City Council Ordinance 634ORDINANCE NO. 634
CITY OF MONTICELLO
WRDGHT COUNTY, MINNESOTA
AN ORDINANCE ART ENDING TITLE 6 OF THE CODE
BY ADDING CHAPTER 8 - BEEKEEPING
CHAPTER 8
BEEKEEPING
SECTION:
6-8-1:
Definitions
6-8-2:
Purpose
6-8-3:
Colony Location
6-8-4:
Colony Density
6-8-5:
Required Conditions
6-8-6:
Registration
6-8-7:
Inspections
6-8-8:
Appeal and Hearing Procedure
6-8-1: DEFINITIONS: Unless the context clearly indicates otherwise, the words,
combination of words, terms, and phrases as used in this section shall have the
meanings set for the in the following paragraphs:
(A) "Apiary" shall mean the assembly of one or more colonies of bees on a
single lot.
(B) "Beekeeper" shall mean a person who owns or has charge of one or more
colonies of honeybees or a person who owns or controls a lot on which a
colony is located whether or not the person is intentionally keeping
honeybees.
(C) "Beekeeping Equipment" shall mean anything used in the operation of an
apiary, such as hive bodies, supers, frames, top and bottom boards and
extractors.
(D) "Colony" shall mean an aggregate of honey bees consisting principally of
workers, but having, when perfect, one queen and at times drones, brood,
combs, and honey.
(E) "Flyway Barrier" shall mean a barrier that raises the flight path of bees as
they come and go from a hive.
(F) "Hive" shall mean the receptacle inhabited by a colony.
(G) "Honey Bee" shall mean all life stages of the common domestic honey
bee. This definition does not include wasps, hornets, African subspecies
or Africanized hybrids.
(H) "Nucleus Colony" shall mean a small quantity of honey bees with a queen
housed in a smaller than usual hive box designed for a particular purpose,
and containing no supers.
(I) "Super" shall mean a box that holds the frames where bees will store the
honey.
(J) "Swarming" shall mean the process where a queen bee leaves a colony
with a large group of worker bees in order to form a new honey bee
colony.
(K) "Unusual Aggressive Behavior" shall mean any instance in which unusual
aggressive characteristics such as stinging or attacking without
provocation occurs.
6-8-2: PURPOSE: Honey bees are an asset to the community and important in the
pollination of plants and in the production of honey and other products. The
purpose and intent of this ordinance it to permit and establish requirements for the
keeping of honey bee colonies, hives, and equipment within the City.
6-8-3: COLONY LOCATION:
(A) Hives cannot be located in the front yard and must be located a minimum
of ten (10) feet from the rear or side property lines and 25 feet from public
rights-of-way unless further restricted elsewhere in this Code. A corner
lot shall be considered to have two front yards. Hive openings shall face
in toward subject property's backyard.
(B) Honeybee colonies shall be kept in removable frames, which shall be kept
in sound and usable condition.
(C) For each colony permitted to be maintained under this section, there may
also be maintained upon the same apiary lot, one nucleus colony in a hive
structure not to exceed one standard 9 5/8 inch depth, ten -frame hive body
with no supers.
(D) A flyway barrier at least six feet in height shall shield any part of a
property line that is within 30 feet of a ground hive. The flyway barrier
shall consist of a wall, fence, dense vegetation or a combination thereof
and it shall be positioned to transect both legs of a triangle extending from
an apex at the hive to each end point of the part of the property line to be
shielded.
(E) Rooftop apiaries are allowed but shall not be located closer than 15 feet
from a principal building on an abutting lot.
6-8-4: COLONY DENSITY:
(A) Every lot or parcel of land in the City shall be limited to the following
number of colonies based on the size of the apiary lot:
(1) One half acre or smaller is allowed two colonies;
(2) More than one half acres to three quarters of an acre is allowed four
colonies;
(3) More than three quarter of an acre to one acre is allowed six colonies;
(4) More than one acre to five acres is allowed eight colonies;
(5) More than five acres, there is no restriction on the number of colonies
and no registration is required.
(B) If any beekeeper removes honeybees from locations where they are not
desired, that person shall not be considered in violation if the person
temporarily houses the honeybees on the Apiary Site of a beekeeper
registered under this Section for no more than 30 days and remains at all
times in compliance with the other provisions in this section.
6-8-5: REQUIRED CONDITIONS:
(A) Honey bee colonies shall be kept in hives with removable frames, which
shall be kept in sound and useable condition.
(B) A constant supply of water shall be provided for all hives, except during
the dormant period.
(C) Materials from a hive or colony which might encourage the presence of
honeybees, such as wax comb, shall be promptly disposed of in a sealed
container or placed within a building or other bee -proof enclosure.
(D) Beekeeping equipment shall be maintained in good condition. Unused
beekeeping equipment must be protected to prevent occupancy by
swarming honeybees.
(E) Hives shall be continuously managed to provide adequate living space for
their resident honeybees in order to prevent swarming.
(F) 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.
(G) Honey may not be sold from any residential property unless a permit has
been obtained and required conditions met in accordance with City Zoning
Code.
6-8-6: REGISTRATION REQUIRED:
(A) Residents seeking approval to keep and raise honeybees shall submit an
application, application fee, and site plan. Registration is not required for
sites over 5 acres in size.
(B) If the beekeeper relocates a hive or colony to a new apiary site, the
beekeeper shall apply for an updated registration, prior to the relocation,
on the form provided by the City.
(C) The beekeeping registration shall be valid January 1 — December 31 of
each calendar year following initial issuance and must be renewed by the
registrant prior to expiration each year by submitting a renewal form to the
City Clerk.
(D) The applicant for the license must notify all residents of the property if the
applicant is not the owner or operator and the owner or operator must be
an additional signatory on the license application. Notification is not
required for renewal of the license.
(E) Upon receipt of application, the City will send written notice to property
owners living within 200 ft. of applicant. Any objections to the
registration must be made in writing and received within ten days. If any
written objection is received, the application must be referred to the City
Administrator.
(1) The application must be denied if the City receives a written objection
from an adjacent property owner that includes medical documentation
by a licensed physician of an allergy to honeybee venom.
(F) Applicants for a beekeeping license shall provide proof of applicable
training or provide a waiver indicating how required experience has been
obtained.
(G) The fees for the registration will be determined by the City Council in the
City's fee schedule.
6-8-7: INSPECTION:
(A) Upon initial registration, annual renewal or any updated registration, each
beekeeper must allow for an inspection by the Animal Control Officer of
the site.
(B) Upon prior notice to the owner of the apiary site, City staff or Animal
Control Officer shall have the right to inspect any apiary.
(C) In the case of a complaint regarding the apiary, the apiary site may be
inspected without prior notice.
(D) The Animal Control Officer or designated City staff may refuse to grant or
revoke a license if the honeybees become a nuisance as determined by the
City or the Animal Control Officer.
6-8-8: APPEAL AND HEARING PROCEDURE:
(A) Registrations issued under this Section may be denied, revoked or non -
renewed due to any of the following:
(1) The keeping of honeybees in a manner which constitutes a nuisance to
the health, safety, or general welfare of the public as determined by the
animal control officer;
(2) Fraud, misrepresentation, or a false statement contained in the
registration application or during the course of the registered activity;
and
(3) Any violation of the applicable provisions in this Chapter.
(B) Notice of approval, denial, revocation or non -renewal must be made in
writing to the registrant and to any person opposing the application for
initial registration specifying the reason(s) for the action. The registrant or
any person opposing the application may request a hearing with the
Monticello City Council within fourteen (14) days of the date of the
notification letter.
APPROVED for publication by the City Council of the City of Monticello, Minnesota, this 11'''
day of April, 2016.
Brian Stumpf, Mayor
ATTEST:
Jeff O'Nei1 City Administrator
CITY OF MONTICELLO
VOTING IN FAVOR: Gabler, Hilgart, Perrault, Posusta, and Stumpf
VOTING IN OPPOSITION: