REQUEST FOR DECISION
DATE: September 27th, 2017 Report No. CSS-17-013
TO: Laurie Hurst, Chief Administrative Officer
FROM: Blair McDonald, Director of Community Safety Services
SUBJECT:
Title
Animal Management Bylaw - Amendment No. 1
End
RECOMMENDATION:
Recommendation
That Council gives first, second and third readings to the Animal Management Bylaw, 2015, No. 2841, Amendment Bylaw (No.1), 2017, No. 2908.
Body
RELEVANT POLICY:
Animal Management Bylaw, 2015, No. 2841
STRATEGIC RELEVANCE:
Operational Strategy - Review Township policies and bylaws to ensure efficient processes; amend and update as necessary
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(13) 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 of 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.
At the September 18th, 2017 Committee of the Whole meeting, Council supported the concept of allowing eggs from urban hens in Esquimalt to be sold and directed staff to prepare a report for Council’s consideration amending the relevant section of the Animal Management Bylaw, 2015, No. 2841.
ISSUES:
1. Rationale for Selected Option
The selected option may enhance food security by allowing excess eggs to be sold locally.
2. Organizational Implications
There are no significant organizational implications. There are already stringent requirements relating to sale of eggs from personal hens. Those requirements can be found in the BC Centre for Disease Control’s Guidelines for the Sale of Foods at Temporary Food Markets - Appendix III. The link is provided here:
<http://www.bccdc.ca/resource-gallery/Documents/Guidelines%20and%20Forms/Guidelines%20and%20Manuals/EH/FPS/Food/Guidelines%20-%20Sale%20of%20Foods%20at%20Temporary%20Food%20Markets_current.pdf>
Township staff does not have the expertise, experience nor the equipment necessary to enforce these regulations. Any complaints relating to unsanitary egg sales and other non-compliance with the regulations are to be forwarded to Island Health for follow up.
3. Financial Implications
There are no financial implications.
4. Sustainability & Environmental Implications
Allowing excess eggs to be sold locally may enhance food security.
5. Communication & Engagement
Once approved by Council, the updated Bylaw will be posted to the Township’s website.
ALTERNATIVES:
1. That Council gives first, second and third readings to the Animal Management Bylaw, 2015, No. 2841, Amendment Bylaw (No. 1), 2017, No. 2908.
2. That Council directs any amendments it considers appropriate to Bylaw No. 2908 prior to giving it first, second and third readings as amended.
3. That Council refers Bylaw No. 2908 back to staff to further revision.