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HomeMy WebLinkAboutCLD-004-10~j REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 29, 2010 Resolution#: U~A'a~ /b By-law#: N/A C-/.53-/b Report: CLD-004-10 File#: Subject: URBAN "BACKYARD" CHICKEN FARMING RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: T THAT Report CLD-004-10 be received; 2. THAT the request to amend the Exotic Pet By-law, By-law 93-161, to allow for raising chickens on non-agriculturally zoned lands be denied, and 3. THAT all interested parties listed in Report CLD-004-10 be advised of Council's decision. Submitted by: PLB/CAG (--=- Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: CLD-004-10 PAGE 2 1.0 BACKGROUND By-law 93-161, being a by-law to prohibit and regulate the keeping of certain animals within the Municipality of Clarington was enacted by Council on October 12, 1993. Section 4(a) establishes the restriction of only allowing the keeping of chickens on lands zoned Agricultural (A). On November 23, 2009 Council considered correspondence requesting an amendment to By-law 93-161 to permit the keeping of chickens in urban areas within the Municipality of Clarington. Council referred the correspondence to the Municipal Clerk, the Director of Planning Services and the Agricultural Advisory Committee of Clarington for comment. 2.0 DISCUSSION 2.1 Staff undertook research of this matter of urban "backyard" chicken farming, including contacting approximately 20 municipalities, and seeking input from a variety of publications, the Clarington Animal Advisory Committee and the Agricultural Advisory Committee of Clarington. Appendix 1 to this Report is a summary of the responses from municipalities within Ontario. 2.2 In Ontario, the only municipalities that we are able to determine permitted chickens to be raised in backyards in urban areas are the Cities of Niagara Falls, Brampton and Oshawa. It is worthy to note, however, that Oshawa has indicated that when their current by-law was written, chickens were not prohibited in error. They advise that they are currently reviewing their Responsible Pet By-law and expect that chickens will, once again, be prohibited in urban areas. 2.3 The City of Vancouver is currently reviewing the issue. In March 2009, under the direction of Council, staff drafted a guideline governing the keeping of backyard hens. Essentially this guideline provides for: • Amending the by-law to permit a limited number of hens • Establishing standard size and location of hen enclosures • Establishing coop features and basic care for the hens including food, water, shelter, ventilation, veterinary care, and essential behavours • Requiring pest control, sanitation standards, and biosecurity requirements • Impoundment, enforcement and other regulations • Mandatory registration with the Animal Services on-line registry • Prohibiting backyard slaughter of hens • Prohibiting the sale of hens and eggs This matter is still under review with the City of Vancouver, and as such, backyard chickens are currently prohibited in urban areas. 2.4 The City of Toronto currently does not permit backyard chickens, despite pressure from a few select residents. As of last June, the City of Toronto was REPORT NO.: CLD-004-10 PAGE 3 considering a pilot project, although at that time, the pilot had neither been defined nor implemented. 2.5 Staff met with the Clarington Animal Advisory Committee and discussed this matter in detail. Some members were very much opposed to the concept and others supported the concept, in theory. The Committee passed the following resolution: WHEREAS, in theory, it is possible that there are some responsible people who would be willing to raise poultry; and WHEREAS the geographic landscape and availability the for organic poultry and eggs in Clarington provide viable options for the residents of Clarington; and WHEREAS there is a lack of a regulatory control in this respect; NOW THEREFORE BE IT RESOLVED THAT the Animal Advisory Committee believes that the Municipality of Clarington is not ready nor prepared to permit the keeping of backyard chickens in urban, non- agriculturally zoned areas within Clarington. 2.6 Staff met with the Agricultural Advisory Committee of Clarington and the owners of a local egg farm to discuss this matter and to seek their input on the arguments put forth by the requester in her correspondence. While the members remained open to the concept of backyard farming and acknowledged that the "odd" chicken here and there in the urban communities within Clarington should not pose a problem per se, they raised a number of concems should urban backyard chickens be permitted throughout the Municipality. Their concerns were as follows: 2.6.1 Predators -The keeping of chickens in backyards would attract predators such as raccoons, coyotes, foxes, etc. Additionally, it may attract more vermin such as mice and rats. 2.6.2 Disposal -Chickens lay for about 300 days. Once the chicken no longer lays, or when an individual loses interest, the disposal of the chickens would need to be regulated. 2.6.3 Lack of regulatory control -The Egg Farmers of Ontario (EFO) standards are enforced by the Canadian Food Drug Agency (CFDA) inspectors for commercial egg operations. There are no regulations governing "backyard" chicken operations to protect the community as well as the chickens. REPORT NO.: CLD-004-10 PAGE 4 2.6.4 Health -With the lack of regulatory control, there is a potential for spread of disease. (This issue will be discussed in more detail under section 2.7 of this report.) Chickens purchased/raised for commercial operations are vaccinated to reduce health risks. There is a potential for increased health risks when chickens are not vaccinated. 2.6.5 Noise -Chickens cluck and roosters crow. Depending on the density of the urban area, the noise from the chickens could/would quite reasonably become an issue for area residents. 2.6.6 Odour - While a single chicken or two should not produce a significant odour that would impact neighbours, depending on the density of the urban area and the degree to which the owner maintains the property the odour could/would quite reasonably become an issue for area residents. 2.6.7 Liability -Chickens are not generally friendly and should a chicken break free of the owner's property, they are extremely difficult to catch. The owner would be liable for any injuries or damages. The Agricultural Advisory Committee of Clarington passed the following resolution at their January 14, 2010 meeting: AACC does not support the keeping of livestock on non-agricultural properties 2.7 The Clarington Animal Services Officers, our in-house experts ofanimal-related activities within our community, have raised several concerns, the majority of which were raised by our Agricultural Advisory Committee (as detailed above in this Report), including predators, noise, odour, waste management, disease control, and strays. Clarington Animal Services currently comprises of one part-time and four full-time officers as well as one part-time clerical support staff person who provide the following services to our community: enforcement of animal related by-laws, sheltering of strays, adoptions, and public education. Animal Services governs primarily domestic animals (ie dogs and cats), but may also provide advice and recommendations pertaining to wildlife. At no time has Animal Services become involved in livestock related matters, with the exception of horses at large. Existing Animal Services resources would be insufficient to regulate backyard chickens. Staff would require additional training, accommodations would have to be acquired/built to house and keep stray chickens, and additional staff would be required to handle the increased workload of accepting calls, undertaking investigations, conducting inspections and routine enforcement activities. REPORT NO.: CLD-004-10 PAGE 5 2.8 Staff contacted the Region of Durham Environmental Health Division for feedback respecting backyard chickens and related community health concerns. The Region advised they currently have no existing regulations. The Manager of Health Hazards advised that should backyard chickens be permitted in urban areas they would anticipate receiving calls regarding odours, disposal of the birds, noise, vermin and blood (should there be a killing of the bird or by the bird). She further clarified though, that the only health-related matter that they would become involved in would be involving the blood. Additionally, the Manager provided links to various resource information regarding diseases and viruses relating to birds/chickens which the spread of is a concern. These include, but are not limited to the Avian influenza, exotic Newcastle disease, Mereks' disease, histoplasmosis, salmonella, and citicosis. 2.9 The CFDA is a regulatory body that, along with the EFO, regulates commercial egg producing operations. Standard regulations are set and enforced to ensure the protection of the chickens and the eggs, as well as humans either coming in contact with the eggs and chicken farming operations and those consuming the eggs. Staff contacted the CFDA for access to any regulations set for "backyard" chickens. The CFDA website does provide a "how to" on prevention and detection of diseases in backyard flocks and pet birds. They did not, however, have any regulations regarding the keeping of the flocks. The EFO is an independent, self-governing farming organization whose mandate is to provide consumers with a guaranteed supply of safe, high quality eggs at the most reasonable prices possible. The EFO developed a number of programs and practices to ensure production of safe, high quality eggs. These include an approved Code of Practice for Laying Operations (covering cage size, lighting, ventilation, water and feed, waste removal, and pest control), mandatory bacteria testing of the laying operations, standardized safety and quality programs and regular on-farm inspections. The EFO confirms that these regulations do not extend to private "backyard" chicken operations. Through contacting the EFO, staff also spoke with Dr. Mike Petrik, DVM, Poultry Veterinarian who authored urban e4y farmer.• top ten list of chores on behalf of the EFO. Issues raised by Dr. Petrik primarily deal with hen health, hen welfare, egg quality, and consequently human health. Through ignorance or a lack of understanding, the health of the poultry is often compromised whether it is from inappropriate protection from the elements and predators or lack of nutrition due to poor diet. Dr. Petrik further stated that he concurs with the issues raised by our Agricultural Advisory Committee but believes none of them to be insurmountable if there were a regulatory body to maintain a registry and to enforce regulations. REPORT NO.: CLD-004-10 PAGE 6 CONCLUSION A select few residents of Clarington have expressed an interest in keeping backyard chickens and claim it to be safe, educational, environmentally responsible, natural and fun. With the exception of a few select municipalities in Ontario, the keeping of chickens within urban areas is generally prohibited. 82% of Clarington is zoned Agricultural, and this geographic landscape, therefore provides an option for those residents wishing to participate in livestock activities. Research of this matter indicates that if chickens are permitted in backyards in urban areas, it must be regulated in order to manage noise, odour, conditions, and to mitigate the transmission of disease. Animal Services resources are currently maximized and we are, therefore, not able to expand our services. Currently, within the Municipality of Clarington there are several organic egg suppliers. As well, many of our local farms offer educational programs. For these reasons, it is recommended that the request to amend the Exotic Pet By-law to permit the keeping of chickens in urban areas be denied. Interested Parties: Emily Pillinger Larissa Watson Brenda and Ron Metcalf Agricultural Advisory Committee of Clarington Clarington Animal Advisory Committee Egg Farmers of Ontario Dr. Mike Petrik, DVM Oa Y r r xa =o ° cG m Q >Z Q e6nesslsslW o °O c o ~ ~ O Y Z ~ O N N N C elweg p O. 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