Chicken Confidential: breaking the law one egg at a time

YorkRegion.com
Sept. 20, 2016
Simon Martin

Some laws are made to be broken.

That’s at least how Dave Farlow sees it. The King Township resident walks around on egg shells worried that bylaw officers will get wind of his backyard chickens. That’s why he’s using a fake name for this interview.

“I’m always worried about getting caught,” he said.

Farlow has been tending to backyard chickens since 2012 and can’t recommend it enough for others to try, even though it is against the law. Growing up on a farm, Farlow said the motivation to get backyard chickens was simple. “I wanted to be closer to my food,” he said.

After reading a few books on raising the animals, Farlow built a coop and got his neighbours on board so they wouldn’t turn him in. Bylaw works on a complaint basis, so Farlow said it’s important to have a good relationship with your neighbours if you do something like this.

He finds the town’s bylaws outdated.

“I think they are worried about the thin edge of the wedge,” he said. “That if they give an inch, people will take a mile.”

Farlow’s three chickens produce roughly 14 eggs a week. “That’s good healthy food with minimal effort,” he said.

What is of greater importance for Farlow is that the chickens in his backyard have a far better life than those at a factory farm. They can roam free in his backyard in the evening before heading into the coop for the night.

“We have great enjoyment watching them,” he said.

Farlow is one of many York Region residents flouting municipalities’ bylaws in order to raise chickens.

Albert Wong (not his real name) is another confidential chicken keeper based in Markham. He doesn’t see why the city has such an issue with backyard chickens.

“They aren’t noisy and they don’t smell if you clean up every once in a while,” he said.

Four backyard chickens provide enough eggs for Wong’s family for the year. He doesn’t see why residents are allowed to have pigeons and rabbits in Markham, but not chickens, which actually produce nutritious food.

“It doesn’t make any sense,” he said.

Some towns in the region are looking to see if backyard chickens are a viable option. Newmarket has started pilot project in two of its wards that allows for backyard chickens. Residents interested have to submit an application and pass an inspection before they are allowed to take part in the program.

Newmarket director of legislative services and town clerk Andrew Brouwer said there are also a number of regulations to adhere to: including a maximum of three hens on a property, no roosters and hens must be kept in their coops from 9 p.m. to 6 a.m.

So far Brouwer said only three houses have signed up for the pilot program. Bylaw will report back to Newmarket council on the progress of the program in November.

East Gwillimbury Mayor Virginia Hackson was part of backyard chicken debate six years ago when resident Jason Froats challenged the town’s bylaw against keeping chickens in his backyard. He eventually dropped the suit after a year-long fight.

Hackson said in that case, the chickens had an effect on the lifestyle of Froats’ neighbours. “It’s about how it impacts neighbours,” Hackson said. “We haven’t heard of any issues since.”

She thinks East Gwillimbury is in such close proximity to farms that offer fresh eggs that there is not the same need for backyard chickens as towns such as Aurora or Newmarket

Several other Ontario municipalities, including Brampton, Guelph, Kingston, Niagara Falls and Waterloo allow backyard hens.

In Guelph, residents are allowed chickens, ducks, geese and pigeons on their properties, though the animals must stay in an enclosure. The pen must also be a minimum 50 feet from adjacent homes, which means most newer, high-density properties would not be able to accommodate poultry.

The bylaw has been in place, and largely unchanged, since 1944, Guelph inspection services manager Rob Reynen said. He estimates between 50 and 100 Guelph households keep live poultry and issues are handled on a complaint basis.

Farlow rolls his eyes when asked if the chickens are noisy or smell. He made sure not to get a rooster.

“Dogs are way noisier than chickens and we don’t seem to have a problem with that,” he said. As for the smell, it’s almost impossible to notice in Farlow’s backyard.

Wong said the real problem is that local councils aren’t likely to try and use up their political capital on the issue of backyard hens because there isn’t enough demand from the public yet. “If enough people ask for it, they might consider changing the bylaw,” he said.

Until then, Wong plans to toil in anonymity and enjoy fresh eggs.

“They are so good,” he said. “Once you have them you can’t go back.”