July 21st, 2010
OK HRM – Now You’ve Done It!
Dear HRM people, you might have gone too far with your anti-backyard-hen stance this time.
Yes, yes, Mr or Ms Bylaw Enforcement Officer, I know you’re “only following orders” and it pained you to issue the Notice To Comply… we all know about that principle.
So how many is this now? What?…, three backyard chicken Bylaw violation notice in the past 3 years? For those who might be wondering, Fred Connors of FRED salon is the victim this time. Other victims are Louise Hanavan and Trevor Smedley.
Here’s the January 2008 article that started it all.
As someone with a keen interest in the rights of property owners, and especially the right to enjoy a harmless hobby like keeping a hen in your backyard, I have been actively following this matter since Louise’s Notice to Comply over two years ago. What really bothered me was that it seems any crackpot can call to complain about almost anything you do on your property and if the Bylaw people feel especially upset about it they can issue you a legal order to stop it, or fix it, etc.
No one has to demonstrate or measure whether or not your activity is actually a real nuisance. According to the HRM anything not specifically permitted is prohibited and is subject to bylaw enforcement if they get a complain, and then decide they will push you around. Worded it that way because I’m pretty sure if you called to complain about a bird feeder they wouldn’t take any action. So in fact they exercise judgement and make decisions on the spot about whether or not to go after you.
Over the past two years there have been petitions and public meetings and a film screening and media attention and very significantly, bylaw amendments in cities all across North America to allow backyard chickens.
The HRM staff developed a report and recommendation that is supposed to go to Council at some point. The latest update is that it’s now been approved by senior staff and will first go to District 12 Planning committee (August 23rd, 6pm) before going to Peninsula Community Council on Sept. 13.
The planning committee meeting is open to public observers, and I think there is usually a time for public comments at the community council meetings.
While we wait for this report, Fred Connors is faced with a serious legal document threatening him with fines if he doesn’t get rid of his chickens. Keep in mind that prior to his renovations and setting up his little food garden paradise, his property was a dilapidated crack-house.
Fred is a wonderful citizen and has helped his neighbourhood and has contributed to Halifax in general in a significant way. Some crackpot called to complain and the HRM decided they would go after him. Mistake!
During all this I have been maintaining a Facebook group named Halifax Chickens. It has 650 members and I canvassed them all to see how many members are keeping hens in the city. No surprise, there were 8 replies.
So what we are going to do to avoid persecution is establish an underground network of foster-yards that can take hens when the HRM Bylaw enforcement people issue a Notice to Comply. We can keep the hens moving as needed through donated space in volunteer yards. I have 4 yards on the peninsula ready to accept birds. Two have sheds that can be easily converted to temporary coops and the for the others we plan to construct portable coops.
I hope none of this is necessary and that on August 23 we hear that staff has recommended changing the municipal plan or the bylaws to allow backyard hens. It will be much easier for everyone.
Stay tuned!
