We have a situation with our township by-law which brought…

Question

We have a situation with our township by-law which brought to our attention a
complaint
from neighbor that we had chickens in our garage. The officer said as we knew
they do not
have a by-law for poultry and that it is under the zoning by-law. We are rated
residential
obviously. We verified some other places such as Vancouver, Victoria, Brampton
by-law
for allowing poultry with their restrictions on fenced yard and coop. We had our
poultry
since May 12. 24 now so we can sex them to keep only 6 female no rooster. Is
poultry
not a pet bird? The breed we have are example: white and black crested polish
breed and
wellsummer they are not commonly used as commercial breed. Is there any
possibilities
for us to argue about the fact that poultry is a type of bird and not farm
animal . There
by-law only specity animal dogs no others. Without fighting under the zoning
bylaw
marthe

Tom B. · Accepted Answer

Tom Bulmer :

I am in Victoria where you can have chickens.

Customer:

I am in Embrun east of Ottawa.

Tom Bulmer :

I know where you are. I was OPP years ago but never had to deal with chickens in
a residential area. Cows...yes. .....More....

Tom Bulmer :

You have not been charged with any offence?

Customer:

What is it we can do to fight this at the township what can we use what about

Tom Bulmer :

My question is fight what? If you have not been charged with a bylaw offence,
what are you facing??

Customer:

no we were advised by the by-law officer of the complaint and that matters are
based on zoning bylaw

Customer:

not to charged. We know the neighbor will complain again if we do not get the
chickens out of here

Customer:

and buy the way my husband is landlord of opp station here in Embrun do you know
of Dave Lemieux

Tom Bulmer :

Well, you cannot have a farm. Unlike where you are, I have a friend with
chickens and he actually sells eggs and can apply for tax credits. But, you are
on the correct track in my opinion. They are birds. Unless there is a bylaw
prohibiting the number of pets, (I do not know that) then you have 6 parrots, 6
cats, 2 mice and 4 rabbits.

Tom Bulmer :

This is not a private place so don't use real names.

Customer:

i understand we are on the right track to use chicken definition of a fowl and
not farm or livestock animal

Tom Bulmer :

The neighbor can complain again and perhaps talk about noise. Certainly a
Rooster is a problem under most noise restrictions.

Customer:

we have no rooster for sure. we intend to meet with the bylaw people next week
could we suggest

Customer:

they write a bylaw stating what we want based on other townships bylaws

Customer:

I kind of lost everything on my screen are you still there

Tom Bulmer :

If your poultry is bothering the neighbor, there is any number of methods of
complaint. But, you have an argument that these are just birds and that you are
not operating a farm out of zoning.

Tom Bulmer :

Local governments have jurisdiction in this regard. But, there has to be a
stated law that you are in violation of.

Tom Bulmer :

Hello??

Customer:

is this it or are you typing some more

Tom Bulmer :

No that is my opinion. The government has to show why you cannot have these
birds and my sense is that they really do not know what to do about it at this
point. That is why they are switching between zoning which can be regulated by a
larger body such a a Regional District and the town bylaws that have to have
regulations in place in their jurisdiction. Since no one can point to a
violation, just wait.

Tom Bulmer :

Tom

Customer:

i understand that these people will come back again to check if we still have
the chickens. Are we to

Customer:

just let these go or keep them and fight the matter at the town hall.

Customer:

they will argue the fact that these are livestock animal and not birds and
definitely not pets

Tom Bulmer :

That is the problem. No one has told you what you are in violation of and under
what statute, or bylaw.

Customer:

the zoning by law is the arguement. they say chickens are livestock

Tom Bulmer :

Who is "they". That is the problem with a lot of law enforcement. If a chicken
is livestock, then it is defined as such somewhere. Otherwise, it is a bird. It
could be that there is some definition that places a chicken in the same
category as cows but no one has told you where the authority is for their
position. Certainly I can't figure out all they tell you and more importantly,
you should not have to. Obviously, if you got rid of the birds then you can end
the debate. But, you have a right to know what section of what statute or bylaw
that you are infringing. If no one can tell you, I would assume you are not
violating anything. If they can quote a section of any law, then a lawyer has
something to work with.

Tom Bulmer :

I can't tell you whether you are breaking a law that may not exist.

Customer:

yeah ok thank alot. We this goes any further we will debate with the definition
of chicken by standard

Tom Bulmer :

Cheers,

Tom Bulmer :

Please accept my answer for my time.

Tom Bulmer :

Tom

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