​No harm, no fowl, as backyard chickens get the axe in Huron-Kinloss

Huron-Kinloss council has maintained its stance against allowing chickens to be raised in the backyard of residential properties in the township.

The issue came forward at the committee-of-the-whole meeting Wednesday night (Sept. 4), initially, as part of the bylaw enforcement officer’s report.

In that report, bylaw officer Heather Falconer noted that concerns had been received from residents about a neighbour housing chickens in the residential area. After an inspection of the property, a notice of violation was issued to remove the chickens.

Chickens are not a domesticated animal/pet but are considered an agricultural animal by the Ontario agriculture ministry, stated Falconer. Therefore, they are permitted only on agriculturally-zoned properties.

In a letter to council, via E-mail, property owner Adam Kreuger said he had received the order to remove his backyard chickens, but noted that the township does not have a bylaw that governs such animals.

“Therefore, we are governed only by the zoning bylaw which does not have provisions for livestock in residential zones,” he stated, adding that having the backyard chickens is helpful to his daughters who are struggling with some mental health issues.

“Girls love animals,” stated Kreuger, in the letter, “and caring for another life, along with hands-on responsibilities, would be a great way to disconnect from the constant presence of their devices. We live in the country (relatively speaking), so I thought farm therapy was the perfect solution. I read that chickens can be very social, are often considered pets and even seen as emotional support animals. And like gardening, there can be a real sense of pride and satisfaction reaping the rewards of your efforts. We are a family of egg lovers. So, chickens would be perfect!”

Kreuger stated that he searched the township website for rules about backyard chickens and found nothing. He checked with the neighbours on either side of his property and they were fine with the idea. So, he got the chickens. He and his family raised them and built a coop for them, and after they got loose through the back of the property, put up a fence.

“I am truly amazed that people living in massive, densely-populated cities, such as Toronto, can have backyard chickens but we, living in rural areas with our oversized lots, cannot,” stated Kreuger, adding a request for relief from the eviction order so he and his family can keep their chickens.

In a response to Kreuger, clerk Jennifer White stated that the issue would come before council Sept. 4, and noted that the zoning bylaw, posted on the township website, outlines the permitted uses of a property based on the type of zoning designation.

As a result of Kreuger’s feedback, staff will be including an update to the township’s website to clearly specify that agricultural animals/livestock, such as chickens, are permitted only in agriculturally-zoned properties where they are noted in the zoning bylaw as a permitted use, stated White.

During discussion at the council table, deputy mayor Jim Hanna said the township has a bylaw and should be enforcing that bylaw. “I’m not in favour of what is suggested in the letter.”

“But backyard chickens are allowed in other jurisdictions, such as London and Toronto,” said councillor Ed McGugan.

Mayor Don Murray said a similar request came to council about three years ago, and was turned down.

“This is regulated under the zoning bylaw,” said chief administrative officer Jodi MacArthur. “We don’t have a specific bylaw for this.”

Murray asked council if the issue warranted a staff report?

“Why not consider a specific bylaw?” asked McGugan. “Then, we'd have more control.”

“We have control now without a bylaw,” said Hanna. “If chickens are okay, what’s next – pigs, a rooster? This is not an agricultural zone; it’s a residential area.”

“It’s a few chickens,” said McGugan. “People are interested in doing this.”

“We could look at it again,” said Hanna, “but the earlier decision was not to go down this path.”

In the final vote, it was 4-3 against allowing backyard chickens in the township.