Bylaw No. 2210-2013
|3 Audible Bird Scare Devices|
|4 Bird Predation Management Plan|
|5 Offence and penalties|
|6 Effective date and review|
WHEREAS The Local Government Act, Section 918 and Right to Farm Regulation authorize the City to make bylaws under Section 917 in relation to farm areas with the approval of the Minister of Agriculture;
AND WHEREAS Council is concerned about adverse effects from the unregulated use of Audible Bird Scare Devices on other farming operations and on human health;
AND WHEREAS Council considers that regulation is desirable to ensure the use of Audible Bird Scare Devices is respectful of others in the vicinity and preferably used as a last resort, after other methods of discouraging birds from eating farm produce have been exhausted;
NOW THEREFORE, the Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:
(b) Except as otherwise defined in this Bylaw, words and phrases in this Bylaw are to be construed in accordance with their meanings under the Local Government Act, Farm Practices Protection (Right to Farm) Act, the Interpretation Act of British Columbia and the Guide for Bylaw Development in Farming Areas, BC Ministry of Agriculture, 2013.
(c) In addition to Subsection 3 (b), a Category A Device is permitted under the following conditions:
(iii) it is located a minimum of 200 metres from all adjacent Dwelling Units. Where written permission from the resident of an adjacent Dwelling Unit is obtained, the separation distance can be reduced or waived;
(iv) if it is located within of 200 metres of a building or enclosure that normally houses horses, the owner of the Category A Device notifies the owner of the building or enclosure, in writing at least 24 hours prior to the first firing of the season; and
(d) In addition to Subsection 3 (b), a Category B Device is not permitted unless it is located a minimum of 100 metres from all adjacent Dwelling Units. Where written permission from the owner of an adjacent Dwelling Unit is obtained, the separation distance can be reduced or waived.
(e) In addition to Subsection 3 (b), shell launchers or orchard pistols must not be used within the 200 metres of all adjacent Dwelling Units. Where written permission from the owner of an adjacent Dwelling Unit is obtained, the separation distance can be reduced or waived. Shell launchers must not be pointed in the direction of adjacent Dwelling Units. Notwithstanding the above, bear bangers are not permitted for use as ABSDs.
4 A Bird Predation Management Plan must be updated annually and must include:
5 [Repealed, B/L 3063-2020.]
Every person who contravenes this bylaw commits an offence and is subject to enforcement and penalties in accordance with the Bylaw Enforcement Bylaw.
In this Bylaw, unless the context otherwise requires:
"Activation" means multiple shots from an Audible Bird Scare Device if they occur in less than a 30-second period.
"Audible Bird Scare Device" or "ABSD" means a device used to control or reduce the impact of wildlife on crops or horse feed; and may include propane-fueled cannons or exploders, electronic warblers, bird distress call recorders, motorcycles, and firearms with various cracker or whistler shells.
"Bird Control Manager" means the person responsible for:
i. implementing the Bird Predation Management Plan and the terms it establishes for the use of ABSDs;
ii. making regular visits to the Site(s) to ensure that ABSDs are functioning properly;
iii. monitoring the operation and use of ABSDs in the context of bird pressures;
iv. adjusting ABSDs usage in relation to bird pressure with a view to minimizing both ABSD use and bird habituation;
v. responding quickly and proactively to misfirings of ABSDs and making adjustments to the firing frequencies of ABSDs based on variations in bird pressures and issues of bird habituations to ABSDs; and
vi. recording bird pressure and the operation of ABSDs on a regular basis.
"Bird Predation Management Plan" means an integrated pest management program designed to use established guidelines as set out by the Ministry of Agriculture.
"Category A Device" means a stationary Audible Bird Scare Device that creates an impulse sound from impacts or explosions and can include, but is not limited to, propane-fueled exploders or cannons. Neither firearms nor shell launchers (eg. orchard pistols) are Category A Devices.
"Category B Device" means a stationary Audible Bird Scare Device which is not a Category A Device, and which generates sounds to scare or disturb birds and can include, but is not limited to, a device that broadcasts birdcalls or other sounds through loudspeakers. Neither firearms nor shell launchers (eg. orchard pistols) are Category B Devices.
"City" means the City of Abbotsford.
"Dwelling Unit" means "Dwelling Unit" as defined in the City's Zoning Bylaw.
"Local Contact Person" means an individual who lives within earshot of one or more ABSDs who is responsible for:
"Site" means a farm operation located on a lot or contiguous lots upon which one or more Audible Bird Scare Devices is used.