City of Powell River council has amended two bylaws that will provide for up to six chickens on city properties, and a series of fines for people in contravention of the bylaws.
At the June 4 council meeting, council passed amendments to the animal control bylaw, with councillors Jim Palm and Maggie Hathaway opposed, and the municipal ticketing information bylaw, with Palm opposed.
During discussion of the animal control bylaw amendment, Palm said he had gone to visit the properties of Harry Raimondo and Terry Munday, who had made presentations to council at its May 27 meeting, indicating their properties were affected by a neighbouring chicken coop.
“It was an eye-opener,” said Palm. “I didn’t realize it was this bad.”
Palm said Raimondo cannot enjoy his property anymore.
Palm said consideration of lot size was important, and even with some existing 9,000 or 10,000 square foot lots, a chicken coop cannot be successfully placed on those properties unless there is someone really diligent looking after it.
“The way this bylaw is coming forward is going to increase the number of problems coming forward,” said Palm.
He brought forward a motion stipulating that prior to increasing the number of poultry permitted in urban areas, that staff be directed to return to council with animal control bylaw amendment versions that establish a minimum lot size for keeping poultry; allow more poultry on larger lots and fewer on smaller lots; and provide regulatory options such as inspections for residents who may want more poultry than allowed or who reside on smaller or narrower lots.
“It’s a simple request, considering how this was rushed forward,” said Palm. Hathaway seconded the motion.
Councillor George Doubt said he understood what Palm was getting at. He said, however, if the motion passed, the status quo stays in effect, until such time as staff can review a bylaw and bring it back for council to discuss.
“If we pass the two bylaws on the agenda tonight, what we will have is an enforcement mechanism that isn’t there today,” said Doubt. “It would allow bylaw officers to enforce the bylaw. Hopefully, people would voluntarily comply, but if they don’t, there are fines of $100 per day.
“If we pass the motion on the table, we are going to continue the problem. If we defeat this motion and pass the ones on the agenda, it will change the regulations to allow the bylaw control officers to enforce them.”
Palm asked how long it would take to bring something back to council to review. Corporate officer Chris Jackson said it would probably take two weeks. Palm said after waiting for two years for the bylaw to come back to council, that two weeks would not be too long to wait.
Councillor Rob Southcott said the amendment bylaws proposed provide an expectation of conditions that very likely could satisfy most of the problems when there are complaints in the community.
“I do support the idea of more detail like councillor Palm suggests but I do not want to forfeit the changes suggested in the bylaw,” said Southcott.
Councillor Cindy Elliott said she was in favour of minimum lot sizes and is in favour of figuring out a space for chicken enclosures because she does not want people to have enclosures that are too small for the number of chickens. She is also in favour of a permitting process of some kind.
She said, however, that she did not want to prevent appropriate increases of chickens in areas wanting that for the summer. She said she did not want to allow situations to continue that could be addressed through the bylaw regarding enforcement.
Elliott said she was in favour of adopting the bylaw amendments and then seeing how they can be improved.
Hathaway said she was concerned about bylaw enforcement staff and didn’t want them to turn into the chicken patrol.
“I can see that happening,” she added.
She said there are a number of urban lots that cannot accommodate chickens and she would like to look at lot sizes and have that included in the bylaw.
Councillor CaroleAnn Leishman said she was not in favour of more oversight from the staff perspective because if the city is going to start permitting and requiring staff to go out and analyze lot sizes, it’s just way too much staff involvement for “some chickens.”
“It’s not the lot size, it’s the owners who handle and manage the chickens,” said Leishman. “Bylaw enforcement is complaint driven as it stands now. If we were to vote down this motion and pass the bylaws on the agenda, then it gives staff the ability to ticket and enforce people who are not looking after their chickens.”
Mayor Dave Formosa said under the amended bylaws, if they were passed, concerned citizens could phone the city and complain. He said if council passes the bylaws, the city now has teeth.
Council voted against Palm’s motion, with Palm and Hathaway in favour.
Council then adopted the animal control bylaw.
Regarding the municipal ticketing information bylaw, Doubt said the bylaw would hopefully allow people to bring forward complaints to bylaw officers if there is vermin in the neighbourhood, or odours emanating from chickens. Council adopted the bylaw.
Elliott then proposed a motion that council direct staff, as per Palm’s earlier request, to come back in two weeks with options for establishing a minimum lot size for keeping poultry, for more poultry on larger lots and fewer on smaller lots, and provide regulatory options, such as site inspections or permitting approval for residents who may want more poultry than allowed under the bylaw.
Leishman said she was not in favour of the motion and would vote against it because she is not in favour of more regulations. She said council had put a bylaw in place that has the requirements in place.
Council carried the motion for the staff report, with Leishman opposed.
