Two days before the city was expected to give final approval for keeping backyard chickens in Vancouver, a Charles Street resident was ticketed by a bylaw enforcement officer for doing just that.

Ryan Zammit assumed six months ago that since the city was so close to approving backyard chickens, raising a small flock on the property he shares with two roommates would not be a problem. So the roommates were surprised Sunday afternoon when an animal control bylaw enforcement officer showed up and told the men their hens--Fish Sticks, Chicken McNugget and Baija Bell--were in contravention of the city's bylaw and that she was responding to a complaint from a resident. A month earlier a fourth hen, Darth Chicken, was killed by an off-leash dog. Zammit was particularly surprised because the city was expected to give its final approval of its new chicken bylaw two days later on June 8, after the Courier's press deadline.

"She started off giving us a warning but then when we started arguing with her she called the police," said Zammit. "After the police showed up she changed the warning to a citation."

The description of the offence under animal control bylaw 9150, reads "Prohibition against keeping certain domestic animals." Fine amounts differ from case to case, pending an investigation.

Zammit said the bylaw officer told them their chickens are not only aggressive, but also dangerous because they could get out onto the street and cause an accident. Zammit said the hens have a large coop as well as a 12.2 metre by six metre secured run, but when he and his roommates are in the yard, they sometimes let the chickens wander. This practice was not a problem in the past, he said, but construction next door removed a section of the fence dividing the two properties.

On Sunday, one of the chickens crossed the unprotected property line and wandered onto the next yard over, where according to Zammit, it fell asleep in the shade of a tree. "We could see it from our place," said Zammit, who added the chickens will come when called.

Vision Vancouver Coun. Andrea Reimer said the bylaw officer called police because she didn't feel safe.

"But it's hard for me to say because I wasn't there and this is one of those he said, she-said situations," said Reimer. "What both sides do agree on is that the chickens weren't contained."

Reimer said that in the absence of a bylaw allowing legal backyard chickens, the enforcement officer had no choice but to write the warning and citation.

"She could only write it for the bylaw that does exist, and they weren't complying with that bylaw," she said. "She was put in an awful position of fully understanding chickens will soon be legal, but also that these ones weren't contained."

Reimer expected the new bylaw surrounding backyard chickens to be passed yesterday. "People are already keeping backyard chickens," she said. "And whether you like chickens or not, this case demonstrates the need for a bylaw."

Last week a City of Calgary council committee voted 5 to 2 against a program that would have allowed backyard chickens for a one-year trial. According to the Calgary Herald newspaper, the committee was concerned with problems including fecal contamination and chickens having conflict with other house pets. As a result of the vote, that city will now pursue charges against residents who were keeping backyard chickens in anticipation of the trial.

Reimer said she wasn't surprised by the decision.

"Calgary is a very different city from Vancouver," she said.

sthomas@vancourier.com