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HomeMy WebLinkAbout5I Chicken and Bee Ordinance Amendment Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: FEBRUARY 4, 2019 AGENDA #: 5I PREPARED BY: AMANDA SCHWABE, PLANNER PRESENTED BY: AMANDA SCHWABE, PLANNER AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 801, AN- IMALS AND FOWL, OF THE PRIOR LAKE CITY CODE RELATED TO THE KEEPING OF BACKYARD CHICKENS AND HONEY BEES IN THE AGRICUL- TURAL, RURAL SUBDIVISION AND R-1, LOW DENSITY RESIDENTIAL USE DISTRICTS. GOAL AREA AND OBJECTIVE: Desirable and Sustainable Development 2) Preserve and enhance Prior Lake’s small-town feel DISCUSSION: Introduction The purpose of this item is to consider amendments to Section 801, Animals and Fowl, of the City of Prior Lake City Code including, but not limited to definitions and language permitting the keeping of backyard chickens and honey bees in the A, Agricultural, R-S, Rural Subdivision and R-1, Low Density Residential Use Zoning District. History The Prior Lake City Code provides for the classification and regulation of uses and structures within the City. The City Code is divided into various subsections, many of which interrelate with other subsections. Over time, changes to lan- guage in the City Code is necessary for clarification purposes. Current Circumstances At the October 15, 2018 City Council meeting, Staff was directed to prepare a draft ordinance for consideration by the Planning Commission, following a public hearing, which would allow the keeping of backyard chickens, ducks and honey bees. Staff researched area communities who currently permit backyard chick- ens and/or honey bees. Upon further research it was determined that the keeping of ducks in urban communities was not common due to concerns related to noise and odor. As a result, Staff is not proposing the keeping of ducks with this amend- ment. A Public Hearing was held and closed at the November 26, 2018 Planning Com- mission meeting. Commissioners requested additional information and tabled the discussion. A work session was held on December 10, 2018 with Planning Commissioners, guest experts from the University of Minnesota and the University of Minnesota Extension Office, City Attorney and Staff. Topics related to public need, licens- ing/registration, as well as health and safety were discussed. 2 During the December 10th work session, Planning Commissioners also discussed whether it would be appropriate to require some type of licensing or registration for properties which have chickens or bees. Staff did not feel there was a con- sensus among commissioners on this topic and staff does not feel there is ade- quate staffing available to maintain and enforce a licensing/registration program. For these reasons, a licensing or registration requirement was not incorporated into the proposed ordinance amendment. The Planning Commission reconvened on January 14, 2019 and approved a mo- tion (by a vote of 4-1) to recommend the City Council approve the amendments to Section 801 of the City Code as proposed. The full amendment is attached for your review; however, highlights include: Chickens • Defined as a female fowl of any age of the Genus, Species and Subspe- cies Gallus gallus domesticus. • Allowed in A, Agricultural, R-S, Rural Subdivision and R-1, Low Density Residential Use Districts. • Max of four (4) hen chickens per lot in the R-1, Low Density Residential Use District. • No roosters permitted. • One (1) coop, run and fully enclosed exercise yard allowed per lot in the rear yard and shall be screened from view. • Chickens shall not be kept in a dwelling, unless brooding. • Chickens shall be confined in the coop, run or exercise yard. • Minimum fifty (50) foot setback from adjacent residential structure and ten (10) foot setback from any lot line. • No slaughtering allowed. Bees • Defined as all life stages of the common domestic honey bee of the apis mellifera species. Definition does not include wasps, hornets, African sub- species or Africanized hybrids. • Allowed in A, Agricultural, R-S, Rural Subdivision and R-1, Low Density Residential Use Districts. • Max of two (2) colonies in R-1, Low Density Residential Use District in the R-1, Low Density Residential Use District. • Hives shall be in the rear yard. • Minimum fifty (50) foot setback from adjacent residential structure and ten (10) foot setback from any lot line. • Minimum six (6) foot high flyway barrier required if a hive is kept within twenty-five (25) feet of a lot line. ISSUES: The City Attorney has reviewed the proposed amendments. Staff is requesting the City Council review and recommend approval of the amendments as pro- posed, or as may be further amended by the City Council, and approve the res- olution adopting the summary of ordinance to be published. 3 ALTERNATIVES: 1. Motion and a second as part of the consent agenda to approve the Ordinance amending Section 801 of the City Code and a Resolution adopting the Sum- mary of Ordinance and ordering the publication of said summary. 2. Motion and a second to remove the item from the consent agenda for addi- tional discussion. RECOMMENDED MOTIONS: Alternative No. 1. ATTACHMENTS: 1. Proposed Amendments to Section 801 2. Chicken and Bee Comments Received CITY OF PRIOR LAKE ORDINANCE NO. 119-02 AN ORDINANCE AMENDING SECTION 801, ANIMALS AND FOWL OF THE PRIOR LAKE CITY CODE RELATED TO THE KEEPING OF CHICKENS AND BEES THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: 1. City Code Section 801 (Animals and Fowl) is hereby deleted in its entirety and replaced with the following: 801.100: KEEPING ANIMALS WITHIN CITY RESTRICTED: 801.100 Definitions: For the purposes of this Section the following terms, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include their singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not directory. Acre: An undivided parcel of land with an area of forty three thousand five hundred sixty (43,560) square feet. Animal: Bees, cattle, horses, ponies, mules, sheep, goats, swine, ducks, geese, turkeys, chickens and other domesticated birds, reptiles and animals. The term "animal" does include dogs or domesticated cats (which are regulated in Section 802) or other small animals which are regarded as traditional household pets, as defined herein. Animal Unit Density: The number of animals permitted pursuant to the schedule set forth in this Section as said schedule is applied to a particular parcel of real property. Apiary: The assembly of one (1) or more colonies of bees on a single lot. Apiary Site: The lot upon which an apiary is located. Bee: All life stages of the common domestic honey bees of the apis mellifera species. This definition does not include wasps, hornets, African subspecies or Africanized hybrids. Beekeeper: A person who: (i) owns or has charge of one (1) or more colonies of bees; and/or (ii) who owns or resides on a lot on which a colony is located. Beekeeping Equipment: Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Brooding: The period of growth when supplemental heat is provided due to the chickens’ inability to generate adequate body heat due to age. Chicken: A female fowl of any age of the Genus, Species and Subspecies Gallus gallus domesticus. Colony: An aggregate of bees consisting principally of workers, but having, when perfect, one (1) queen and at times drones, brood, combs, and honey. Contiguous Acreage: Owned or rented undivided parcels of land which abut each other at some point. 4646 Dakota Street SE Prior Lake, MN 55372 Coop: An enclosed and covered accessory structure in which chickens are housed. Dangerous Animals: Any wild mammal, reptile or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. The term "dangerous animal" also means and includes any domestic mammal, reptile or fowl which because of its size or vicious propensity or other characteristic, would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. Guard dogs are specifically excluded for this definition. Exercise Yard: A large fenced in area that provides space for exercise and foraging. Flyway Barrier: A barrier that raises the flight path of bees as they come and go from a hive. Heat Lamp: An electrical device equipped with a bulb that emits mainly heat rather than light, used as a heat source. Hive: The receptacle inhabited by a colony. Homestead: A contiguous one-half (½) acre parcel immediately surrounding a residential dwelling. Lot. A piece of land established by plat, subdivision or otherwise permitted by law occupied or used or intended for occupancy or use as permitted by the Zoning Code, abutting on a public street, and of sufficient size to provide the yards required by the Zoning Code. Keeping and Maintaining: The feeding of or sheltering of animals. Nonconforming Use: Any use or arrangement of land or structure legally existing at the time of enactment of this Section or any of its amendments which does not conform to the provisions of this Section. Owner: Any person as defined in this Section owning, harboring, keeping or having custody of any animal as defined herein. Person: Any person, firm, corporation, or other legal entity. Rooster: A male fowl of any age of the Genus, Species and Subspecies Gallus gallus domesticus. Run: An enclosed and covered area attached to a coop in which chickens are allowed to roam freely. Running At Large: Permitting any animal to go on or about any streets, alleys, public parks, school grounds or other public places or any private property except the property of the owner. Any animal, as defined in this Section, is not at large when within an adequate and adequately maintained fenced-in enclosure. Slaughtering: The killing of an animal within the City. Swarming: The process where a queen bee leaves a colony with a large group of worker bees. Traditional Household Pet: Any animal that by tradition is customarily kept and/or maintained as a pet in the owner's house. Unusual Aggressive Behavior: Any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs. 801.101 Keeping Animals: (1) R-1, Low Density Residential Use District: No person shall keep or maintain any animal other than traditional household pets, chickens pursuant to subsection 801.105 or bees pursuant to subsection 801.106. a. No person shall keep or maintain more than four (4) chickens per lot. The keeping of up to four (4) chickens per lot in the R-1 district shall not constitute a kennel. b. No person shall keep more than two (2) colonies of bees per lot. (2) A, Agricultural and R-S, Rural Subdivision Residential Use District: The number of animals kept and maintained in the Agricultural and Rural Subdivision Residential Use District shall be regulated according to the following schedule and formula. Animal Animal Unit Values Bees No Restriction Horse/Mule Families 1 head = 1 unit Cattle Family 1 head = 1 unit Hog Family 1 head = 1 unit Sheep/Goat Families 1 head = .5 unit Poultry/Fowl/Bird Families (of a size larger than an ordinary pigeon) 25 head = 1 unit Poultry/Fowl/Bird Families (of a size of the ordinary pigeon or smaller) 25 head = .5 unit Small Animals (hamster-like, guinea pig-like, rabbit-like, etc.) 25 head = 1 unit The maximum allowable animal density for a specific contiguous acreage of land shall be determined by the following formula: Maximum Animal Density = Number of Contiguous Acres X 1.0. When added together the sum of the individual animal unit values on a contiguous acreage, as determined by the preceding schedule, shall not exceed the maximum animal density as determined by the preceding formula. In applying said formula, the maximum animal density shall be rounded off to the next highest whole number. Provided, however, the one-half (½) acre homestead, as defined herein, shall be subtracted from the total "contiguous acreage of land" as defined above in determining the maximum allowable animal density. Provided, further, however, in no event shall the minimum number of contiguous acres exclusive of the one- half (½) acre homestead be less than two (2) acres as determined by the preceding formula in arriving at the maximum animal density. (3) Exceptions: Contiguous acreage of nonconformity with 801.102(1) or (2) on the date of its enactment are hereby made exempt. However, the animal density (as defined in 801.102(2)) of such nonconforming contiguous acreage existing on the date of the enactment of this provision, whether in rural or urban service area, may not be increased at any time after the enactment of this provision. Provided, further, that the following provisions shall apply to all nonconforming uses, except as permitted by the Board of Adjustment and in accordance with the provisions of the Zoning Ordinance: a. A nonconforming use may be continued but may not be extended, expanded or changed unless to a conforming use, except as permitted by the Board of Adjustment in accordance with the provisions of the Zoning Code. b. A zoning certificate must be obtained within one year by the owner of any nonconforming use as evidence that the use lawfully existed prior to the adoption of the provision which made the use nonconforming. c. Any nonconforming structure damaged by fire, flood, explosion or other casualty to an extent exceeding fifty percent (50%) of the fair market value of the damaged structure as indicated by the records of the County Assessor, if replaced shall conform to the requirements of the ordinance. d. In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year, or is abandoned for any period, such nonconforming use shall not be resumed. e. Normal maintenance of a nonconforming structure is acceptable including nonstructural repairs and incidental maintenance. 801.102 Stables and Barns: No stable or barn in which animals are kept or maintained may be located within fifty feet (50') of a place of human habitation or property line. Any stable or barn in which animals are kept or maintained shall be kept clean. Manure shall be removed with sufficient frequency to avoid nuisance from odors or breeding of flies. At least once per month from October 1st to May 1st and once every two (2) weeks from May 1st to October 1st of each year, manure shall be disposed of so as not to create a nuisance from odors or breeding of flies. If manure is used as fertilizer, it shall be turned under immediately if possible, or as soon as the frost leaves the ground. 801.103 Horses: The term "horse" as used in this provision shall mean any breed of horse, pony, mule, ass or similar animal. It shall be unlawful for any person to ride or drive a horse in any pubic park, beach, golf course or other pubic property, except within the right of way of public streets and highways, and in area duly designated as allowing the riding or driving of horses. It is unlawful for any person to ride or to drive a horse after the hour of sunset and before the hour of sunrise along or crossing any public way without appropriate lighting or reflective clothing. Every person riding a horse or driving a horse drawn vehicle upon a public street shall be subject to those provisions of the City Code applicable to the driver of a motor vehicle, except those provisions which by their nature can have no application. 801.104 Chickens: Chickens shall be allowed only on lots in the A, Agricultural Use District, R-S, Rural Subdivision Residential Use District and the R-1, Low Density Residential Use District. The keeping of chickens shall be permitted with conditions identified in Subsections (1) through (4) below. (1) No roosters shall be permitted. The raising of chickens for breeding purposes is prohibited. (2) Chickens shall always be confined in a coop, run or exercise yard. Chickens shall not be kept inside of a dwelling except for brooding. (3) Chickens shall be properly protected from the weather and predators in a coop and have access to the outdoors in a run or exercise yard. The coop, run and exercise yard shall meet the following requirements: a. One (1) coop, run and exercise yard allowed per lot with a principal residence occupied by the owner of the chickens. b. Each coop, run and exercise yard shall be located in the rear yard of the lot. c. Each coop, run and exercise yard shall be set back a minimum of fifty (50) feet from any residential structure on an adjacent lot and a minimum of ten (10) feet from any lot line. Each coop, run or exercise yard must be screened from view with a solid fence or landscaped buffer with a minimum height of five (5) feet. No part of a coop, run or exercise yard shall be located within fifteen (15) feet of any lake, pond, river, creek, stream or wetland. d. A coop can be no larger than twenty five (25) square feet and cannot exceed six (6) feet in height. A coop shall be elevated a minimum of twelve (12) inches and maximum of twenty four (24) inches to ensure circulation beneath the coop. The coop shall contain a solid roof and construction shall be done in a workmanlike manner utilizing durable materials that offer adequate insulation, ventilation and protection from all natural weather elements, predators, rodents and other pests. e. No run or exercise yard can exceed forty (40) square feet and the fencing cannot exceed six (6) feet in height. A run or exercise yard may be enclosed with wood or woven wire materials, and may allow chickens to contact the ground. Each run and exercise yard must have a protective overhead netting to keep the chickens separated from other animals. f. Coops, runs and exercise yards shall be maintained in a reasonably clean and sanitary condition, including the timely removal of feces, urine, and food scraps. Chicken owners shall not allow odors associated with the chickens to emit outside the boundary of the lot. g. Each coop, run and exercise yard must comply with all applicable building and zoning codes and regulations. h. Chickens shall not be slaughtered on the lot or elsewhere within the City other than a retail establishment that employs a butcher. i. Deceased chickens shall be removed as soon as possible but no later than forty eight (48) hours after death and shall be disposed of in a manner consistent with City Code Section 605. (4) Chickens shall be kept in a humane manner that complies with Minnesota Statutes Chapter 343 and owners shall prevent nuisance conditions by ensuring the following conditions are met: a. Chicken grains and feed must be stored in rodent proof containers. b. No chicken may be kept or raised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason or noise, odor or filth. c. Chickens shall not be allowed to run at large. Any chicken running at large may be impounded by the City and, after being impounded for three (3) days or more without being reclaimed by the owner, may be destroyed or sold. A person reclaiming an impounded chicken must pay the costs of impounding and keeping the same. 801.105 Bees: Bees shall be allowed only in the A, Agricultural Use District, R-S, Rural Subdivision Residential Use District and the R-1, Low Density Residential Use District. The keeping of bees shall be permitted with conditions identified in Subsections (1) through (6) below. (1) Colony location shall be as follows: a. Each hive shall be located in the rear yard of the lot. Hives shall be set back a minimum of fifty (50) feet from any residential structure on an adjacent lot and a minimum of ten (10) feet from any lot line. b. If 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 six (6) feet in height or greater meeting the following criteria: i. The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that bees will fly over rather than through the material to reach the colony. ii. If a wall or fence flyway barrier is used, the materials must be decay resistant, and maintained in good condition. iii. 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. iv. 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. c. 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 typically found in tap water. (2) Bee colonies shall be kept in hives with removable frames, which frames shall be kept in sound and usable condition. 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 bees. (3) Hives shall be continuously managed to provide adequate living space for their resident bees to prevent swarming. (4) Materials from a hive or colony which might encourage the presence of bees, such as wax comb, shall be promptly disposed of in a sealed container or placed within a building or other bee-proof enclosure. (5) 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 re-queening the colony is required, queens shall be selected from European stock bred for gentleness and non-swarming characteristics. (6) Fruit tree 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 bees. 801.106 Permit Required for Dangerous Animals: (1) Showing Required for Permit: It is unlawful for any person to keep or maintain any dangerous animal without a special permit therefore from the City. No such permit shall be issued for a period exceeding one year and such permit shall specify the conditions under which such animal shall be kept. The Chief of Police or his designated agent shall issue a special permit for the purpose of keeping or maintaining a dangerous animal if it is found that: a. The animal is at all times kept or maintained in a safe manner and confined securely so that the keeping of such animal will not constitute a danger to human life or property of others. b. Adequate safeguards are made to prevent unauthorized access to such animals by members of the public. c. The health or well-being of the animal is not in any way endangered by the manner of keeping or confinement. d. The keeping of such animal does not constitute a nuisance and will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood. e. The keeping of such animal will not create or cause offensive odors or constitute a danger to public health. f. The quarters in which such animal is kept or confined are adequately lighted, ventilated and are so constructed that they may be kept in a clean and sanitary condition. g. The applicant for such special permit proves his ability to respond in damages up to and including the among of the one hundred thousand dollars ($100,000.00) for bodily injury to or death of any person or persons or for the damage to property owned by any other persons which may result from the ownership, keeping or maintenance of such animal. Proof of ability to respond in damages may be given by filing with the Chief of Police or his designated agent a certificate of insurance stating that the applicant is, at the time of his application, and will be during the period of such special permit, insured against liability and able to respond to such damages, or by posting with the City a surety bond, approved by the City Attorney, in the amount of one hundred thousand dollars ($100,000.00). Such certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless ten (10) days' written notice is first given to the City. (2) Investigation Permitted: The Chief of Police or his designated agent may investigate any applicant for a special permit under this provision or any enforcement of this provision, and are authorized to consult and seek the advice of the Society for the Prevention of Cruelty to Animals, the Humane Society, any representative of the Animal Control Center of the County if there be one, or any other individual, agency, organization or society which may be able to provide information and advice concerning the keeping and maintaining of dangerous animals. (3) Permit Fee: Upon compliance with all subparts of this provision, a special permit shall be issued for an annual fee adopted by the Council by ordinance, provided that such permit shall not be issued for the keeping of more than two (2) dangerous animals at any single location. (4) Exceptions: This provision shall not apply to the keeping and maintaining of dangerous animals in the following cases: a. The keeping or maintaining of such animal for exhibition to the public by a traveling circus, carnival or other exhibit or show holding a permit issued by the Commissioner of Natural Resources pursuant to Minnesota Statutes, section 97.611. b. The keeping or maintaining of such dangerous animals in a licensed veterinary hospital for treatment. c. Dangerous or poisonous reptiles may be kept or maintained by a bona fide educational or medical institution for the purpose of instruction or study, provided such reptiles are securely confined and are properly cared for in a manner satisfactory to the Chief of Police or his designated agent. 801.107 Running at Large, Impoundment: No owner or person shall permit an animal or dangerous animal to run at large or uncontrolled anywhere within the City at any time. When necessary, the Chief of Police or his designated agent shall impound an animal or dangerous animal running at large. A police officer shall be present for any initial impoundment and is authorized to harm such animal or dangerous animal only if necessary for their or the public's or the police officer's safety. (1) Impoundment fees shall be fifteen dollars ($15.00) per day minimum, but not to exceed twenty five dollars ($25.00) per day. This rate shall be reviewed periodically by the City Council and may be increased when deemed necessary. The owner of an animal or dangerous animal shall be responsible for the impoundment fee. (2) The owner of an animal or dangerous animal so impounded shall be responsible for any veterinarian bills incurred during impoundment. (3) Any animal or dangerous animal deceased during impoundment will be disposed of according to law. Disposal expenses shall be paid by the owner of the deceased animal or dangerous animal. (4) If after seven (7) days of impoundment the animal or dangerous animal has not been claimed, the animal or dangerous animal will be appraised for sale, and after proper public notification, the animal or dangerous animal will be sold at public auction. Monies received from the sale at public auction shall be retained by the City to cover impoundment costs, costs of sale and to assist in their continuing program within the City. (5) Claiming of Impounded Animals or Dangerous Animals: a. Any party claiming an impounded animal or dangerous animal must show proof of ownership satisfactory to the City or its designated agent. b. All fees due will be paid in cash before release of animal or dangerous animal. c. The claiming party must present a valid driver's license or other acceptable form of identification and must sign for the animal or dangerous animal before it will be released. 801.108 Statutes Adopted by Reference: Minnesota Statutes, sections 343.21 to 343.28 relating to the cruelty of animals are adopted by reference and incorporated herein and made a part of this Section as though fully set forth. 801.109 Variances: The Board of Adjustment as specified in the City of Prior Lake Zoning Ordinance shall have the power to vary from the requirements of this Section, and to attach such conditions to the variance as it deems necessary to assure compliance with the purpose of the ordinance. Any person requesting a variance from the terms of this subsection shall submit the following exhibits to the Board of Adjustment, unless waived by the Zoning Officer. (1) The names and addresses of all property owners within three hundred feet (300') of the property lines shall be provided so that the Zoning Officer may provide notification for the variance request. (2) Submission of such documents including site plans, improvement layouts and specifications and other documents to completely set forth the variance requested including outlines for the operation and use of the property if the variance is granted. Said documents shall include addressing health, safety and humane requirements of the animals as well as the affect of the proposal upon residents of the City. 801.111 Procedure: Procedure for obtaining a variance from the regulations of this subsection are as follows: (1) The property owner or agent shall file with the Zoning Officer an application form together with the required exhibits plus a filing fee in an amount established annually by the City Council. (2) The Zoning Officer shall transmit the application directly to the Board of Adjustment for consideration at its next regularly scheduled meeting. (3) The Board of Adjustment shall, within thirty (30) days of submittal of all required exhibits, recommend approval, denial or conditional approval. 801.112 Standards: The Board of Adjustment may vary the regulations of this Section if all of the following requirements are met: (1) The variance, including any conditions placed thereon, observes the spirit and intent of this Section to promote the public health, safety and welfare of the citizens of the City as well as insuring the humane treatment of the animals. (2) Persuasive proof that the variance is compatible with the surrounding uses and property. 801.113 Appeals: An appeal from a ruling of the Board of Adjustment may be taken by the property owner or agent within thirty (30) days after the adverse order utilizing the procedure as follows: (1) The property owner or agent shall file a notice of appeal with the Zoning Officer stating the specific grounds upon which the appeal is made. (2) The Zoning Officer shall transmit the appeal the City Council which shall be scheduled within thirty (30) days after the notice of the appeal has been filed. (3) The City Council shall schedule a hearing on the appeal and render its decision by resolution. A copy of the resolution shall be mailed to the applicant by the Zoning Officer. 801.114 Enforcement and Enforcement Penalties: (1) In enforcing the provisions of this Section, the City Manager, Assistant City Manager, City Planner, Assistant City Planner, Building Inspector and City Engineer shall have the power to issue citations for violation of this Chapter in lieu of arrest or continued detention. (2) In addition, any violation of this Section may be enjoined by the City Council through proper legal channels. (3) Any person, firm, partnership or corporation who violates this Section shall be guilty of a misdemeanor and upon conviction thereof, by punished by a fine not to exceed seven hundred dollars ($700.00) or by imprisonment for a term not to exceed ninety (90) days, or both, for each offense. Each day a violation is permitted to exist shall constitute a separate offense. 801.200: Animals on Public Lands: 801.201 Definition: For purpose of this Section, a domestic animal shall be a dog, cat or horse. 801.202 Prohibited Areas: No person shall be permitted to take any animal, domestic or otherwise, into any park where the area is clearly marked by a sign bearing the words "DOMESTIC ANIMALS NOT PERMITTED IN THIS AREA." In no case shall any person allow or bring any animal upon any bathing area or upon any skating rink or into any park building. (1) The area identified in Jeffers Pond Park Exhibit 2, dated August 24, 2010, shall be a prohibited area for domestic animals, skateboards, skates, rollerblades, bicycles and motorized vehicles (except authorized vehicles) and signage shall be prominently erected and maintained to confirm this status to users and visitors. (Ord Amd 110-04, publ 9/19/10) 801.203 Domestic Animals Under Control: Domestic animals shall be permitted on public lands, except as specified in the previous subsections, when they are under control of the owner or attendant and such custodian shall have the responsibility of cleaning up any feces of the animal and shall dispose of such in a sanitary manner. 801.204 Enforcement and Enforcement Penalties: In enforcing the provisions of this Section, the City Manager, Assistant City Manager, City Planner, Assistant City Planner, Building Inspector and City Engineer shall have the power to issue citations for violation of this Section in lieu of arrest or continued detention. In addition, any violation of this Section may be enjoined by the City Council through proper legal channels. Any person, firm, partnership or corporation who violates this Section shall be guilty of a misdemeanor and upon conviction thereof, be punished by a fine not to exceed seven hundred dollars ($700.00) or by imprisonment for a term not to exceed ninety (90) days, or both, for each offense. Each day a violation is permitted to exist shall constitute a separate offense. 2. City Code Section 104 entitled “General Penalty” is hereby adopted in its entirety, by reference, as though repeated verbatim herein. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 4th day of February 2019. ATTEST: Frank Boyles, City Manager Kirt Briggs, Mayor A summary of this Ordinance is to be published in the Prior Lake American on the 9th day of February 2019. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-___ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 119-_____ AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, In accordance with Minnesota Statute, the Planning Commission held a public hearing on November 26, 2018 regarding amendments to Section 801, Animals and Fowl of the Prior Lake City Code, related to the addition of definitions and language permitting the keeping of backyard chickens and honey bees in the A, Agricultural, R-S, Rural Subdivision and R-1, Low Density Residential Use Zoning District on November 26, 2018; and WHEREAS, The City Council has considered the advice and recommendation of the Planning Commission, city staff reports and others pertaining to the City Code amendments; and WHEREAS, On February 4, 2019, the City Council adopted Ordinance 119-____ amending Section 801 of the Prior Lake City Code; and WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes effective; and WHEREAS, WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the City Council finds that the summary is an accurate representation of the Ordinance; and The City Council desires to publish a summary of the amendments to Section 801 of the Prior Lake City Code related to adding definitions and language permitting the keeping of backyard chickens and honey bees in the A, Agricultural, R-S, Rural Subdivision and R-1, Low Density Residential Use Zoning District and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Ordinance No. 119-____ is lengthy. 3. The text of summary of Ordinance No. 119-____, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake website after February 5, 2019. 2 Passed and adopted by the Prior Lake City Council this 4th day of February 2019. VOTE Briggs Erickson Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager 3 Exhibit A SUMMARY ORDINANCE NO. 119-___ AN ORDINANCE AMENDING CITY CODE SECTION 801, ANIMALS AND FOWL, OF THE PRIOR LAKE CITY CODE RELATED TO THE KEEPING OF BACKYARD CHICKENS AND HONEY BEES IN THE AGRICULTURAL, RURAL SUBDIVISION AND R-1, LOW DENSITY RESIDENTIAL USE DISTRICTS AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The following is only a summary of Ordinance No. 119-____. The full text will available for public inspection after February 5, 2019 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance adds definitions and language permitting the keeping of backyard chickens and honey bees in the A, Agricultural, R-S, Rural Subdivision and R-1, Low Density Residential Use Zoning District and adopts Section 104 of the City Code entitled “General Penalty” in its entirety. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 4th day of February 2019. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor Summary Ordinance to be published in the Prior Lake American on the 9th day of February 2019. SECTION 801 ANIMALS AND FOWL SUBSECTIONS: 801.100: KEEPING ANIMALS WITHIN CITY RESTRICTED 801.200: ANIMALS ON PUBLIC LANDS 801.100: KEEPING ANIMALS WITHIN CITY RESTRICTED: 801.101 Definitions: For the purposes of this Section the following terms, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include their singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not directory. Acre: An undivided parcel of land with an area of forty three thousand five hundred sixty (43,560) square feet. Animal: Bees, Ccattle, horses, ponies, mules, sheep, goats, swine, ducks, geese, turkeys, chickens and other domesticated birds, reptiles and animals. The term "animal" does include dogs or domesticated cats (which are regulated in Section 802) or other small animals which are regarded as traditional household pets, as defined herein. Animal Unit Density: The number of animals permitted pursuant to the schedule set forth in this Section as said schedule is applied to a particular parcel of real property. Apiary: The assembly of one (1) or more colonies of bees on a single lot. Apiary Site: The lot upon which an apiary is located. Bee: All life stages of the common domestic honey bees of the apis mellifera species. This definition does not include wasps, hornets, African subspecies or Africanized hybrids. Beekeeper: A person who: (i) owns or has charge of one (1) or more colonies of bees; and/or (ii) who owns or resides on a lot on which a colony is located. Beekeeping Equipment: Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Brooding: The period of growth when supplemental heat is provided due to the chickens’ inability to generate adequate body heat due to age. Chicken: A female fowl of any age of the Genus, Species and Subspecies Gallus gallus domesticus. Colony: An aggregate of bees consisting principally of workers, but having, when perfect, one (1) queen and at times drones, brood, combs, and honey. Contiguous Acreage: Owned or rented undivided parcels of land which abut each other at some point. Formatted: Font: Bold, Italic Formatted: Font: Bold, Italic Formatted: Font: Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Bold, Italic Formatted: Font: Bold, Italic Formatted: Font: Bold, Italic Formatted: Font: Bold, Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Bold Formatted: Font: Italic Police Regulations City of Prior Lake 801/p2 Coop: An enclosed and covered accessory structure in which chickens are housed. Dangerous Animals: Any wild mammal, reptile or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. The term "dangerous animal" also means and includes any domestic mammal, reptile or fowl which because of its size or vicious propensity or other characteristic, would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. Guard dogs are specifically excluded for this definition. Exercise Yard: A large fenced in area that provides space for exercise and foraging. Flyway Barrier: A barrier that raises the flight path of bees as they come and go from a hive. Hive: The receptacle inhabited by a colony. Homestead: A contiguous one-half (½) acre parcel immediately surrounding a residential dwelling. Lot. A piece of land established by plat, subdivision or otherwise permitted by law occupied or used or intended for occupancy or use as permitted by the Zoning Code, abutting on a public street, and of sufficient size to provide the yards required by the Zoning Code. Keeping and Maintaining: The feeding of or sheltering of animals. Nonconforming Use: Any use or arrangement of land or structure legally existing at the time of enactment of this Section or any of its amendments which does not conform to the provisions of this Section. Owner: Any person as defined in this Section owning, harboring, keeping or having custody of any animal as defined herein. Person: Any person, firm, corporation, or other legal entity. Rooster: A male fowl of any age of the Genus, Species and Subspecies Gallus gallus domesticus. Run: An enclosed and covered area attached to a coop in which chickens are allowed to roam freely. Running At Large: Permitting any animal to go on or about any streets, alleys, public parks, school grounds or other public places or any private property except the property of the owner. Any animal, as defined in this Section, is not at large when within an adequate and adequately maintained fenced-in enclosure. Slaughtering: The killing of an animal within the City. Formatted: Font: Bold, Italic Formatted: Font: Bold, Italic Formatted: Font: Bold Formatted: Font: Bold, Italic Formatted: Font: Italic Formatted: Font: Bold, Italic Formatted: Font: Italic Formatted: Font: Bold Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Bold, Italic Police Regulations City of Prior Lake 801/p3 Swarming: The process where a queen bee leaves a colony with a large group of worker bees. Traditional Household Pet: Any animal that by tradition is customarily kept and/or maintained as a pet in the owner's house. Unusual Aggressive Behavior: Any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs. 801.102 Keeping Animals Within City Restricted: (1) R-1, Low Density Residential Use DistrictUrban Service Area: No person shall keep or maintain any animal other than traditional household pets, chickens pursuant to subsection 801.105 or bees pursuant to subsection 801.106. The urban service area is delineated on the map in City Hall, and may be redelineated from time to time by the City Council. a. No person shall keep or maintain more than four (4) chickens per lot. The keeping of up to four (4) chickens per lot in the R-1 district shall not constitute a kennel. b. No person shall keep more than two (2) colonies of bees per lot. (2) A, Agricultural and R-S, Rural Subdivision Residential Use DistrictRural Service Area: The number of animals kept and maintained in the Agricultural and Rural Subdivision Residential Use Districtrural service area shall be regulated according to the following schedule and formula. The rural service area is delineated on a map in City Hall and may be redelineated from time to time by the City Council. Animal Animal Unit Values Bees No Restriction Horse/Mule Families 1 head = 1 unit Cattle Family 1 head = 1 unit Hog Family 1 head = 1 unit Sheep/Goat Families 1 head = .5 unit Poultry/Fowl/Bird Families (of a size larger than an ordinary pigeon) 25 head = 1 unit Poultry/Fowl/Bird Families (of a size of the ordinary pigeon or smaller) 25 head = .5 unit Small Animals (hamster-like, guinea pig-like, rabbit-like, etc.) 25 head = 1 unit The maximum allowable animal density for a specific contiguous acreage of land shall be determined by the following formula: Maximum Animal Density = Number of Contiguous Acres X 1.0. When added together the sum of the individual animal unit values on a contiguous acreage, as determined by the preceding schedule, shall not exceed the maximum animal Formatted: Font: Bold, Italic Formatted: Indent: First line: 0" Formatted: Font: Bold Formatted: Font: Bold, Italic Formatted: Indent: Left: 0.6", Hanging: 0.4", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.6" + Indent at: 0.85" Formatted: Indent: Left: 0", First line: 0" Formatted: Font: Bold Police Regulations City of Prior Lake 801/p4 density as determined by the preceding formula. In applying said formula, the maximum animal density shall be rounded off to the next highest whole number. Provided, however, the one-half (½) acre homestead, as defined herein, shall be subtracted from the total "contiguous acreage of land" as defined above in determining the maximum allowable animal density. Provided, further, however, in no event shall the minimum number of contiguous acres exclusive of the one-half (½) acre homestead be less than two (2) acres as determined by the preceding formula in arriving at the maximum animal density. (3) Exceptions: Contiguous acreage of nonconformity with 801.102(1) or (2) on the date of its enactment are hereby made exempt. However, the animal density (as defined in 801.102(2)) of such nonconforming contiguous acreage existing on the date of the enactment of this provision, whether in rural or urban service area, may not be increased at any time after the enactment of this provision. Provided, further, that the following provisions shall apply to all nonconforming uses, except as permitted by the Board of Adjustment and in accordance with the provisions of the Zoning Ordinance: a. A nonconforming use may be continued but may not be extended, expanded or changed unless to a conforming use, except as permitted by the Board of Adjustment in accordance with the provisions of the Zoning Code. b. A zoning certificate must be obtained within one year by the owner of any nonconforming use as evidence that the use lawfully existed prior to the adoption of the provision which made the use nonconforming. c. Any nonconforming structure damaged by fire, flood, explosion or other casualty to an extent exceeding fifty percent (50%) of the fair market value of the damaged structure as indicated by the records of the County Assessor, if replaced shall conform to the requirements of the ordinance. d. In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year, or is abandoned for any period, such nonconforming use shall not be resumed. e. Normal maintenance of a nonconforming structure is acceptable including nonstructural repairs and incidental maintenance. 801.103 Stables and Barns: No stable or barn in which animals are kept or maintained may be located within fifty feet (50') of a place of human habitation or property line. Any stable or barn in which animals are kept or maintained shall be kept clean. Manure shall be removed with sufficient frequency to avoid nuisance from odors or breeding of flies. At least once per month from October 1st to May 1st and once every two (2) weeks from May 1st to October 1st of each year, manure shall be disposed of so as not to create a nuisance from odors or breeding of flies. If manure is used as fertilizer, it shall be turned under immediately if possible, or as soon as the frost leaves the ground. Police Regulations City of Prior Lake 801/p5 801.104 Horses: The term "horse" as used in this provision shall mean any breed of horse, pony, mule, ass or similar animal. It shall be unlawful for any person to ride or drive a horse in any pubic park, beach, golf course or other pubic property, except within the right of way of public streets and highways, and in area duly designated as allowing the riding or driving of horses. It is unlawful for any person to ride or to drive a horse after the hour of sunset and before the hour of sunrise along or crossing any public way without appropriate lighting or reflective clothing. Every person riding a horse or driving a horsedrawn vehicle upon a public street shall be subject to those provisions of the City Code applicable to the driver of a motor vehicle, except those provisions which by their nature can have no application. 801.105 Chickens: Chickens shall be allowed only on lots in the A, Agricultural Use District, R-S, Rural Subdivision Residential Use District and the R-1, Low Density Residential Use District. The keeping of chickens shall be permitted with conditions identified in Subsections (1) through (4) below. (1) No roosters shall be permitted. The raising of chickens for breeding purposes is prohibited. (1) (2) Chickens shall always be confined in a coop, run or exercise yard. Chickens shall not be kept inside of a dwelling except for brooding. (3) Chickens shall be properly protected from the weather and predators in a coop and have access to the outdoors in a run or exercise yard. The coop, run and exercise yard shall meet the following requirements: a. One (1) coop, run and exercise yard allowed per lot with a principal residence occupied by the owner of the chickens. b. Each coop, run and exercise yard shall be located in the rear yard of the lot. c. Each coop, run and exercise yard shall be set back a minimum of fifty (50) feet from any residential structure on an adjacent lot and a minimum of ten (10) feet from any lot line. Each coop, run or exercise yard must be screened from view with a solid fence or landscaped buffer with a minimum height of five (5) feet. No part of a coop, run or exercise yard shall be located within fifteen (15) feet of any lake, pond, river, creek, stream or wetland. d. A coop can be no larger than twenty five (25) square feet and cannot exceed six (6) feet in height. A coop shall be elevated a minimum of twelve (12) inches and maximum of twenty four (24) inches to ensure circulation beneath the coop. The coop shall contain a solid roof and construction shall be done in a workmanlike manner utilizing durable materials that offer adequate insulation, ventilation and protection from all natural weather elements, predators, rodents and other pests. e. No run or exercise yard can exceed forty (40) square feet and cannot exceed six (6) feet in height. A run or exercise yard may be enclosed with wood or woven wire materials, and may allow chickens to contact the ground. Each run and exercise yard must have a protective overhead netting to keep the chickens separated from Formatted: Font: Bold Formatted: Indent: Left: 1", No bullets or numbering Formatted: Indent: Left: 1", No bullets or numbering Formatted: No bullets or numbering Formatted: List Paragraph, Left, No bullets or numbering, Hyphenate, Tab stops: Not at 0.6" + 1" + 1.5" + 1.75" + 2.2" + 3" + 3.5" Formatted: Indent: Left: 1.31", No bullets or numbering Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: No bullets or numbering Formatted: Not Highlight Formatted: List Paragraph, Left, No bullets or numbering, Hyphenate, Tab stops: Not at 0.6" + 1" + 1.31" + 2.2" + 3" + 3.5" Formatted: List Paragraph, Left, No bullets or numbering, Hyphenate, Tab stops: Not at 0.6" + 1" + 1.31" + 2.2" + 3" + 3.5" Formatted: Not Highlight Police Regulations City of Prior Lake 801/p6 other animals. f. Coops, runs and exercise yards shall be maintained in a reasonably clean and sanitary condition, including the timely removal of feces, urine, and food scraps. Chicken owners shall not allow odors associated with the chickens to emit outside the boundary of the lot. g. Each coop, run and exercise yard must comply with all applicable building and zoning codes and regulations. h. Chickens shall not be slaughtered on the lot or elsewhere within the City other than a commercial establishment that employs a butcher. i. Deceased chickens shall be removed as soon as possible but no later than forty eight (48) hours after death and shall be disposed of in a manner consistent with City Code Section 605. (4) Chickens shall be kept in a humane manner that complies with Minnesota Statutes Chapter 343 and owners shall prevent nuisance conditions by ensuring the following conditions are met: a. Chicken grains and feed must be stored in rodent proof containers. b. No chicken may be kept or raised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason or noise, odor or filth. c. Chickens shall not be allowed to run at large. Any chicken running at large may be impounded by the City and, after being impounded for three (3) days or more without being reclaimed by the owner, may be destroyed or sold. A person reclaiming an impounded chicken must pay the costs of impounding and keeping the same. 801.106 Bees: Bees shall be allowed only in the A, Agricultural Use District, R-S, Rural Subdivision Residential Use District and the R-1, Low Density Residential Use District. The keeping of bees shall be permitted with conditions identified in Subsections (1) through (6) below. (1) Colony location shall be as follows: a. Each hive shall be located in the rear yard of the lot. Hives shall be set back a minimum of fifty (50) feet from any residential structure on an adjacent lot and a minimum of ten (10) feet from any lot line. b. If 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 six (6) feet in height or greater meeting the following criteria: i. The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that bees will fly over rather than through the material to reach the colony. Formatted: List Paragraph, Left, No bullets or numbering, Hyphenate, Tab stops: Not at 0.6" + 1" + 1.31" + 2.2" + 3" + 3.5" Formatted: Indent: Left: 1.31", No bullets or numbering Formatted: List Paragraph, Left, No bullets or numbering, Hyphenate, Tab stops: Not at 0.6" + 1" + 1.31" + 2.2" + 3" + 3.5" Formatted: List Paragraph, Left, No bullets or numbering, Hyphenate, Tab stops: Not at 0.6" + 1" + 1.31" + 2.2" + 3" + 3.5" Formatted: No bullets or numbering, Tab stops: 1.31", Left + Not at 1.5" + 1.75" Formatted: Indent: Left: 1", No bullets or numbering Formatted: Indent: Left: 1.31", No bullets or numbering Formatted: Indent: Left: 1.31", No bullets or numbering Formatted: Indent: Left: 1", Hanging: 0.31", Tab stops: 1.31", Left + Not at 1.75" Formatted: Font: Bold Formatted: Indent: Left: 1", No bullets or numbering Formatted: Indent: Left: 1", No bullets or numbering Formatted: Indent: Left: 1.19", No bullets or numbering Formatted: List Paragraph, Left, No bullets or numbering, Hyphenate, Tab stops: Not at 0.6" + 1.19" + 1.5" + 1.75" + 2.2" + 3" + 3.5" Formatted: Indent: Left: 1.5", No bullets or numbering Police Regulations City of Prior Lake 801/p7 ii. If a wall or fence flyway barrier is used, the materials must be decay resistant, and maintained in good condition. iii. 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. iv. 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. c. 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 typically found in tap water. (2) Bee colonies shall be kept in hives with removable frames, which frames shall be kept in sound and usable condition. 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 bees. (3) Hives shall be continuously managed to provide adequate living space for their resident bees to prevent swarming. (4) Materials from a hive or colony which might encourage the presence of bees, such as wax comb, shall be promptly disposed of in a sealed container or placed within a building or other bee-proof enclosure. (5) 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 re-queening the colony is required, queens shall be selected from European stock bred for gentleness and non-swarming characteristics. (6) Fruit tree 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 bees. 801.107 Permit Required for Dangerous Animals: (1) Showing Required for Permit: It is unlawful for any person to keep or maintain any dangerous animal without a special permit therefore from the City. No such permit shall be issued for a period exceeding one year and such permit shall specify the conditions under which such animal shall be kept. The Chief of Police or his designated agent shall issue a special permit for the purpose of keeping or maintaining a dangerous animal if it is found that: a. The animal is at all times kept or maintained in a safe manner and confined securely so that the keeping of such animal will not constitute a danger to human life or property of others. Formatted: List Paragraph, Left, No bullets or numbering, Hyphenate, Tab stops: Not at 0.6" + 1.19" + 1.5" + 1.75" + 2.2" + 3" + 3.5" Formatted: List Paragraph, Left, No bullets or numbering, Hyphenate, Tab stops: Not at 0.6" + 1.19" + 1.5" + 1.75" + 2.2" + 3" + 3.5" Formatted: List Paragraph, Left, No bullets or numbering, Hyphenate, Tab stops: Not at 0.6" + 1.19" + 1.5" + 1.75" + 2.2" + 3" + 3.5" Formatted: Indent: Left: 1.19", No bullets or numbering Formatted: Indent: Left: 1", No bullets or numbering Formatted: List Paragraph, Left, No bullets or numbering, Hyphenate, Tab stops: Not at 0.6" + 1" + 1.5" + 1.75" + 2.2" + 3" + 3.5" Formatted: List Paragraph, Left, No bullets or numbering, Hyphenate, Tab stops: Not at 0.6" + 1" + 1.5" + 1.75" + 2.2" + 3" + 3.5" Formatted: List Paragraph, Left, No bullets or numbering, Hyphenate, Tab stops: Not at 0.6" + 1" + 1.5" + 1.75" + 2.2" + 3" + 3.5" Police Regulations City of Prior Lake 801/p8 b. Adequate safeguards are made to prevent unauthorized access to such animals by members of the public. c. The health or well-being of the animal is not in any way endangered by the manner of keeping or confinement. d. The keeping of such animal does not constitute a nuisance and will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood. e. The keeping of such animal will not create or cause offensive odors or constitute a danger to public health. f. The quarters in which such animal is kept or confined are adequately lighted, ventilated and are so constructed that they may be kept in a clean and sanitary condition. g. The applicant for such special permit proves his ability to respond in damages up to and including the among of the one hundred thousand dollars ($100,000.00) for bodily injury to or death of any person or persons or for the damage to property owned by any other persons which may result from the ownership, keeping or maintenance of such animal. Proof of ability to respond in damages may be given by filing with the Chief of Police or his designated agent a certificate of insurance stating that the applicant is, at the time of his application, and will be during the period of such special permit, insured against liability and able to respond to such damages, or by posting with the City a surety bond, approved by the City Attorney, in the amount of one hundred thousand dollars ($100,000.00). Such certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless ten (10) days' written notice is first given to the City. (2) Investigation Permitted: The Chief of Police or his designated agent may investigate any applicant for a special permit under this provision or any enforcement of this provision, and are authorized to consult and seek the advice of the Society for the Prevention of Cruelty to Animals, the Humane Society, any representative of the Animal Control Center of the County if there be one, or any other individual, agency, organization or society which may be able to provide information and advice concerning the keeping and maintaining of dangerous animals. (3) Permit Fee: Upon compliance with all subparts of this provision, a special permit shall be issued for an annual fee adopted by the Council by ordinance, provided that such permit shall not be issued for the keeping of more than two (2) dangerous animals at any single location. (4) Exceptions: This provision shall not apply to the keeping and maintaining of dangerous animals in the following cases: a. The keeping or maintaining of such animal for exhibition to the public by a traveling circus, carnival or other exhibit or show holding a permit issued by the Commissioner of Natural Resources pursuant to Minnesota Statutes, section 97.611. b. The keeping or maintaining of such dangerous animals in a licensed veterinary Police Regulations City of Prior Lake 801/p9 hospital for treatment. c. Dangerous or poisonous reptiles may be kept or maintained by a bona fide educational or medical institution for the purpose of instruction or study, provided such reptiles are securely confined and are properly cared for in a manner satisfactory to the Chief of Police or his designated agent. 801.108 Running at Large, Impoundment: No owner or person shall permit an animal or dangerous animal to run at large or uncontrolled anywhere within the City at any time. When necessary, the Chief of Police or his designated agent shall impound an animal or dangerous animal running at large. A police officer shall be present for any initial impoundment and is authorized to harm such animal or dangerous animal only if necessary for their or the public's or the police officer's safety. (1) Impoundment fees shall be fifteen dollars ($15.00) per day minimum, but not to exceed twenty five dollars ($25.00) per day. This rate shall be reviewed periodically by the City Council and may be increased when deemed necessary. The owner of an animal or dangerous animal shall be responsible for the impoundment fee. (2) The owner of an animal or dangerous animal so impounded shall be responsible for any veterinarian bills incurred during impoundment. (3) Any animal or dangerous animal deceased during impoundment will be disposed of according to law. Disposal expenses shall be paid by the owner of the deceased animal or dangerous animal. (4) If after seven (7) days of impoundment the animal or dangerous animal has not been claimed, the animal or dangerous animal will be appraised for sale, and after proper public notification, the animal or dangerous animal will be sold at public auction. Monies received from the sale at public auction shall be retained by the City to cover impoundment costs, costs of sale and to assist in their continuing program within the City. (5) Claiming of Impounded Animals or Dangerous Animals: a. Any party claiming an impounded animal or dangerous animal must show proof of ownership satisfactory to the City or its designated agent. b. All fees due will be paid in cash before release of animal or dangerous animal. c. The claiming party must present a valid driver's license or other acceptable form of identification and must sign for the animal or dangerous animal before it will be released. 801.109 Statutes Adopted by Reference: Minnesota Statutes, sections 343.21 to 343.28 relating to the cruelty of animals are adopted by reference and incorporated herein and made a part of this Section as though fully set forth. 801.110 Variances: The Board of Adjustment as specified in the City of Prior Lake Zoning Ordinance shall have the power to vary from the requirements of this Section, and to attach such conditions to the variance as it deems necessary to assure compliance with the purpose of the ordinance. Any person requesting a variance from the terms of this Police Regulations City of Prior Lake 801/p10 subsection shall submit the following exhibits to the Board of Adjustment, unless waived by the Zoning Officer. (1) The names and addresses of all property owners within three hundred feet (300') of the property lines shall be provided so that the Zoning Officer may provide notification for the variance request. (2) Submission of such documents including site plans, improvement layouts and specifications and other documents to completely set forth the variance requested including outlines for the operation and use of the property if the variance is granted. Said documents shall include addressing health, safety and humane requirements of the animals as well as the affect of the proposal upon residents of the City. 801.111 Procedure: Procedure for obtaining a variance from the regulations of this subsection are as follows: (1) The property owner or agent shall file with the Zoning Officer an application form together with the required exhibits plus a filing fee in an amount established annually by the City Council. (2) The Zoning Officer shall transmit the application directly to the Board of Adjustment for consideration at its next regularly scheduled meeting. (3) The Board of Adjustment shall, within thirty (30) days of submittal of all required exhibits, recommend approval, denial or conditional approval. 801.112 Standards: The Board of Adjustment may vary the regulations of this Section if all of the following requirements are met: (1) The variance, including any conditions placed thereon, observes the spirit and intent of this Section to promote the public health, safety and welfare of the citizens of the City as well as insuring the humane treatment of the animals. (2) Persuasive proof that the variance is compatible with the surrounding uses and property. 801.113 Appeals: An appeal from a ruling of the Board of Adjustment may be taken by the property owner or agent within thirty (30) days after the adverse order utilizing the procedure as follows: (1) The property owner or agent shall file a notice of appeal with the Zoning Officer stating the specific grounds upon which the appeal is made. (2) The Zoning Officer shall transmit the appeal the City Counsel which shall be scheduled within thirty (30) days after the notice of the appeal has been filed. (3) The City Council shall schedule a hearing on the appeal and render its decision by resolution. A copy of the resolution shall be mailed to the applicant by the Zoning Officer. 801.114 Enforcement and Enforcement Penalties: Police Regulations City of Prior Lake 801/p11 (1) In enforcing the provisions of this Section, the City Manager, Assistant City Manager, City Planner, Assistant City Planner, Building Inspector and City Engineer shall have the power to issue citations for violation of this Chapter in lieu of arrest or continued detention. (2) In addition, any violation of this Section may be enjoined by the City Council through proper legal channels. (3) Any person, firm, partnership or corporation who violates this Section shall be guilty of a misdemeanor and upon conviction thereof, by punished by a fine not to exceed seven hundred dollars ($700.00) or by imprisonment for a term not to exceed ninety (90) days, or both, for each offense. Each day a violation is permitted to exist shall constitute a separate offense. 801.200: ANIMALS ON PUBLIC LANDS: 801.201 Definition: For purpose of this Section, a domestic animal shall be a dog, cat or horse. 801.202 Prohibited Areas: No person shall be permitted to take any animal, domestic or otherwise, into any park where the area is clearly marked by a sign bearing the words "DOMESTIC ANIMALS NOT PERMITTED IN THIS AREA." In no case shall any person allow or bring any animal upon any bathing area or upon any skating rink or into any park building. (1) The area identified in Jeffers Pond Park Exhibit 2, dated August 24, 2010, shall be a prohibited area for domestic animals, skateboards, skates, rollerblades, bicycles and motorized vehicles (except authorized vehicles) and signage shall be prominently erected and maintained to confirm this status to users and visitors. (Ord Amd 110-04, publ 9/19/10) Police Regulations City of Prior Lake 801/p12 801.203 Domestic Animals Under Control: Domestic animals shall be permitted on public lands, except as specified in the previous subsections, when they are under control of the owner or attendant and such custodian shall have the responsibility of cleaning up any feces of the animal and shall dispose of such in a sanitary manner. 801.204 Enforcement and Enforcement Penalties: In enforcing the provisions of this Section, the City Manager, Assistant City Manager, City Planner, Assistant City Planner, Building Inspector and City Engineer shall have the power to issue citations for violation of this Section in lieu of arrest or continued detention. In addition, any violation of this Section may be enjoined by the City Council through proper legal channels. Any person, firm, partnership or corporation who violates this Section shall be guilty of a misdemeanor and upon conviction thereof, be punished by a fine not to exceed seven hundred dollars ($700.00) or by imprisonment for a term not to exceed ninety (90) days, or both, for each offense. Each day a violation is permitted to exist shall constitute a separate offense. 1 Chicken and Bee Comments Received between 11/27/18 – 1/11/19 @ Noon: 11/29 – resident called CM and would like to remain anonymous. Did not support approval of chicken and bee ordinance. Primarily opposed to chickens. Found a dead chicken in her yard; neighbor was accusatory that a neighborhood dog killed the chicken. Doesn’t think it is necessary and didn’t see a public need. 11/29 – email sent to CM below: Hello Mr. McCabe, I just wanted to write in for comments about this amendment since I was unfortunately unable to attend the Public Hearing on Monday. I live at 5134 Wellington CT SE. There were a couple of points that I wanted to bring up after watching the Planning Commission video. I am certainly no scientist or expert so my comments are purely opinion and hopefully my words are taken as such. 1) I heard a lot of talk regarding public need. Let me be clear in that I want this to pass as I would very much like to raise chickens. My uncle raises chickens and in all honesty I think they taste better and are more fresh than what I can get in a supermarket. That said, I still have no idea if this meets a public need. Do we need police, fire, rescue, plowed roads, parks, etc. I think most would argue yes. I personally think it’s a little disingenuous to even incorporate public need into the conversation as a means to either pass or reject said Amendment 5B. Again just my personal viewpoint, obviously others are going to disagree. 2) I would have expected Prior Lake to be at the forefront of this conversation rather than the last of the neighboring communities to hopefully pass something in regards to raising chickens or bees. We still have pretty close ties to local farms in the area and I would have thought maybe we could work with those local people on this in some fashion, whether it be education or other related topics. 3) I have done some research (online of course which may be a flawed research method) to try and come up with persuasive arguments about all the benefits and to try and limit the cons. And in all honesty there really isn’t any strong items. We can talk about knowing where our food comes from, teaching young people how to care for and be respectful about the living conditions but in all realty it mostly comes down to its just a hobby that I would like to participate in. Its something that is interesting and I believe wouldn’t cause any undue burden to my neighbors. Maybe even benefit my neighbors be sharing these items. Maybe it can lead to better relationships and getting to know those that live around me through gifts of eggs or honey. Is it necessary for the community? Probably not, but I would still like it to happen. 4) I would personally not like to sit through licensing and education. I think its actually a pretty easy process and I think it would create more unneeded work and paperwork for the residents and the city as outlined by the woman presenting the info (I’m sorry I forgot her name) and one or two communities she spoke with. I think people submitted complaints about compliance and then the city responding is policing enough. 5) It is nice to at least see that the city council and planning commission are willing to talk about the topic and hopefully move towards passing what could become a fun community event. Thank you for your time and passing along my comments. Jon Geis Rahr Corporation, Controller 952-224-1387 2 12/5 – email sent to AS below: To whom it may concern, Thank you for taking the time to read my email with concerns. I am not able to attend the council meetings in person and I have 3 young children and an LEO husband, so my free time is limited. However, I read the article on this in the PL paper and I just have a few ideas Id like to raise to the table. Into: I am farmers daughter and have 37 years of farming experience. My family is involved in dairy, beef, chicken, and pork. I 100% support the idea for the PL Community and want to Thank you for considering this topic. Bees: With the decline of pollinators our farms and gardens are suffering as well as the bigger picture of the impact bees have in the ecosystem. With every successful farm/garden first come education. I highly encourage a prerequisite to have bees that they must attend classes. Bees have a really sensitive environment that the owners need to be able to reduplicate. Its a lot more to bee keeping than just pretty flowers in a garden. Here are two links to 2 groups here in MN. A bonus is often times these classes are free! https://www.beelab.umn.edu/bee-squad/education/beekeeping-classes https://www.mnbeekeepers.com/ Chickens: Allowance to slaughter of chickens. As all "farming" animals, bees includes, we harvest honey, eggs and meat for consumption. Without the allowance to slaughter PL will be consumed by chickens. There has to be a balance. This is no different than hunting deer. Below is a statement from Nebraska government on hunting. It is critical to maintain a balance in order to be successful. Hunting manages wildlife populations. Hunting is a vital wildlife management tool. It keeps nature at a healthy balance of which the available habitat can support (carrying capacity). For many wildlife species, hunting also helps to maintain populations at levels compatible with human activity and land use. source - http://magazine.outdoornebraska.gov/2017/08/109097/ Allergy exposure: I have seen some comments about people being allergic to chickens and bees. Yes that may be accurate, however, it has been medically proven that with ample exposure, allergies to chickens and bees are greatly reduced and/or even eliminated. This study has been proven many times over year to year when babies are raised not to eat honey, peanuts, fish, and eggs. Here is just one of the many articles I could quickly find that discusses this. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4046529/ 3 Lastly lets add ducks! Every year our PL kindergarten classes allow ducks to be bought, hatched and raised, and then taken home to families that volunteer. This is for our kids to learn the critical process of life at the beginning. A phenomenal lesson! However, as much as I loved this lesson, I was heart broken last year to learn that I could be FINED for having ducks in my back yard. My children were still learning how to raise, feed, water, clean, and take care of their school ducks in a safe environment after the classroom was done with them. Not everyone has access to a farm and should not be afraid to continue educating their kiddos on raising animals. Because of this scenario, I would like to include "ducks" under chickens. If we are going to have ducks as part of the curriculum in our schools then we as a city should support the care of them within city limits. Again, Thank you for your time on reading my ideas. I hope they are brought to the table of discussion. Please feel free to reply or call me with any comments, questions, or concerns. Regards, Jessica Schwarzhoff 5902 Cardinal Ridge Tr Se 651.307.5171 12/7 – email sent to CM below: I would love to be able to raise chickens within the city limits! DO IT😊😊 Steve Juve, President and CEO Cell (612) 325-7454 4 01/05/2019 – email to CM & AS from Kathy LaFond. Email also sent to commissioners DR and WK but sent to wrong email address. I am opposed to chicken coops and beehives in the city. This is a city, not a farm community. If people want farm animals, they should move to the country. If you allowed this, what would be next - guinea pigs and goats. One resident stated we are one of the only cities in the state that doesn't allow chickens. This isn't true. According to the web site, omelet, only 17 cities in the state allow them. A U of M bee researcher referenced in the paper, said his wife has been around bees for decades and never been stung. That implies she is a beekeeper which means she probably wears protective gear when around bees. The fact remains there are thousands of people who are allergic to bee stings and they can have deadly consequences. My nephew was stung by a bee and may have died had it not been for a doctor who happened by who had an Epipen with him. My nephew spent the day in the hospital. A web site I found stated that in 2012 "Chicken Run Rescue" in MN took in 500 urban chickens. People want chickens but after they find out how much daily work is involved in caring for them and after they stop laying eggs, they don't want them anymore. Parents like to say it will teach their kids about agriculture and responsibility. Then let them plant a garden. According to two web sites I checked out, aercmn.com/blog/posts/the-pros-cons-of-keeping-city-chickens (animal emergency & referral center of MN), and ouroneacrefarm.com/pros-cons-of-backyard-chickens, the chickens poop a lot, it smells very bad, they attract rodents, hens and roosters are both noisy which may bother neighbors, they have predators that include coyotes, foxes, raccoons, owls, hawks. The sites also indicate they create a lot of dust scratching in litter which is not good for your lungs. They also indicate that sexting is not 100% accurate and you may get a rooster. Then there is the problem of getting rid of the chickens when they stop laying eggs which occurs at about 3 years. In addition, they carry disease like salmonella which can even be found in the feathers. The CDC reported that from January 4, 2017 to September 22, 2017 salmonella droppings and feathers from live backyard chickens caused outbreaks that affected 1120 people in 48 states resulting in 250 hospitalizations and 1 death. According to the newspaper, there are people in the city who already have chicken coops in their yards. Why has this been allowed. There are obviously no ordinances approving this. Why should we believe any ordinance would be followed if established when nothing has been done about those having coops illegally. The city seems to have a hard time enforcing ordinances regarding dogs. Now you want to add chickens and bees. For a test amendment to be approved, it must meet public need and this certainly doesn't. In addition, there are a very small number of people that want this. Finally, the city has to consider the rights of all city residents. 5 1/10 – email sent to AS below: Hi, I support the park and recreation department in prior lake, by volunteering at the KOP Family Community Garden. We are glad you are considering this idea for the city area in Prior Lake! Although it seems like a fun idea, and many areas now support the backyard birders and bee hives, they can cause community challenges. Remain aware, bad bee hive | chicken coop management will cause neighbors to be upset. Questions to be answered: Who manages the inspection and fees for this type of hobby? And, what kind of rules should be built to ensure the birds are well cared for? Bees can cause disease if not managed well, even in native populations. Education and Training will need to be addressed, as well as annual management for success. As will any new initiative, I am cautious as I understand how much work they can be in a smaller environment. However, it can add some great value to ardent and responsible birders in our city. There should be careful adoption with registration, to ensure healthy happy home lives around the area. Rooster crows, stinging colonies, and unkept coops and hives can be a problem if not reviewed by good governance in the initial offering in permitting this hobby. Please allow the option, but give good guidance with excellent community support by limiting permits until all the kinks are worked out. It would be hard to have something go up without a group or city template to showcase as well. The garden could be a place to offer an example. thank you -- Cheryl Hanson 5903 Millers Circle Prior Lake MN 55372 text: 612.205.7744 1/10 – Comment in response to NextDoor post: Liz Weninger: I have no problem with this.