REQUEST FOR DIRECTION
DATE: September 13th, 2017 Report No. CSS-17-012
TO: Laurie Hurst, Chief Administrative Officer
FROM: Blair McDonald, Director of Community Safety Services
SUBJECT:
Title
Animal Management Bylaw
End
ESSENTIAL QUESTION:
Does Council wish to revisit the Animal Management Bylaw to allow the selling of eggs from urban hens?
RECOMMENDATION:
Recommendation
That the COTW receive Staff Report No. CSS-17-012 for information, provide any additional direction to staff as the COTW considers advisable, and direct staff to prepare a report for Council’s consideration.
Body
BACKGROUND:
In April of 2015 Council adopted the Animal Management Bylaw, 2015, No. 2841. A part of the Bylaw that generated a lot of discussion was allowing urban hens to be kept in Esquimalt. This discussion, and divergent opinion, resulted in staff conducting an online survey regarding urban hens and the public’s attitudes and wishes relating to possession of urban hens. Armed with the survey results and other sources of input, Council opted to allow a change in the number of urban hens from 4 to 7. An additional provision of the Bylaw was included in Section 32 (13) which states: “Urban Hens may be kept for personal use only and no sale of eggs, manure, meat or other products delivered from hens is permitted.”
In 2015, we also saw the beginning of the Esquimalt Farmers Market. Over time, vendors have been appearing at the market selling eggs. As section 32 of the Animal Management Bylaw precludes the selling of eggs from Esquimalt based urban hens, these eggs must be coming from other jurisdictions. This has resulted in people questioning this section of the Bylaw and suggesting that perhaps eggs produced by local urban hens could also be sold at the Esquimalt Farmers Market and elsewhere.
At the August 28th, 2017 Council meeting, the following notice if motion was passed:
WHEREAS: The Township has passed the Animal Management Bylaw, 2015, No. 2841, which provides in Section 32 that no more than 7 urban hens may be kept on any parcel zoned for Single Family Residential or Two Family Residential Use;
AND WHEREAS: Clause 32(13) of Bylaw 2841 states that urban hens may be kept for personal use only and no sale of eggs, manure, meat or other products delivered from hens is permitted;
THEREFORE BE IT RESOLVED: That Council directs staff to prepare a Staff Report for Council’s consideration, including options and implications for making an amendment to the Animal Management Bylaw, 2015, No. 2841, to permit local eggs to be sold.
ISSUES:
During the research conducted prior to drafting the Animal Management Bylaw, one of the most polarizing issues was urban hens, how many to allow, what restrictions needed to be in place, and what to do with the products (eggs, meat, etc.); so much so, that a survey was conducted to ascertain local attitudes and wishes towards urban hens. With the information captured in the survey, Council set forth the regulations relating to urban hens which are captured in section 32 of the Animal Management Bylaw. It should be noted that the survey did not capture attitudes towards the sale of eggs in Esquimalt.
There has been limited public feedback since this notice of motion has been passed. One person has come out strongly in favour of allowing sale of eggs in Esquimalt and two residents have come out strongly against. The person in favour mentions things such as food security as well as buy local initiatives. The people opposed are primarily concerned that allowing eggs to be sold is the thin edge of the wedge and the next request would be to increase the number of hens allowed on a parcel.
A review of the Bylaw enforcement files shows one complaint received in 2017 relating to urban hens. This related to hens not being properly penned and wandering into the neighbour’s yard.
Another consideration is the economics of egg sales. As Esquimalt allows 7 hens, and assuming that all the hens are of egg bearing age, an owner can expect to harvest approximately 5 eggs per day. This number will vary but this is the average that one can expect from 7 hens. The total number of eggs in the course of a week, assuming that the hen owner does not consume any of the eggs, is less than 3 dozen eggs. Eggs are usually sold by the dozen, so even assuming modest egg consumption by the owners of the hens, only two dozen eggs would be available for sale. It is unlikely that it would be an economically feasible for any one hen owner individually to attempt to become a vendor at the Esquimalt Farmers market or at any market where a fee is charged for vendors. However, that would not preclude sales from the property or sales through a cooperative.
In reviewing other CRD municipalities, many do not allow the sale of eggs from urban hens. Some of the municipalities with rural or agricultural areas do allow sales of eggs.
While the sale of eggs is not contemplated in the Bylaw, Island Health has clear guidelines relating to the sale of eggs at temporary food markets. Any sale of eggs would be governed by these rules, as they are currently.
ALTERNATIVES:
1. That the COTW receive Staff Report CSS-17-012 for information, provide any additional direction to staff as the COTW considers advisable, and direct staff to prepare a report for Council’s consideration.
2. That the COTW provide alternative direction to staff.
3. That the COTW request further information from staff.