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Home My WebLink About1049 Ord (Keeping of Bees)ORDINANCE NO. 1049 AMENDING SEC. 27 -3 OF THE CITY CODE, ENTITLED "KEEPING OF BEES," The City Council of the City of Stillwater does ordain: 1. AMENDING. Sec. 27 -3 of the City Code, entitled "Keeping of bees," is amended to hereafter read as follows: "Sec. 27 -3. Keeping of Bees. Subd. 1. Definitions. The following words and terms shall have the meanings ascribed in this section unless the context of their usage indicates another usage. (1) "Apiary" means the assembly of one or more colonies of bees at a single location. (2) "Beekeeper" means a person who owns or has charge of one or more colonies of bees. "Beekeeping equipment" means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. (3) (4) "Colony" means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. "Hive" means the receptacle inhabited by a colony that is manufactured for that purpose. (6) "Honey bee" means all life stages of the common domestic honey bee, apis mellifera (African subspecies and Africanized hybrids are not allowed). (7) "Lot" means a contiguous parcel of land under common ownership. Subd. 2. Purpose of ordinance. The purpose of this ordinance is to establish certain requirements for beekeeping within the City, to avoid issues that might otherwise be associated with beekeeping in populated areas. (1) Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance, but such compliance may be offered as evidence of the beekeeper's efforts to abate any proven nuisance. (2) Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony violates applicable ordinances regarding public health, but such compliance may be offered as evidence of the beekeeper's compliance with acceptable standards of practice among hobby beekeepers in the State of Minnesota. (5) Subd. 3. Standards of Practice. (1) Honey bee colonies shall be kept in hives with removable frames, which must be kept in sound and usable conditions. (2) Each beekeeper must ensure that a convenient source of water is available within 10 feet of each colony at all times that the colonies remain active outside the hive. (3) Each beekeeper must ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other vermin -proof container. (4) Each beekeeper shall maintain his beekeeping equipment 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 swarms. Honey bee colonies may only be kept on single - family residential property zoned A -P (Agriculture Preserve), RA (Single Family Residential), RB (Two - Family Residential), TR (Traditional Residential), LR (Lakeshore Residential), CR (Cottage Residential), or CCR (Cove Cottage Residential). One exception to the single - family residential standard is that honeybee colonies may be kept on a two - family property if it is zoned RB and a resident owner of the property is the beekeeper. (6) Each beekeeper is allowed to make in person sales of honey from the beekeeper's residence as long as the following standards are met: i. The beekeeper must live on the apiary lot; and ii. All honey sold in person on the residential premise must be produced by the beekeeper's hives that are located on the subject residential premise; and iii. No products may be sold in person at the residence except honey produced from hives on the premise; and iv. No outside storage or display of products or merchandise; and v. No traffic that is greater than the residential level of the neighborhood; and vi. No separate business entrance; and vii. Only one sign, located on the apiary lot, with a dimension not exceeding two square feet; and viii. Not more than 15 percent of the total gross floor area of the residence or 300 square feet, whichever is less is devoted to making, storing and selling honey; and ix. No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; and (5) x. No nonresident employees are permitted. Subd. 4. Colony density. (1) No person is permitted to keep more than the following numbers of colonies on any lot within the City, based upon the size of the apiary lot: i. One half acre lot or smaller: 2 colonies; ii. Lot larger than half acre but smaller than 3/4 acre: 4 colonies; iii. Lot larger than 3/4 acre lot but smaller than 1 acre: 6 colonies; iv. One acre lot but smaller than five acres: 8 colonies; v. Larger than five acres: no restriction. (2) In each instance where a colony is kept less than 25 feet from a property line of the lot upon which the apiary is located, the beekeeper shall establish and maintain a flyway barrier at least six feet in height. Subd. 5. Permit required. (1) No beekeeping may occur on any property in the City unless the City issues a permit to the beekeeper on that specific property. The permit will be valid for two growing seasons. (2) A beekeeping permit will only be issued if: a) the permit application documents the satisfaction of all applicable items found in Section 27 -3 of City Code and, b) notices have been mailed to all homes within 150 feet of the applicant's property lines. i. If there are objections received within ten days of mailing the notices, then the permit application must be considered by the City Council. ii. If there are no objections received within ten days of mailing the notices, then the permit application will be processed by City staff. It will not be referred to the City Council for consideration. (3) Permits are non - transferable and do not run with the land. (4) A permit constitutes a limited license granted to the beekeeper by the City and in no way creates a vested zoning right. By signing the permit, the beekeeper acknowledges that he or she shall defend and indemnify the City against any and all claims arising out of keeping the bees on the premises. (6) The fee for the initial permit shall be as established by the City Council. For each subsequent permit there shall be no fee for the permit, unless there are substantial changes to the apiary or there is a new beekeeper. All standards of practice and colony density standards must be met in order to issue a permit. (5) (7) (8) If the standards of practice are not maintained subsequent to issuance of a beekeeping permit, the permit may be revoked by the City. Beekeeping training is required for the beekeeper prior to issuance of an initial beekeeping permit by the City. i. Either provide a certificate of completion from a honeybee keeping course from the University of Minnesota or from Century College; or ii. Request consideration for having completed a comparable course from another institution or instructor; or iii. Request consideration for substituting equivalent experience for the honeybee keeping course; or iv. Provide a letter from a current beekeeping instructor at the University of Minnesota, Century College, or other educational institution offering similar beekeeping courses that states that the permit applicant has gained through other means a substantially similar knowledge base to one that could be gained through appropriate beekeeping courses at the University of Minnesota or Century College. (10) Any beekeeper wishing to make in person sales of honey from their home according to the standards of practice section must so indicate on the annual permit. Subd. 6. Penalty for violation of section. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor." 2. SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. (9) 3. EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 18th day of September, 2012. CITY OF STILLWATE Ken Har! ayor Att G Diane F. Ward, City Clerk City of Stillwater (Official Publication) ORDINANCE NO. 1049 AMENDING SEC. 27 -3 OF THE CITY CODE, ENTITLED "KEEPING OF BEES," The City Council of the City of Stillwater does ordain: 1. AMENDING. Sec. 27 -3 of the City Code, entitled "Keeping of bees;' is amended to hereafter read as follows: "Sec. 27 -3. Keeping of Bees. Subd. 1. Definitions. The following words and terms shall have the meanings ascribed in this section unless the context of their usage indi- cates another usage. (1) "Apiary" means the assembly of one or more colonies of bees at a sin- gle location. (2) "Beekeeper" means a person who owns or has charge of one or more colonies of bees. (3) "Beekeeping equipment" means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. (4) "Colony" means an aggregate of bees consisting principally of work- ers, but having, when perfect, one queen and at times drones, brood, combs, and honey. (5) "Hive" means the receptacle inhabited by a colony that is manufac- tured for that purpose. (6) "Honey bee" means all life stages of the common domestic honey bee, apis mellifera (African subspecies and Africanized hybrids are not allowed). (7) "Lot" means a contiguous parcel of land under common ownership. Subd. 2. Purpose of ordinance. The purpose of this ordinance is to establish certain requirements for beekeeping within the City, to avoid issues that might otherwise be associated with beekeeping in populated areas. (1) Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance, but such compliance may be offered as evidence of the beekeeper's efforts to abate any proven nuisance. (2) Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony violates applicable ordinances regarding pub- lic health, but such compliance may be offered as evidence of the beekeep- er's compliance with acceptable standards of practice among hobby bee- keepers in the State of Minnesota. Subd. 3. Standards of Practice. (1) Honey bee colonies shall be kept in hives with removable frames, which must be kept in sound and usable conditions. (2) Each beekeeper must ensure that a convenient source of water is available within 10 feet of each colony at all times that the colonies remair active outside the hive. (3) Each beekeeper must ensure that no wax comb or other material tha might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled an stored in sealed containers, or placed within a building or other vermin proof container. (4) Each beekeeper shall maintain his beekeeping equipment 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 swarms. (5) Honey bee colonies may only be kept on single - family residential prop- erty zoned A -P (Agriculture Preserve), RA (Single Family Residential), RB (Two - Family Residential), TR (Traditional Residential), LR (Lakeshore Residential), CR (Cottage Residential), or CCR (Cove Cottage Residential). One exception to the single - family residential standard is that honeybee colonies may be kept on a two- family property if it is zoned RB AFFIDAVIIT OF PUB3ILIICATiON STATE OF MINNESOTA COUNTY OF WASHINGTON Julie Athey, being duly sworn on oath, says: that she is, and during all times herein states has been, Clerk of Sun Newspapers (Publisher of the newspaper known as the Stillwater Gazette, a newspaper of general circulation within the City of Stillwater and the County of Washington. That the notice hereto attached was cut from the collumns of said newspaper and was printed and published therein on the following date(s): 21s` of September 2012 Newspaper Ref. /Ad #1127809 Subscribed and sworn to before me this 21' day of September 2012 Mark Berrim NOTARY P BLIC Washington County, Minnesota My commission expires January 31, 2016 MARK E. RERRIMAP� NOTARY PUBLIC r,. MINNESOTA My Commission Expires Jan. 31, 2016 er'paz. 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