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Outlook 'Animal Keeping' bylaw prepares for final reading

A bylaw surrounding animal keeping in the town of Outlook is about to have its third and final reading, with public input being encouraged.
2020 Town Sign
File photo. Credit: Derek Ruttle/The Outlook

OUTLOOK - A newer, updated bylaw in the town of Outlook that was first introduced back in the fall is preparing to have its third and final reading next week.

There has been much discussion both in council chambers and on the streets of the community surrounding the proposed Bylaw 10(2023) Animal Keeping, which began its life as Bylaw 09 back in late September, when Outlook's town council introduced it as a means of updating the old bylaw, which was originally enacted in 1981. Due to the fact that more than four decades have passed, the Town deemed it important to update the information and bring the bylaw into the current age, as it was felt that there were some inadequacies in the original bylaw and that it was perhaps due for revision in the first place.

The road to this new animal keeping bylaw started with a request from local residents Sandra and James Hofer, who had requested that Council possibly consider allowing a sustainable flock of chickens (no more than four) in the residential zoning districts. From there, the topic picked up steam as the public learned what Council was considering at the time. At the September 27 meeting of Town Council, there was discussion before a resolution was made to pass first reading of the bylaw that would allow chickens in all residential zoning districts within the Town of Outlook, as well as tidy up some issues that had presented themselves over the years where the existing bylaw was inadequate for enforcement. However, Council did not vote to pass first reading of the bylaw, so per the Council Procedures Bylaw and The Municipalities Act, it couldn't be presented again without significant revision, and it would also require a new number.

In discussing the proposed bylaw language and information, some town councillors cited the fact that members of the public had reached out to them and said that they were opposed to allowing chickens in the R1, R2 and R3 Zoning Districts in the town of Outlook, and this served as their main reason why they voted against the proposed bylaw's first reading. Even those who voted in favour of the bylaw's first reading noted their reluctance to see the bylaw pass all readings without significant changes made.

Council members asked administration to rework the bylaw, not allowing chickens in R1, R2 and R3 Zoning Districts, but allowing them in the RA Zoning District.
In the time that has since passed, Bylaw 10(2023) has passed first and second readings, with the first held at the October 25 council meeting and the second held at the November 28 meeting. With that, Outlook's animal keeping bylaw is preparing to enter into its third and final reading, and the Town is encouraging the public to contact them with any comments, questions or concerns before its final reading at the December 20 meeting of Council.

A number of significant changes have been applied to the bylaw, notably since the original was passed in 1981. Among those changes include the following:

- A maximum of 3 adult horses per two acres of pasture land are permitted in Ag, RA (Residential Acreage) and FUD Zoning Districts (horses were allowed only on RA zoning districts in the existing bylaw)

- Cattle are permitted in the Ag or RA Zoning District West of the River (all new, as cattle were not allowed anywhere in the existing bylaw yet there are cattle in Town, West of the River)

- A maximum of 5 hens shall be allowed on any parcel located in any Ag or RA Zoning District (all new, chickens were not allowed in Town in the existing bylaw - property owners must register their number of hens with the Town at no charge)

- Bees and beekeeping shall be allowed on any parcel located in any Community Service, Ag and RA zoning district (all new, bees were not allowed in Town in the existing bylaw)

As well, there are a number of safeguards in place in the bylaw regarding limitations as nuisances, rodent control, feces, dead animals and proper keeping and harbouring of hens specifically making it easier to control the harbouring for Bylaw Enforcement Personnel.

Included among the language of the proposed Animal Keeping Bylaw is the statement that "No person(s) shall own or harbor any animal, or hybrid of any animal, of the kind listed in Schedule B for any purpose."

That list of prohibited animals being kept within the Town of Outlook is comprised of:

a) All animals being reared for the bearing of fur or food;
b) All animals whose normal habitation is outside of urban centers (such as fox, deer, wolves, coyotes)
c) All arachnids dangerous to humans (such as scorpions and tarantulas)
d) All Artiodactyls Ungulates (such as goats, sheep, pigs, llamas)
e) All bats
f) All Canids, except the domestic dog
g) Wild fowl or poultry including roosters (not withstanding Hens in accordance with this Bylaw)
h) All Crocodilians (such as alligators, crocodiles, and caimans)
i) All Edentates (such as anteaters, sloths and armadillos)
j) All elephants
k) All Felids, except the domestic cat
l) All hyenas
m) All insects being raised for the purpose of profit or gain;
n) All Livestock (not withstanding horses and cattle in accordance with this Bylaw)
o) All Marsupials (such as Kangaroos and opossums)
p) All Mustelids (such as skunks, weasels, otters, and badgers) except the domestic ferret;
q) All non-human primates (such as gorillas and monkeys)
r) All Perissodactylus Ungulates (such as horses, donkeys, mules and asses)
s) All Pigeons (unless specifically approved by Council)
t) All Pinnipeds (such as seals, fur seals and walruses)
u) All Procynoids (such as raccoons, coatis and cacomistles);
v) All Raptor, diurnal and nocturnal (such as eagles, hawks and owls)
w) All Ratite Birds (such as ostriches, rheas, and cassowaries)
x) All Anseriformes (such as ducks and geese)
y) All Galliformes (such as turkeys, grouse, quails and pheasants)
z) All snakes of the families Pythonidae and Boidae;
aa) All Ursids (bears)
bb) All venomous Reptiles and Amphibians;
cc) All Viverrids (such as mongooses, civets and genets)

The town's chief administrative officer, Kevin Trew says it was perhaps high time that the language of the animal bylaw be revisited, knowing that decades have passed.

"I had been discussing some of the drawbacks of that bylaw," he said, touching on the 42-year age of the old animal keeping bylaw. "We hadn't really said that it was a priority to do anything about it, but it was definitely on our radar to make some changes."

The town has done its homework in a number of animal areas in updating the bylaw and bringing it into the current century, including bees and beekeeping, which has grown immensely in popularity over the past number of years and is being allowed in the town's RA (Residential Acreages) area.

After the original discovery involving the Hofer family came to light and some questions started being posed surrounding the keeping of chickens, Trew says the new bylaw has been retooled to include parameters allowing the Town to keep track of the animals, as well as their safety and health standards.

"We do have regulations regarding the safekeeping of chickens and regarding the areas where it would be allowed," he said. "As well, if you wanted to have chickens on your property, you'd have to fill out a permit with the Town, showing that you have X amount of chickens on your property so that we have some awareness of that. We need to be aware that you have chickens and that you're following all the guidelines. One of the efforts of our bylaw in this case, regarding how many animals are allowed, is that we have an awareness of how many animals are there and that they follow certain regulations. One of the biggest concerns that we have and that we've heard regarding chickens is their fecal matter and looking after them properly. We've looked at the best practices across the province and implemented them into our bylaw."

The discussion happening in the public surrounding the bylaw has been noticeably heightened, and Trew says the Town is always open to hearing feedback and answering questions. Some concerns included the sanitary conditions of animals and their living quarters, as well as the predominant criticism that has shown that there are many who are unfavorable towards chickens being kept in residential areas. Trew feels that Council has done its job in helping to address this particular criticism.

"We heard a lot when we were bringing in the bylaw regarding chickens and allowing them in any residential zone," he said. "A lot of feedback. People were concerned with questions like, 'How do we regulate and ensure that people property dispose of fecal matter? How do we make sure that they don't smell? How do we make sure that they're properly cared for?' And there are also people who just felt that chickens don't have a place in an urban setting, and that's a matter of personal opinion. There are definitely lots of cases made around the world and even in the province today where they can be safely kept and actually be productive. Honestly, we haven't heard a lot of favorable conversations regarding chickens in residential areas, but we certainly don't want to pit one group of people against another. Council felt that it's reasonable that in the RA (Residential Acreage) zoning district, there's more room between homes, so the concern for neighbours versus neighbour in those districts is quite a bit less than in the R1 district or R2 or R3."

Trew feels that this topic of animal keeping has opened the door to all manner of feedback and comments from the public, showing that the people of Outlook and area are invested in what's happening in their community. He says that the door is always open to residents from both the Town and Council, and says that people can contact him directly if they want to share comments, concerns or pose questions surrounding Bylaw 10 (2023) Animal Keeping before Council intends to pass the bylaw's third reading.

"The most direct route is to reach out to me," he said. "My phone number is 867-8663, and my email is [email protected]. But they're also always welcome to reach out to any member of Council and the Mayor, and their contact info is on our website, as well. Our intention is to look at the third reading on December 20, and we encourage people to reach out with their questions and comments. But you know what, if we get some input leading up to that date, and it's become very clear that we need to have more conversation, then we'll hold off doing our third reading. You can always review and always update a bylaw, and if we have to look at it and readjust it, we can. Bylaws should reflect how the public of a municipality feels, or at least the majority, and that's our goal."

The draft bylaw is intended to be passed at the December 20 Council meeting.

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