HomeMy WebLinkAboutOrdinance - 2-2014 - Adding City Code Section 9.73, Relating to Honey Bees - 01/30/2014 (2) CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2-2014
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE CHAPTER 9 BY ADDING SECTION 9.73 RELATING TO HONEY BEES AND
AMENDING SECTIONS 9.08 AND 9.11 RELATING TO HONEY BEES; AND
AMENDING AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 9 is amended by adding Section 9.73 to read as follows:
SECTION 9.73. KEEPING OF HONEYBEES.
Subd. 1. Definitions. As used in this Section, the following definitions shall apply:
A. "Apiary"means the assembly of one (1) or more colonies of honey bees on a single lot.
B. "Apiary site" means the lot upon which an apiary is located.
C. "Beekeeper" means a person who: (i) owns or has charge of one (1) or more colonies of
honey bees; and/or(ii) who owns or controls a lot on which a colony is located whether or
not the person is intentionally keeping honey bees.
D. "Beekeeping equipment" means anything used in the operation of an apiary, such as hive
bodies, supers, frames, top and bottom boards and extractors.
E. "Colony"means an aggregate of honey bees consisting principally of workers, but having,
when perfect, one (1) queen and at times drones, brood, combs, and honey.
F. "Hive"means the receptacle inhabited by a colony.
G. "Honey bee"means all life stages of the common domestic honey bee, apis mellifera
species.
H. "Lot"means one unit of a recorded plat, subdivision or registered land survey, or a
recorded parcel described by metes and bounds.
I. "Nucleus colony" means a small quantity of honey bees with a queen housed in a smaller
than usual hive box designed for a particular purpose, and containing no supers.
J. "Person"means any individual, partnership, corporation, company, limited liability
company, other entity, or unincorporated association.
K. "Registrant"means any registered beekeeper and any person who has applied for approval
of a beekeeping registration.
L. "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.
M. "Swarming" means the process where a queen bee leaves a colony with a large group of
worker bees.
N. "Undeveloped property" means: (i) 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.
O. "Unusual Aggressive Behavior"means any instance in which unusual aggressive
characteristics such as stinging or attacking without provocation occurs.
Subd. 2. Registration.
A. No beekeeper shall keep honey bees in the City without a current registration from the City
of Eden Prairie Police Department.
B. Each beekeeper shall apply for registration with the Police Department and receive
approval of the registration prior to bringing any honey bees 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 apply for a registration with
the Police Department.
D. The application for registration shall be upon the form provided by the City. If a
beekeeper relocates a hive or colony to a new apiary site the beekeeper shall apply for an
updated registration, prior to the relocation, on the form provided by the City. All
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 by the registrant 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 honey bees in the City shall notify the Police Department within thirty (30)
days.
F. Upon the initial registration, annual renewal, and any updated registration, each beekeeper
shall allow the Chief of Police or designee the right to inspect any apiary and apiary site
for the purpose of ensuring compliance with this Section.
G. Upon receipt of an application for initial or updated registration the City shall send notice
to all owners of lots within two-hundred (200) feet of any lot line of the apiary site(s)
identified on the application no less than two weeks prior to a decision to approve or deny
the registration. Any person may submit written comments regarding the application to
the Police Chief. Within thirty (30) days of an application the Chief of Police or designee
shall approve or deny the registration.
Subd. 3. Required Conditions.
A. Honey bee 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. Every effort should be made to ensure that the water source is free of
chemicals that are typically found in tap water, such as chlorine and fluoride.
C. Materials from a hive or colony which might encourage the presence of honey bees, 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, including keeping the hives
painted if they have been painted but are peeling or flaking, and securing unused
equipment from weather, potential theft or vandalism, and occupancy by swarming honey
bees.
F. Hives shall be continuously managed to provide adequate living space for their resident
honey bees in order to prevent swarming.
G. In any instance in which a colony exhibits unusual aggressive behavior, it shall be the duty
of the beekeeper to promptly re-queen the colony. Whenever possible, 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 honey bees.
Subd. 4. Colony Location.
A. Excluding lots that are zoned Rural and are ten (10) acres or more in size,no hive shall
occupy any front yard. For the purposes of this Section, a corner lot shall be considered to
have two (2) front yards.
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 ten(10) feet of any dwelling unit
in any zoning district.
D. Except as otherwise provided in this Section, in each instance where any part of a hive is
kept within twenty-five (25) feet of a lot line of the apiary site, the beekeeper shall
establish and maintain along said lot line screening consisting of a flyway barrier of at least
six (6) feet in height.
1. The flyway barrier may consist of a wall, fence, dense vegetation or a combination
there of, such that honey bees will fly over rather than through the material to reach
the colony.
2. If a flyway barrier of dense vegetation is used, the initial planting may be four(4)
feet in height, so long as the vegetation reaches a height of six (6) feet or higher
within two (2) years of installation.
3. The flyway barrier must continue parallel to the lot line of the apiary site for ten
(10) feet in both directions from the hive, or contain the hive or hives in an
enclosure at least six (6) feet in height.
4. A flyway barrier is not required if the hive is located on a rooftop or if the lot
abutting the lot line of the apiary site where the flyway barrier would be required is:
(a) undeveloped property; or
(b) zoned Rural and is 10 acres or more in size.
E. All apiaries located within the R, R-1 and RM districts shall comply with Eden Prairie City
Code Section 11.65 pertaining to Home Occupation.
Subd. 5. 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. '/z acre or smaller=2 colonies
2. more than '/z acre to 3/4 acre=4 colonies
3. more than 3/4 acre to 1 acre = 6 colonies
4. more than 1 acre to 5 acres= 8 colonies
5. more than 5 acres =no restriction
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 no limit to the number of 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 honey bees 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
temporarily houses the honey bees 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.
Subd. 6. Inspection.
A. Upon prior notice to the owner of the apiary site, the Chief of Police or 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 designee in the performance of their duties in inspecting any apiary and
apiary site.
Subd. 7. Denial, Revocation or Suspension.
A. Beekeeping registrations under the provisions of this Section may be denied, revoked or
suspended by the Chief of Police or designee after notice and the right to request a hearing,
for any of the following causes:
I. Fraud, misrepresentation or false statements on any application or registration form
or during the course of the registered activity.
2. The keeping of honey bees in an unlawful manner or a manner so as to constitute a
breach of peace, or to constitute a menace 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 setting forth
the grounds for denial, revocation or suspension and the registrant's right to request a
hearing before the City Manager or designee. Such notice shall be mailed to the registrant
at the address listed on the application. A registrant may request a hearing by filing a
written request for hearing addressed to the City Manager within fifteen (15) days of the
date of the notice. A hearing shall be held within thirty (30) days of the request. The City
shall notify the registrant 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 designee shall issue a written decision and that decision shall be final. A copy
of the decision shall be mailed to the registrant. If the registrant 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. A revocation or suspension of a registration shall not be
effective until issuance of a decision by the City Manager or designee. No appeal is
allowed to the City Council under Section 2.80 of the City Code from a decision of the
City Manager under this Section.
Subd. 8. Appeal.
A. A person may object to a registration at any time within thirty (30) days of approval of an
initial or updated registration by addressing to the City Manager a written request for a
hearing before the City Manager or designee. The hearing shall be held within thirty (30)
days of the request. The City shall notify in writing the person requesting the hearing and
the person whose registration is objected to, 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 designee shall issue a written decision and that decision shall be final. A copy of the
decision shall be mailed to the person who requested the hearing and the person whose
registration was objected to. No appeal is allowed to the City Council under Section 2.80
of the City Code from a decision of the City Manager under this Section.
Section 2. City Code Chapter 9, Section 9.08, Subd. 1 A is hereby amended by deleting the
words "and honey bees" and inserting the word "and" before the words "guinea hens".
Section 3. City Code Chapter 9, Section 9.08, Subd. 5 is hereby amended by inserting at the
end of the sentence the words ", provided however this provision does not apply to honey bees
kept pursuant to City Code Section 9.73".
Section 4. City Code Chapter 9, Section 9.08, Subd. 7 A is hereby amended by deleting the
words "except honey bees".
Section 5. City Code Chapter 9, Section 9.08, Subd. 8 is hereby amended by deleting the
words ", except honey bees,".
Section 6. City Code Chapter 9, Section 9.11, Subd. 11 C 8 is hereby amended by inserting at
the end of the sentence the words ", except for honey bees kept pursuant to City Code Section
9.73".
Section 7. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 8. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
7tn day of January 2014 and finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the 21"day of January, 2014.
Kat en Porta, City Clerk N -Lu s, or
PUBLISHED in the Eden Prairie News on January 30, 2014.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 2-2014
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY
CODE CHAPTER 9 BY ADDING SECTION 9.73 RELATING TO HONEY BEES AND
AMENDING SECTIONS 9.08 AND 9.11 RELATING TO HONEY BEES;AND AMENDING
AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
The following is only a summary of Ordinance No. 2-2014. The full text is available for public
inspection by any person during regular office hours at the Office of the City Clerk.
SUMMARY: The Ordinance adds City Code Section 9.73 relating to the keeping of honey bees
within the City. The Ordinance excludes honey bees from coverage under certain portions of City
Code Sections 9.08 and 9.11. The Ordinance incorporates, by reference, City Code Chapter 1 and
City Code Section 9.99, which contain provisions relating to penalties.
EFFECTIVE DATE. This Ordinance shall take effect upon publication.
ATTEST:
4 K hleen Porta, City Clerk ra-L en a or
PUBLISHED in the Eden Prairie News on January 30, 2014.
Affidavit of Publication
Southwest Newspapers
State of Minnesota )
)SS.
County of Hennepin )
CITY OF EDEN PRAIRIE Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
HE SUMM COUNTY, IN N CE publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts
SUMMARY OF ORDINANCE
NO.2-2014 herein stated as follows:
AN ORDINANCE OF THE CITY
OF EDEN PRAIRIE, MINNESOTA, (A) This newspaper has complied with the requirements constituting qualification as a legal
AMENDING CITY CODE CHAPTER 9 newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
BY ADDING SECTION 9.73 RELATING amended.
fO HONEY BEES AND AMENDING
ACTIONS 9.08 AND 9.11 RELATING (B)The printed public notice that is attached to this Affidavit and identified as No.
TO HONEY BEES; AND AMENDING was published on the date or dates and in the newspaper stated in the attached No ' e an said
AND ADOPTINGBY REFERENCE CITY Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
CODE CHAPTER 1 AND SECTION 9.99
THINGS,
the newspaper specified.Printed below is a co of the lower case alphabet from A to Z,both
WHICH, AMONG OTHER THINGS, inclusive,ad is hereb acknowledged as being copy
kind and size of p used in the composition
CONTAIN PENALTY PROVISIONS. Y g g h'!Pe Po
The following is only a summary of and publication of the Notice:
Ordinance No.2-2014. The full text is
available for public inspection by any abcdefghijklmnopqrstuvwxyz
person during regular office hours at the
Office of the City Clerk. X144,174,
SUMMARY; The Ordinance adds *- Iaad 4�
City Code Section 9.73 relating to the
keeping of honey bees within the City. C Laurie A.Hartmann
The Ordinance excludes honey bees
from Coverage under certain portions
of City Code Sections 9.08 and 9.11.The Subscribed and sworn before me on
Ordinance incorporates,by reference,
City Code Chapter 1 and City Code
Section 9.99,which contain provisions
relating to penalties.
EFFECTIVE DATE.This Ordinance this day of Y 2014
shall take effect upon publication.
Nancy Tyra-Lukens,Mayor �`
ATTEST: Kathleen Porta,City Clerk J'd,,Y E J EAZ�E(TE WK
(Published in the Eden Prairie News on
Thursday,January 30,2014;No.3615) I i'NNES()?A
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