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HomeMy WebLinkAbout2015-02 Amending Chapter 8, Beekeeping ORDINANCE NO. 2015-02 AN ORDINANCE AMENDING CHAPTER 8 OF THE EDINA CITY CODE REGARDING HONEY BEEKEEPING THE CITY COUNCIL OF EDINA ORDAINS: Section 1. Chapter 8 of the Edina City Code is amended to add Article VII as follows: ARTICLE VII. HONEY BEEKEEPING 8-311. Registration. (a) No beekeeper shall keep honeybees in the City without a current registration from the City of Edina Police Department. (b) Each beekeeper shall register with the Police Department prior to bringing any honeybees into the City. (c) Beekeepers operating within the City prior to the effective date of this Section shall have four (4) weeks from the date this Section goes into effect to register with the Police Department as a beekeeper. (d) The registration shall be upon the form provided by the City and shall include the applicable fee as set forth in section 2-724, Schedule A. If a beekeeper adds or relocates a hive or colony, the beekeeper shall update the registration prior to the addition or relocation on the form provided by the City. All questions asked or information required by the forms shall be answered fully and completely by the beekeeper. (e) The City beekeeping registration shall be valid until December 31 of each calendar year and shall be renewed prior to expiration each year by submitting a renewal form to the Police Department on the form provided by the City. A person no longer keeping honeybees in the City shall notify the Police Department within thirty (30) days. (f) Upon the initial registration, annual renewal, or change of address within City, each beekeeper shall allow the Chief of Police or his/her designee the right to inspect any Apiary for the purpose of ensuring compliance with this Section. (g) Upon initial registration or change of address within the City, the City shall notify in writing all owners of lots within two-hundred (200) feet of any lot line of the Apiary Site, of the presence of said Apiary. (h) Any resident within two-hundred (200) feet of any lot line of an Apiary Site may file a written appeal of the approval of the initial registration to the City Manager, or their designee. If an appeal is filed, the beekeeper will be notified in writing by the City Manager or their designee. 8-312. Required Conditions. (a) Honeybee colonies shall be kept in hives with removable frames, which frames shall be kept in sound and usable condition. (b) Each colony on the Apiary Site shall be provided with a convenient source of water located on the Apiary Site so long as colonies remain active outside the hive. 178328v1 Ord. No. 2015-02 Page 2 (c) Materials from a hive or colony which might encourage the presence of honeybees, such as wax comb, shall be promptly disposed of in a sealed container or placed within a building or other bee-proof enclosure. (d) For each colony permitted to be maintained under this Section, there may also be maintained upon the same Apiary Site, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth 10-frame hive body, with no supers. (e) Beekeeping equipment shall be maintained in good condition. Unused beekeeping equipment must be protected to prevent occupancy by swarming honeybees. (f) Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to control swarming. (g) In any instance in which a colony exhibits Unusual Aggressive Behavior, it shall be the duty of the beekeeper to promptly implement appropriate actions to address the behavior. If requeening is required, queens shall be selected from European stock bred for gentleness and non-swarming characteristics. (h) Fruit trees and other flowering trees, which are located on an Apiary Site, shall not be sprayed, while in full bloom, with any substance which is injurious to honeybees. 8-313. Colony Location. (a) No hive shall occupy any front yard. (b) In no instance shall any part of a hive be located within ten (10) feet of any lot line. (c) In no instance shall any part of a hive be located within twenty (20) feet of any dwelling unit on adjacent property in any zoning district or located within twenty (20) feet of any public sidewalk. (d) All apiaries shall comply with Edina City Code Subpart B Land Development Regulations, Chapter 36 Zoning, Article XII, Supplementary District Regulations, Division 2 General Requirements, Section 36-1254, Customary home occupations as an accessory use. 8-314. Colony Density. (a) Every lot within the City shall be limited to the following number of colonies based on the size of the lot: (1) %2 acre or smaller = 2 colonies (2) more than '/z acre to 3/, acre = 4 colonies (3) more than 3/+ acre to I acre = 6 colonies (4) more than I acre = 8 colonies (b) Regardless of lot size, if all lots within two hundred (200) feet of any lot line of the Apiary Site are undeveloped property, there shall be a limit of 12 colonies that can be kept on the Apiary Site. However, upon the development of any lot within two hundred (200) feet of any lot line of the Apiary Site, the Apiary Site shall comply with the restriction set forth in this Subdivision 5. (c) If any person removes honeybees from locations where they are not desired, that person shall not be considered in violation of the restriction in this Subdivision 5, if the person -Ord. No. 2015-02 Page 3 temporarily houses the honeybees on the Apiary Site of a beekeeper registered under this Section for no more than 30 days and remains at all times in compliance with the other provisions of this Section. 8-31 S. Inspection. (a) Upon prior notice to the owner of the Apiary Site, the Chief of Police or his/her designee shall have the right to inspect any Apiary for the purpose of ensuring compliance with this Section. (b) It shall be deemed a violation of this Section for any person to resist, impede or hinder the Chief of Police or his/her designee in the performance of their duties in inspecting any Apiary and surrounding grounds. 8-316. Denial, Revocation or Suspension. (a) Registrations issued under the provisions of this Section may be denied, revoked or suspended by the Chief of Police after notice and the right to request a hearing, for any of the following causes: (1) Fraud, misrepresentation or false statements on the registration or during the course of the registered activity. (2) The keeping of honeybees in an unlawful manner or a manner so as to constitute a breach of peace, or to constitute a nuisance to the health, safety or general welfare of the public. (3) Any violation of this Section. (b) Notice of the denial, revocation or suspension, shall be in writing, specifically set forth the grounds for denial, revocation or suspension and the person's right to request a hearing before the City Manager or his/her designee. Such notice shall be mailed, postage prepaid, to the person to his/her last known address, or shall be delivered in the same manner as a summons. Any person who desires a hearing before the City Manager or his/her designee must request the hearing in writing, within fifteen (15) days of the date of the notice, by filing a written request for a hearing with the Chief of Police. If a hearing is requested it shall be held before the City Manager or his/her designee within thirty (30) days of the request. The City shall notify the person in writing of the time, date and location of the hearing at least five (5) days prior to the hearing. Within fifteen (15) days after the hearing the City Manager or his/her designee shall issue a written decision in the matter and that decision shall be final. If the person fails to request a hearing within fifteen (15) days of the date of the notice, the denial, suspension, or revocation shall automatically be deemed final. The right to request a hearing before the City Manager or his/her designee shall be in place of any right to appeal. (c) In considering requests for denial, suspension revocation, the City Manager shall consider the public health safety and welfare issues and base his decision on criteria included in policies adopted and adjusted from time to time. Section 2. Section 8-5 of the Edina City Code is amended to add the following definitions: Apia►Xmeans the assembly of one (1) or more colonies of honeybees on a single lot. Ord. No. 2015-02 Page 4 Apiary Site means the lot upon which an Apiary is located. Beekeeper means a person who: (i) is a resident of Edina who owns or has charge of one (11) or more apiaries of honeybees; and (ii) Any person who owns or controls a lot on which a colon is located. Beekeeping equipment means anything used in the operation of an Apiary such as hive bodies supers, frames, top and bottom boards and extractors. Colony means an aggregate of honeybees consisting principally of workers, but having when perfect, one (1) queen and at times drones, brood, combs, and honey. Hive means the receptacle inhabited by a colony. Honeybee means all life stages of the common domestic honeybee,Apis mellifera species. Lot means one unit of a recorded plat, subdivision or registered land survey, or a recorded parcel described by metes and bounds. Nucleus colony means a small quantity of honeybees with a queen housed in a smaller than usual hive box designed for a particular purpose, and containing no supers. Person means any individual, partnership, corporation, company, limited liability company, other entity, or unincorporated association. Rooftop means the uppermost section of a primary or accessory structure of at least one full story and at least twelve (12) feet in height. Areas including but not limited to decks, patios and balconies shall not be considered a rooftop. Super means that part of a honeybee hive Used to collect honey. Swarming means the natural process where a queen bee leaves a colony with a large group of worker bees. Undeveloped property means: U any lot that is not improved with a structure that has or is required to have a certificate of occupancy; and (ii) all streets and highways. Unusual Aggressive Behavior means any instance in which unusual aggressive characteristics such as stinging without provocation or attacking without provocation occurs. Section 3. Section 8-212 of the Edina City Code is amended to provide as follows: Sec. 8-212. Keeping of certain animals prohibited. No person shall keep within the city: (a) Any livestock. (b) Any mammal belonging to the order Carnivora except dogs, cats and ferrets. For the purposes of this subsection, the bloodline of an individual animal must comprise not less than 51 percent domestic breeds. —Ord. No. 2015-02 Page 5 (c) Venomous snakes. Section 4. Section 2-724 Schedule A of the Edina City Code is amended to add the following registration fee. Chapter 8 8-31 1(d) Honeybee Apiary $20 Registration fee Section S. This ordinance is effective immediately upon its passage and publication. First Reading: January 20, 2015 Second Reading: March 17, 2015 Published: April 2, 2015 t Attest (, Debra A. Mangen, City Ierk jnd, Mayor Please publish in the Edina Sun Current on April 2, 2015 Send two affidavits of publication Bill to Edina City Clerk AFFIDAVIT OF PUBLICATION City of Edina within a building or other bee-proof lice or his/her designee shall have (Official Publication) enclosure. the right to inspect any Apiary for STATE OF MINNESOTA )ss ORDINANCE NO.2015-02 (d)For each colony permitted to the purpose of ensuring compliance COUNTY OF HENNEPIN AN ORDINANCE AMENDING be maintained under this Section, with this Section. CHAPTER 8 OF THEE DIN there may also be maintained upon (b) It shall be deemed a viola- CITY CODE REGARDING the same Apiary Site, one nucleus tion of this Section for any person colony in a hive structure not to ex- to resist,impede or hinder the Chief Charlene Vold being duly sworn on an oath, HONEY BEEKEEPING states or affirms that they are the Authorized THE CITY COUNCIL OF EDINA ceed one standard,with inch depth of Police his/her designee in the 10-frame hive body,with no supers. performancc ORDAINS: e of their duties in in- Agent of the newspaper(s)known as: (e) Beekeeping equipment shall specting any Apiary and surround- Section 1. Chapter 8 of the be maintained in good condition. ing grounds. Edina City Code is amended to add Unused beekeeping equipment 8-316. Denial, Revocation or SC Edina Article VII as follows: p g p ARTICLE VII. HONEY BEE- must be protected to prevent oc- Suspension. KEEPING cupancy by swarming honeybees. (a) Registrations issued under and has full knowledge of the facts stated 8_311.Registration. (fl Hives shall be continuously the provisions of this Section may managed to provide adequate living be denied, revoked or suspended below: (a)No beekeeper shall keep hon- space for their resident honeybees by the Chief of Police after notice A e newspaper has complied with all of eyees n the City without a current )Thnews bin Ci P P P in order to control swarming. and the right to request a hearing, registration from the City of Edina the requirements constituting qualifica- reg (g) In any instance in which a for any of the following causes: Police Department. colon exhibits Unusual Aggressive 1 Fraud, misrepresentation or tion as a qualified newspaper as provided b Each beekeeper shall register y gg ( ) ( ) p Behavior,it shall be the duty of the false statements on the registration by Minn. Stat. §331A.02, §331A.07, and with the Police Department prior beekeeper to promptly implement or during the course of the regis- other applicable laws as amended. to bringing any honeybees into the PP appropriate actions to address the tared activity. (B)This Public Notice was printed and pub- city. behavior. If requeening is required, (2)The keeping of honeybees in ) Beekeepers operating within lished in said newspaper(s) for 1 suCces- the City prior to the effective date queens shall be selected from Euro- an unlawful manner or a manner so sive issues; the first insertion being on of this Section shall have four (4) Penn stock bred for gentleness and as to constitute a breach of peace, non-swarming characteristics. or to constitute a nuisance to the weeks from the date this Section 04/02/2015 and the last insertion being on (h)Fruit trees and other flowering health, safety or general welfare of 04/02/2015. goes into effect to register with the trees,which are located on an Api- the public. Police Department as a beekeeper. ary Site,shall not be sprayed,while (3)Any violation of this Section. (d)The registration shall be upon in full bloom, with any substance (b) Notice of the denial, revo- the form provided by the City and which is injurious to honeybees, cation or suspension, shall be in shall include the applicable fee as 8-313.Colony Location, writing, specifically set forth the set forth in section 2-724,Schedule (a)No hive shall occupy any front grounds for denial, revocation or A.If a beekeeper adds or relocates BY a hive or colony,the beekeeper shall yard. suspension and the person's right Authorized Agent update the registration prior to the (b)In no instance shall any part of to request a hearing before the addition or relocation on the form a hive be located within ten(10)feet City Manager his/her designee. provided by the City.All questions of any lot line. Such notice shall l be mailed, post- Subscribed and sworn to or affirmed before asked or information required by the (c)In no instance shall any part of age prepaid, to the person to his/ me on 04/02/2015. forms shall answered fully and a hive be located within twenty(20) her last known address,or shall be completely by the beekeeper. feet of any dwelling unit on adjacent delivered in the same manner as a (e)The City beekeeping registra- property in any zoning district or lo- summons.Any person who desires tion shall it valid until December cated within twenty(20)feet of any a hearing before the City Manager 1 31 of each calendar year and shall Public sidewalk. or his/her designee must request be renewed prior to expiration each All apiaries shall comply with the hearing f writing,within fifteen Notary Public year by submitting a renewal form to Edina City Code Subpart B Land (15) days of the date the no- the Police Department on the form Development Regulations, Chapter lice, by filing a written request quest for provided by the City.A person no 36 Zoning,Article XII, Supplemen- a hearing with the Chief of Police. longer keeping honeybees in the tary District Regulations, Division If a hearing is requested it shall be City shall notify the Police Depart- 2 General Requirements, Section held before the City Manager or his/ Cent within thirty(30)days. 36-1254,Customary home occupa- her designee within thirty(30)days (f) Upon the initial registration, tions as an accessory use. of the request.The City shall notify annual renewal, or change of ad- 8-314.Colony Density, the person in writing of the time, urrAplG Nw7iG AM11+t t1G1t�71/� dress within City, each beekeeper (a)Every lot within the City shall date and location of the hearing at shall allow the Chief of Police or his/ be limited to the following number least five(5)days prior to the hear- shall PiJ(;1N0- 8018 of colonies based on the size of the ing.Within fifteen(15)days after the her designee the right to inspect any lot: hearingthe Ci Manager or his/her Aid 000111018600�a Jan 31,201! Apiary for the purpose of ensuring , g compliance with this Section. (1)/z acre or smaller=2 colonies designee shall issue a written deck Upon initial registration or (2)more than 1/2 acre to N acre= sion in the matter and that decision change of address within the City, 4 colonies shall be final. If the person fails to the City shall notify writing all (3)more than 3/4 acre to 1 acre= request a hearing within fifteen(15) owners of lots within two-hundred 6 colonies days of the date of the notice, the own ownfeet of any lot line of the Apiary (4)more than 1 acre=8 colonies denial, suspension, or revocation Site,of the presence of said Apiary. (b) Regardless of lot size, if all shall automatically be deemed final. Any resident within two-hun- lots within two hundred(200)feet of The right to request a hearing before (h) died(Any feet of any lot line h n- any lot line of the Apiary Site are un- the City Manager or his/her desig- Apiary Site may file a written appeal developed property,there shall be a nee shall be in place of any right to the approval of the initial regis- limit of 12 colonies that can be kept appeal. of of the to the City Manager,or their on the Apiary Site. However, upon (c) In considering requests for designee. If an appeal is filed, the the development of any lot within denial, suspension revocation, the beekeeper will be notified in writing two hundred(200)feet of any lot line City Manager shall consider the by the City Manager or their desig- of the Apiary Site, the Apiary Site public health safety and welfare is- shall comply with the restriction set sues and base his decision on crite- nce' forth in this Subdivision 5. ria included in policies adopted and 8-312. Required Conditions. (c) If any person removes hon- adjusted from time to time. (a) Honeybee colonies shall eybees from locations where they Section 2. be kept in hives with removable are not desired, that person shall Section 8-5 of the Edina City frames,which frames shall be kept not be considered in violation of Code is amended to add the follow- in sound and usable condition. Rate Information: the restriction in this Subdivision ing definitions: (1)Lowest classified rate paid by commercial users (b) Each colony on the Apiary 5, if the person temporarily houses Apiary means the assembly of Site shall be provided with a con- the honeybees on the Apiary Site of one(1)or more colonies of honey- for comparable space: venient source of water located on a beekeeper registered under this bees on a single lot. $34.45er column inch the Apiary Site so long as colonies P Section for no more than 30 days Apiary Site means the lot upon remain active outside the hive. and remains at all times in compli- which an Apiary is located. (c)Materials from a hive or colo- ance with the other provisions of Beekeeper means a person who: ny which might encourage the pres- this Section. () is a resident of Edina who owns ence of honeybees, such as wax 8-315.Inspection. or has charge of one (1) or more comb, shall be promptly disposed (a)Upon prior notice to the owner apiaries of honeybees: and (ii)Any Ad ID 369673 of in a sealed container or placed of the Apiary Site,the Chief of Po- person who owns or controls a lot on which a colony is located. Beekeepin�uipment means anything used in the operation of an ApiaM such as hive bodies supers frames top and bottom boards and extractors. Colony means an aggregate of honeybees consisting principally of workersbut having when perfect one(1)queen and at times drones brood combs and honey. Hive means the receptacle in- habited by a colony. Honeybee means all life stages Qf the common domestic honeybee Anis mellifera species. Lot means one unit of a recorded plat subdivision or registered land survey or a recorded 2arcel de- scribed by metes and bounds Nucleus colony means a small quantity of honeybees with a queen housed in a smaller than usual hive box designed for a particular pur- pose and containing no supers. Person means any individual partnership corporation company, limited liability compgny, other en- tity or unincoroorated association Rooftop means the uppermost section of a primary or accessory structure of at least one full story and at least twelve (12) feet in height Areas including but not lim- ited to decks patios and balconies shall not be considered a rooftop_ Super means that part of a hon- eybee hive used to collect honey. Swarming means the natural pro- cess where a queen bee leaves a colony with a large group of worker bees. Undeveloped pmpedy means•m any lot that is not improved with a structure that has or is muired to have a certificate of occupancy and (i)all streets and highway, Unusual Aggressive Behavior r0r eans any instance in which un- usual aggressive characteristics such as stinging without provoca- tion or attacking without provoca- tion occurs. Section 3.Section 8-212 of the Edina City Code is amended to pro- vide as follows: Sec.8-212.Keeping of certain animals prohibited. No person shall keep within the city: (a)Any livestock. (b) Any mammal belonging to the order Carnivora except dogs, cats and ferrets. For the purposes of this subsection,the bloodline of an individual animal must comprise not less than 51 percent domestic breeds. (c)Venomous snakes. Section 4.Section 2-724 Sched- ule A of the Edina City Code is amended to add the following reg- istration fee. Chapter 8 8-311(d) Honeybee Apiary $20 Registration fee Section 5.This ordinance is ef- fective immediately upon its pas- sage and publication. First Reading:January 20,2015 Second Reading:March 17,2015 Published:April 2,2015 Attest Debra A.Manger,City Clerk James B.Hovland,Mayor 4/2/15,3SC1, Ord No 2015-02,369673