City of St. Albert Hen Bylaw 32/2018 (consolidated) — full text, St. Albert, Alberta

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Page 1 of 12 | Bylaw 32/2018 Consolidated Version of the Hen Bylaw (being Bylaw No. 32/2018 of the City of St. Albert, as amended by Bylaw No. 21/2021, 29/2022, 17/2023, 19/2024 and 22/2025 consolidated and printed under the authority of the Chief Administrative Officer of the City of St. Albert) This is certified to be a true copy of consolidated Bylaw No. 32/2018 of the City of St. Albert. _______________________________________ Marta Caufield Director of Legal, Legislative and Records Services Chief Legislative Officer Page 2 of 12 | Bylaw 32/2018 HEN BYLAW REGISTER Bylaw No. 1ST READING 2ND READING 3RD READING SIGNED AND PASSED Amend #1 32/2018 January 7, 2019 January 7, 2019 January 7, 2019 January 17, 2019 2 21/2021 May 31, 2021 May 31, 2021 May 31, 2021 June 10, 2021 3 29/2022 Sept 19, 2022 October 17, 2022 October 17, 2022 October 23, 2022 4 17/2023 September 5, 2023 October 3, 2023 October 3, 2023 October 3, 2023 5 19/2024 October 1, 2024 October 1, 2024 October 1, 2024 October 4, 2024 6 22/2025 September 2, 2025 September 16, 2025 September 16, 2025 September 18, 2025 Page 3 of 12 | Bylaw 32/2018 The text shown in parentheses in various locations throughout this document identifies the corresponding amending bylaw which authorized the change. For example (BL 5/2019) refers to Bylaw No. 5/2019. CITY OF ST. ALBERT BYLAW 32/2018 A bylaw to regulate hen keeping within the City of St. Albert ________________________________ WHEREAS pursuant to the Municipal Government Act a council may pass bylaws respecting wild and domestic animals and activities in relation to them; AND WHEREAS pursuant to the Municipal Government Act a council may by bylaw regulate or prohibit, and provide for a system of licences, permits, or approvals; NOW THEREFORE the City of St. Albert, in Council assembled, ENACTS AS FOLLOWS: TITLE 1. This bylaw may be referred to as the "Hen Bylaw". DEFINITIONS 2. In this bylaw: a. "Adjoining Neighbour" means an owner or occupant of a property that is contiguous to a Subject Property along a common property line. If the Subject Property is located on a corner lot, an Adjoining Neighbour includes an owner or occupant of property that is adjacent to the Subject Property across a rear lane, but not across a street; b. "Animal Health Act" means the Animal Health Act, SA 2007, C A-40.2 including regulations under that statute; c. "Chief Administrative Officer" means the person holding the office of Chief Administrative Officer of the City of St. Albert; d. "City" means the municipal corporation of the City of St. Albert; e. "Coop" means a fully enclosed structure intended for the keeping of Hens; e.1. "Coop Run" means a securely enclosed, roofed outdoor area attached to and forming part of a Coop, for Hens to roam; (BL 21/2021) Page 4 of 12 | Bylaw 32/2018 f. "Hen" means a female chicken; g. "Hen Keeper" means a person having any right of custody, control, or possession of a Hen; h. "Hen Licence" means a licence issued under this bylaw that authorizes the keeping of Hens in the City; i. "Licensing Authority" means the Chief Administrative Officer or a person appointed by the Chief Administrative Officer to issue Hen Licences; j. "Municipal Violation Tag" means a notice that alleges a bylaw offence and provides a person with the opportunity to pay an amount to the City in lieu of prosecution for the offence; k. "Nest Box" means a box within a Coop for the nesting of Hens; l. "Peace Officer" has the meaning set out in the Provincial Offences Procedure Act, RSA 2000, c P-34; m. "Premises Identification (PID) Number" means a nine-character combination of numbers and letters issued by the Province of Alberta pursuant to the provisions of the Animal Health Act to owners of livestock; n. "Subject Property" means a lot or parcel of land in respect of which a Hen Licence is sought or has been issued; o. "Temporary Caregiver" means a person who has been authorized by the Hen Keeper to provide care to their Hens in the event the Hen Keeper is temporarily unable to do so; and p. "Violation Ticket" has the meaning set out in the Provincial Offences Procedure Act. HEN LICENCE 3. The purpose of this bylaw is to enable hen keeping as urban agriculture, if the Hen Keeper is the holder of a valid Hen Licence and remains at all times in compliance with the provisions of this bylaw. 4. A Hen Licence may be issued only to a natural person aged 18 years or older. 5. A Hen Licence may authorize the keeping of not more than 6 Hens on the Subject Property and may be issued subject to such conditions as the Licensing Authority considers appropriate. (BL 21/2021) Page 5 of 12 | Bylaw 32/2018 6. Before a Hen Licence is issued or renewed, the applicant must provide to the satisfaction of the Licensing Authority: a. a completed Hen Licence application, in the form prescribed by the Licensing Authority; (BL 21/2021) b. the Hen Licence fee prescribed in Schedule A to this bylaw; and c. any other information reasonably required by the Licensing Authority, including but not limited to: i. the name, address, and contact information of the person who will be the Hen Keeper and of any person who may act as a Temporary Caregiver; ii. a copy of a Certificate of Title for the Subject Property issued by the Land Titles Office not more than two weeks prior to the date of the application; iii. written permission to keep hens on the Subject Property, from the registered owner of the Subject Property as shown on the Certificate of Title, if the Hen Keeper is not the registered owner; iv. a drawing that shows the location and size of the Coop and Coop Run on the Subject Property, and associated setbacks from the Coop and Coop Run to the side and rear property lines; (BL 21/2021) v. evidence that the proposed Hen Keeper has experience or training in hen keeping; and vi. a copy of the Premises Identification (PID) Number applicable to Subject Property. 7. At the time of application for a Hen Licence, the applicant must demonstrate to the satisfaction of the Licensing Authority that all Adjoining Neighbours have been notified of the intent to apply for a Hen Licence on the Subject Property. If an adjoining property of the Subject Property is undeveloped or developed but otherwise vacant, the applicant is not required to notify that adjoining property. (BL 21/2021) 8. A Hen Licence is valid for one year from the date of issuance. Page 6 of 12 | Bylaw 32/2018 9. A Hen Licence does not take effect until: a. the appeal period referenced in Section 15 has expired, if no appeal was received during the appeal period; or b. the Appeal Committee has made a decision on any appeal and that decision upholds the issuance of the Hen Licence, with or without conditions. 10. A Hen Licence is not transferable from one person or property to another. 11. Keeping of hens is a development under the Land Use Bylaw but, subject to section 36 of this bylaw, does not require a development permit under the Land Use Bylaw if hen keeping complies with and is licensed under this bylaw. 12. The Licensing Authority will notify Adjoining Neighbours when a Hen Licence is issued. 13. The Licensing Authority may refuse to issue or renew a Hen Licence, or may revoke a previously issued Hen Licence, for any of the following reasons: a. an applicant for or holder of a Hen Licence does not meet or has ceased to meet the requirements of this bylaw; b. an applicant has submitted false information; c. an applicant for or holder of a Hen Licence has outstanding unpaid fines under this bylaw; d. an applicant has previously been the holder of a Hen Licence that was revoked for non-compliance with this bylaw, or in respect of which an order has been made under section 645 of the Municipal Government Act; e. an applicant for or holder of a Hen Licence has been convicted of any offence involving abuse, mistreatment or negligent treatment or keeping of animals; or f. in the opinion of the Licensing Authority, it is in the public interest to refuse to issue a Hen Licence. APPEAL 14. An appeal lies from a decision of the Licensing Authority to: a. issue a Hen Licence, if the appellant is an Adjoining Neighbour; Page 7 of 12 | Bylaw 32/2018 b. impose conditions on a Hen Licence, if the appellant is the person who applied for the Hen Licence or is an Adjoining Neighbour; c. refuse to issue a Hen Licence, if the appellant is the person who applied for the Hen Licence; or d. revoke a Hen Licence, if the appellant is the holder of the Hen Licence that was revoked. 15. An appeal under section 14 must be in writing, addressed to the Office of the Chief Administrative Officer, and must be received in that Office not later than 14 days after the decision appealed from is issued. 16. An Adjoining Neighbour may appeal under clause 14(a) or 14(b) of this bylaw only if the grounds of appeal are: a. that the keeping of hens on the Subject Property is likely to have a materially adverse effect on the health of the Adjoining Neighbour or of a person living in the premises of the Adjoining Neighbour; or b. a reason or factor listed in clauses 13(a), (b), (d) or (e) of this bylaw. 17. As soon as reasonably practicable and in any event not more than 14 days after receiving a notice of appeal the Chief Administrative Officer must appoint an Appeal Committee for the purpose of hearing the appeal, and apart from appointing the Appeal Committee and providing it with administrative support the Chief Administrative Officer shall not be involved in the appeal process. 18. The Appeal Committee shall consist of 3 members none of whom is an employee or council member of the City and at least one of whom is either a lawyer with expertise in administrative law or a person with experience acting as a member of an administrative or quasi-judicial tribunal. In the case of an appeal from an Adjoining Neighbour alleging the likelihood of a materially adverse health effect, the Chief Administrative Officer must also make reasonable efforts to appoint to the Appeal Committee a licensed and practicing veterinarian and a licensed and practicing physician. 19. The Appeal Committee shall schedule the hearing of the appeal within 30 days after notice of appeal. 20. Subject to the requirements of this bylaw the Appeal Committee members shall from among themselves choose a Chair and may establish a procedure consistent with principles of natural justice for the hearing of the appeal. Page 8 of 12 | Bylaw 32/2018 21. The Appeal Committee shall provide its decision in writing, with reasons, within 7 business days of the hearing of the appeal. The Appeal Committee may: a. uphold the decision of the Licensing Authority; b. vary the decision of the Licensing Authority, including imposing conditions on a Hen Licence that differ from any conditions imposed by the Licensing Authority; or c. overturn the decision of the Licensing Authority. 22. The decision of the Appeal Committee is final and binding and is not subject to appeal to a Court. RESPONSIBILITIES OF A HEN KEEPER 23. Hen Keepers must comply with the Animal Health Act. 24. Hen Keepers, owners of a Subject Property, and Temporary Caregivers must: a. ensure good husbandry practices where each Hen is provided with food, unfrozen water, shelter, adequate light, ventilation, warmth, veterinary care, and opportunities to scratch, peck, dust-bathe, roost, and socialize with their own kind; b. provide warmth to the Hens through heat lamps, wall insulation, poly- sheeting, seedling heat mats, or other means; c. maintain the Coop in good repair and sanitary conditions, free from vermin and noxious and offensive smells and substances; d. construct and maintain the Coop to prevent rodents from being harboured underneath, within, or within the walls of the Coop, and to prevent access to the Coop by any other animal; e. keep each Hen in a secured area at all times; f. keep each Hen locked in the Coop from sunset on any given day, to sunrise the following day; g. ensure that Hens are kept in the Coop with all openings, such as doors and windows, secured in such a manner that will not allow predators to enter; h. keep food and water containers in the Coop; Page 9 of 12 | Bylaw 32/2018 i. store feed in a fully enclosed, non-penetrable container; j. remove leftover feed, trash, and manure, in a timely manner; k. follow biosecurity procedures recommended by the Canadian Food Inspection Agency (CFIA); l. ensure Hens are slaughtered or euthanized at an appropriate location or facility, not on the Subject Property; m. dispose of the carcass of a Hen deceased by natural causes, by double bagging and bringing it to a veterinarian, farm, abattoir, or other operation that is lawfully permitted to dispose of Hens; n. take Hens to a veterinarian, farm, abattoir, or other operation if Hens are no longer wanted; o. keep Hens for personal use only, and not sell eggs, manure, meat, or any other products derived from Hens; and p. keep a Hen in a cage only when actively transporting the Hen. HEN KEEPING GENERAL REGULATIONS 25. Hen keeping is permitted under and in accordance with this bylaw. 26. This bylaw applies to the activity of Hen keeping for personal use only. The commercial sale of Hens or Hen products is not permitted. 27. This Bylaw enables the keeping of Hens within the confines of a fenced property and does not permit Hens to be sheltered within a residential dwelling unit. 28. Each Hen must be a minimum of 4 months (16 weeks) old when acquired for keeping under a Hen Licence. 29. This bylaw does not exempt a person from complying with any Federal or Provincial law or regulation, other City bylaw, or any requirement of any lawful permit, order, or licence. COOP REQUIREMENTS FOR HEN KEEPING 30. A Coop is only permitted within a fenced side or rear yard of a residential property. 31. A Coop must be located at grade level, but not over a utility right-of-way. 32. A minimum Coop indoor floor area of 0.37 sq. m. (4 sq. ft.) per Hen is required. Page 10 of 12 | Bylaw 32/2018 32.1. A minimum Coop Run outdoor area of 0.93 sq. m. (10 sq. ft.) per Hen is required. (BL 21/2021) 33. A Coop must contain a minimum of 1 Nest Box for every 3 hens. (BL 21/2021) 34. The setbacks of a Coop from property lines and/or other structures within the same property must comply with the minimum requirements outlined in the Land Use Bylaw for an accessory building. 35. The maximum lot coverage of all structures on a property, including a Coop, must comply with the Land Use Bylaw. 36. A development permit is required for a Coop if the floor area and/or height of the Coop does not comply with the requirements of the Land Use Bylaw for an Accessory Building. A separate owner authorization form for the development permit is required, if a development permit is required. 37. The Licensing Authority has the authority to impose additional site-specific conditions. ENFORCEMENT Offence 38. The Licensing Authority or a Peace Officer may enter upon any Subject Property to inspect for compliance with this bylaw. 39. Should a hen keeping site, Coop, or Hen Keeper be found to be non-compliant with this Bylaw at any time, enforcement action may be taken including without limitation: issuing a Municipal Violation Tag or Violation Ticket, revocation of a Hen Licence or issuance of a Stop Order under Section 645 of the Municipal Government Act. 40. Should Hens and/or a Coop be ordered to be removed, all costs and associated expenditures related to the removal shall be the responsibility of the property owner. 41. A person who contravenes any provision of this Bylaw is guilty of an offence. Page 11 of 12 | Bylaw 32/2018 Continuing Offence 42. In the case of an offence that is of a continuing nature, a contravention of a provision of this bylaw constitutes a separate offence with respect to each day, or part of a day, during which the contravention continues. A person guilty of such an offence is liable to a fine in an amount not less than that established by this Bylaw for each such separate offence. Fines and Penalties 43. A Person who is guilty of an offence under this Bylaw is liable to a specified penalty of $250.00. Municipal Violation Tag 44. A Peace Officer may issue, with respect to an offence under this Bylaw, a Municipal Violation Tag specifying the fine amount established by this Bylaw. 45. Where a Municipal Violation Tag is issued, the fine amount indicated thereon may be paid within the time limited on the Tag for payment, and if paid in full and on time no prosecution will be initiated. Violation Ticket 46. A Peace Officer may issue, with respect to an offence under this bylaw, a Violation Ticket specifying the fine amount established by this bylaw. 47. Where a Violation Ticket specifies a fine amount, a voluntary payment equal to the specified fine amount may be made as directed on the Violation Ticket. SEVERABILITY 48. Should any provision of this bylaw be declared invalid by a court, the remainder of this bylaw shall continue in full force and effect. EFFECTIVE DATE 49. This bylaw comes into effect when it is passed. Page 12 of 12 | Bylaw 32/2018 SCHEDULE A - FEES Effective January 1, 2026 Fee Description Fee Hen Licence Fee Hen Licences are valid for one (1) year following the date of issuance. $53.00 (BL 21/2021, BL 29/2022, BL 17/2023, BL 19/2024, BL 25/2025)