this bylaw:
Adjacent Boundary: a property which either abuts directly on the property where the urban
hens will be kept or is directly separated from the property by an alley, walkway, railway, utility
lot or other similar feature;
Chicken License: a license issued by the CAO pursuant to this Bylaw authorizing the license
holder to keep Urban Chickens on a specific property within an Urban Area;
Coop: a fully enclosed weather proof structure and attached Outdoor Enclosure used for the
keeping of Urban Chickens, that is no larger than 1 0m2 in floor area, and no more than 2.4 m
in height;
Designated Officer: a bylaw enforcement officer, peace officer, police constable appointed by
the Town to enforce this bylaw;
Hen: means a domesticated female chicken;
Outdoor Enclosure: 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;
Sell: to exchange or deliver for money or its equivalent;
Rooster: means a domesticated male chicken;
Urban Chicken: a Hen that is at least 16 weeks of age;
Urban Area: lands located within the Town on which agricultural operations, including but not
limited to the keeping of livestock are neither a permitted or discretionary use under the
Town's Land Use Bylaw.
Violation Tag: a notice or tag in the form as approved by the CAO, issued by the Town,
allowing a voluntary payment option of a fine established under this Bylaw;
Violation Ticket: a ticket issued pursuant to Part 2 of the Provincial Offences Procedures Act,
Revised Statutes of Alberta 2000, Chapter P-34 and any amendments or regulations thereto.
3.
PROHIBITIONS
3.1 .
No person in an urban area shall keep:
a.
A rooster; or
b.
A hen, other than an urban hen for which a valid urban hen license has been issued.
4.
URBAN HEN LICENSES
4.1 .
The maximum number of Urban Hen Licenses that may be issued in the Town shall be fifty
(50).
4.2.
A person may keep up to five (5) Hens by:
a.
b.
c.
4.3.
4.4.
4.5.
4.6.
4.7.
a.
Submitting a completed urban hen license application on forms approved by the CAO; and
Paying a non-refundable application fee of $10.00
Paying an annual urban hen license fee of $50.00
Urban hen licenses are valid for the period of January 1 to December 31 of the year in which it
is issued and must be renewed annually prior to January 31 of each subsequent year.
Urban hen license fees shall not be reduced or prorated no matter the month of purchase.
Urban hen license fees shall not be refunded or rebated.
An urban hen license is not transferable from one property to another.
An urban hen license is not transferable from one property to another except:
When a license has moved to a new property within the Town, then:
i.
The license holder may apply to transfer the license; and
ii.
An inspection of the new property must be carried out to determine the license holder
is still able to meet all requirements for an urban hen license as set out in this Bylaw
at such property.
4.8.
A person to whom an urban hen license has been issued shall produce the license upon the
demand of a designated officer.
4.9.
A person must successfully complete a probationary period of one year, in which no
contraventions of this bylaw occur. During the probationary period, the license may be revoked
at anytime in accordance with this bylaw, without the opportunity to appeal to Council. When
the probationary period is successfully completed, the inspection process will reoccur to ensure
continued compliance with the bylaw, before a regular license is issued.
4.10. An urban hen license may be issued or renewed if the CAO is satisfied that:
a.
The applicant is the owner of the property on which the urban hen will be kept; of that the
owner of the property has provided written consent to the applicant;
b.
The land use designation of the property on which the urban hens will be kept allows the
placement of a coop for the keeping of urban hens;
c. The applicant resides on the property on which the urban hens will be kept, unless it is
designated as public land;
d.
All required information has been provided;
e.
The probationary period has been successfully completed;
f.
The applicable license fee has been paid; and
g.
The applicant has complied with all other Provincial and Federal Regulations for the keeping
of chickens.
4.11. An urban hen license may be refused or may be revoked or may not be renewed by the CAO if:
a. The applicant or license holder does not meet or no longer meets the requirements for an
urban hen license as set out in this Bylaw;
b. The applicant or license holder furnished false information or misrepresents any fact or
circumstance required pursuant to this Bylaw:
c.
The applicant or licence holder has, in the opinion of the CAO, based on reasonable grounds,
contravened any part of this Bylaw whether or not the contravention has been prosecuted;
d.
The applicant or licence holder fails to pay a fine imposed by a court for a contravention of this
Bylaw or any other applicable Bylaw related to the keeping of livestock;
e.
The applicant or licence holder fails to pay any fee required by this Bylaw or any other
applicable legislation;
f.
Will be refused by the CAO if more than fifty percent of the neighbours having adjacent
boundaries with the property where the Hens will be kept are not in support of the application;
or
g. In the opinion of the CAO, based on reasonable grounds, it is in the public interest to do so.
4.12. If the CAO revokes, or refuses to issue or renew an urban hen license, the applicant may
appeal the decision to Council, unless it occurs during the probationary period.
5.
KEEPING OF URBAN HENS
5.1.
A person who keeps an urban hen must:
a.
Provide each urban hen with at least 0.37m2 (3.98 ft2) of interior floor area, and at least
0.92m2 (9.9 ft2) of outdoor enclosure, within the coop;
b.
Ensure that each coop is:
i.
Located in the rear yard of the property, which has complete perimeter fencing;
ii.
A minimum 1.5m (5.0 ft) from the side or rear of the property;
iii. A minimum 3.1 m (10 ft) from a corner side (corner lot); and
iv. At grade level, no more than 2m (6.56 ft.) in height;
c.
Provide and maintain, in the coop, at least one nest box per coop and one perch per urban
hen that is at least 15cm (5.90 in) long;
d.
Keep each urban hen in the coop at all times;
e.
Provide each urban hen with food, water, shelter, light, ventilation, care, and opportunities for
essential behaviours such as scratching, dust -bathing, and roosting, all sufficient to maintain
the urban 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 harbouring underneath, within, 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 at all times;
j.
Remove leftover feed, trash, and manure in a timely manner;
k.
Store feed within a fully enclosed container;
I.
Store manure within a fully enclosed container, and store no more than 85 litres 3 cubic feet
of manure at any time;
m. Remove all other manure not used for composting or fertilizing and dispose of such in
accordance with Town Bylaws;
n.
Follow biosecurity procedures outlined by the Canadian Food Inspection Agency to reduce
potential for disease outbreak; and
o.
Keep urban hens for personal use only.
5.2.
No person who keeps urban hens shall:
a.
Sell eggs, manure, meat, or other products derived from an urban hen;
b.
Slaughter any urban hen on the property;
c.
Dispose of an urban hen except by delivering it to a farm, abattoir, veterinarian, or other
operation that is lawfully permitted to dispose of such; and
d.
Keep an urban hen in a cage, kennel, or any other form of shelter other than a coop.
6.
AUTHORITY OF CHIEF ADMINISTRATIVE OFFICER
6.1 .
Without restricting any other power, duty, or function granted by the Urban Hen Bylaw, the
Chief Administrative Officer may:
a.
Carry out any inspections to determine compliance with the Urban Hen Bylaw;
b.
Take any steps or carry out any actions required to enforce the Urban Hen Bylaw;
c.
Take any steps or carry out any actions required to remedy a contravention of the Urban Hen
Bylaw;
d.
Establish forms for the purposes of the Urban Hen Bylaw; and
e.
Delegate any powers, duties, or functions under the Urban Hen Bylaw to a Town employee
7.
PENAL TIES AND ENFORCEMENT
7.1.
No person shall willfully obstruct, hinder or interfere with a Peace Officer or any other person
authorized to enforce and engaged in the enforcement of the provisions of this Bylaw.
7.2.
Where there is a specified penalty listed for an offence in Schedule" A" to this Bylaw, that
amount is the minimum specified penalty for the offence.
7.3.
Where a person contravenes the same provision of this Bylaw two (2) or more times within one
twelve (12) month period, the specified penalty payable in respect of the second or subsequent
contravention shall be the amount stated in Schedule "A" for such offences.
7.4.
In the case of an offence that is of a continuing nature, a contravention constitutes a separate
offense in respect of each day or part of a day on which it continues.
7.5.
The levying and payment of any fine or the imprisonment for any period provided in this Bylaw
shall not relieve a person from the necessity of paying any fees, charges or costs from which
that person is liable under the provisions of this Bylaw or any other bylaw.
7.6.
Any Peace Officer who has reasonable and probable grounds to believe that any person has
contravened any provision of this Bylaw may issue and serve:
a.
A violation tag allowing a payment of the specified penalty to the Town; or
b.
A violation ticket allowing payment according to the provisions of the Provincial Offences
Procedure Act, Revised Statutes of Alberta 2000, Chapter P- 34 and amendments thereto.
7.7.
Service of a violation tag will be sufficient if it is:
a.
Personally served; or
b.
Served by regular mail to the person' s last known mailing address.
7.8.
If a violation ticket is issued in respect to 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.
7.9.
A person who commits an offence may:
a.
If a violation ticket is issued in respect of the offence; and
b.
If the violation ticket specified the fine amount established by this Bylaw for the offence,
make a voluntary payment equal to the specified fine by delivering the violation ticket and the
specified fine to the provincial courthouse specified on the violation ticket.
8.
SEVERABILITY
8.1.
It is the intention of Council that each separate provision of this Bylaw shall be deemed
independent of all other provisions herein and it is the further intention of Council that if any
provision of this Bylaw is declared invalid, all other provisions hereof shall remain valid and
enforceable.
9.
GENERAL
9.1.
Any person who contravenes any provision of this Bylaw by:
a.
Doing any act or thing which the person is prohibited from doing; or
b.
Failing to do any act or thing the person is required to do;
is guilty of an offence and any offence created pursuant to this Bylaw is a strict liability offence
for the purposes of prosecution under this Bylaw.
9.2.
Nothing in this Bylaw relieves a person from complying with any provision of any federal or
provincial law or regulation, other bylaw(s), or any requirement of any lawful permit, order or
licence.
9.3.
Words in the singular include the plural and words in the plural include the singular.
9.4.
This Bylaw is gender -neutral and, accordingly, any reference to one gender includes the other.
9.5.
Schedule "A" shall form a part of this Bylaw and may, from time to time, be amended.
9.6.
No provision of this Bylaw or any action taken pursuant to any provision of this Bylaw shall
restrict, limit, prevent or preclude the Town from pursuing any other remedy in relation to a
premises as provided by the Municipal Government Act, or any other law of the Province of
Alberta.
This Bylaw shall come into full force and effect upon the date of the passing of the third and final reading,
READ a first time this 26th day of April, 2022.
A
READ a second time this 17th day of May, 2022.
Joseph Hutter
READ a third time and finally PASSED this 17th day of May, 20
Joseph Hutter
SCHEDULE 'A'
Penalty 1st
Penalty 2nd
Section
Offence
&
Offence
Subsequent
2.1 (h)
Keep a rooster
$100
$250
3.1 (b)
Keep an unlicensed urban hen
$100
$250
4.3
Fail to renew urban hen license
$100
$250
4.7
Transfer urban hen license
$100
$250
4.8
Fail to produce urban hen license upon demand
$100
$250
5.1 (a)
Fail to provide adequate coop space for number of hens
$100
$250
5.1 (b)
Coop improperly located
$100
$250
5.1 (c)
Fail to provide nest box or perch per urban hen
$100
$250
5.1 (d)
Allow urban hen to be outside coop
$100
$250
5.1 (e)
Fail to adequately provide for essential hen behaviour
$100
$250
5.1 (f)
Fail to maintain coop to prevent odors
$100
$250
5.1 (g)
Fail to prevent rodents/animals from entering coop
$100
$250
5.1 (h)
Fail to keep food and water in coop
$100
$250
5.1 (i)
Fail to keep coop secured
$100
$250
5.1 U)
Fail to remove waste in timely manner
$100
$250
5.1 (k)
Fail to properly store feed
$100
$250
5.1 (I)
Fail to properly store manure
$100
$250
5.1 (m)
Fail to properly dispose of manure
$100
$250
5.1 (n)
Fail to follow biosecurity procedures
$100
$250
5.1 (o)
Keep urban hens for other than personal use
$100
$250
5.2 (a)
Sell products derived from urban hens
$100
$250
5.2 (b)
Slaughter urban hens on property
$100
$250
5.2 (c)
Unlawfully dispose of urban hen
$100
$250
5.2 (d)
Keep urban hen in other form of shelter other than coop
$100
$250