HomeMy WebLinkAboutOrdinance No. 2537-2011 OriginalGc cdy of
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Sponsored by: Planning Zoning Commission
CITY OF KENAI
ORDINANCE NO. 2537 -2011
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI MUNICIPAL CODE CHAPTER 3.10, CONTROL AND TREATMENT OF
ANIMALS, TO PROVIDE FOR NEW REGULATION OF BEEKEEPING WITHIN THE CITY
OF KENAI INCLUDING THE CITATION PROCEDURES AND PENALTIES FOR
VIOLATION OF ORDINANCES, AND MAKING TECHNICAL CHANGES AND
CORRECTIONS.
WHEREAS, honey bees (species Apis melhifera) are of benefit to humankind by
providing for agriculture and fruit and garden pollination services, and by furnishing
honey, wax, and other useful products; and,
WHEREAS, domestic strains of honey bees have been selectively bred for desirable
traits, including gentleness, honey production, tendency not to swarm, and non
aggressive behavior; and,
WHEREAS, gentle strains of honey bees can be maintained within populated areas in
reasonable densities without causing a nuisance if the bees are properly located and
carefully managed and maintained: and,
WHEREAS, there are hundreds of beekeepers throughout the State of Alaska and
there are many beekeepers that reside in the City of Kenai; and,
WHEREAS, the City recognizes that adverse neighborhood impacts, including but not
limited to swarming, stinging and the spread of disease, may result from the keeping
of bees if appropriate and responsible beekeeping practices are not followed; and,
WHEREAS, regulation by the City is intended to create standards and requirements
that help to ensure that bees kept by residents do not adversely impact the use and
enjoyment of neighborhood properties surrounding the property on which the bees are
kept; and,
WHEREAS, it is in the best interests of the City to adopt standards for the keeping of
bees within the City limits
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form. This is a Code ordinance.
Section 2. Amendment of Section 3.05.070 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 3.05.070, Citation procedure, is hereby amended as follows:
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Ordinance No. 2537-2011
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3.05.070 Citation procedure.
(a) An officer may serve a summons and complaint in the form of a citation upon a
person for violating a provision of this chapter, or a term, condition, or limitation of a
license issued hereunder, or a City regulation promulgated under this title.
(b) A summons and complaint issued under this section shall contain a notice
directing the person to whom it is issued to appear to answer to the charge in the
District Court for the Third. Judicial District of the State of Alaska at Kenai.
(c) An officer who issues a summons and complaint under this section shall
deposit the original and a copy of the citation with his immediate superior who shall
forward the citation to the District Court for the Third Judicial District of the State of
Alaska at Kenai. Thereafter, the summons and complaint may be disposed of only by
official action.
(d) A summons and complaint in the form of a citation that fulfills the
requirements for a complaint under the District Court Rules of Criminal Procedure
promulgated by the Supreme Court of the State of Alaska shall be deemed a lawful
complaint for the purpose of prosecuting a violation of this title.
(c) Mandatory Court Appearance shall be required:
(1) For a violation of KMC 3.10.020(c).
(2) For a violation of KMC 3.10.070(g).
(f21) For all cruelty charges under this code.
(4[3]) Upon second citation of all other provisions of Chapter 3.10 in a twelve (12)
month period.
Section 3. Amendment of Section 3.10.070 of the Kenai Municipal Code, The Kenai
Municipal Code, Section 3.10.070, Livestock within the city limits, is hereby amended
as follows:
3.10.070 Livestock within the city limits.
(a) Except as otherwise provided in this section, no person shall keep or maintain
livestock within the City of Kenai.
(b) Livestock, other than bees. may be kept on lots of forty thousand (40,000)
square feet or greater. No livestock shall be allowed in the RU, RS 1, RS2 or TSH zones.
Animals raised for a fur bearing purpose are not allowed in any zone. Beekeeping will
be restricted as described in 3.10.070k).
(c) In this section "livestock" is defined as the following animals:
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Ordinance No. 2537 -2011
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(1) Cow
(2) Horse
(3) American bison
(4) Llama
(5) Alpaca
(6) Sheep
(7) Swine
Goat
(9) Mule
(10) Donkey
(11) Ratite
(12) Duck
(13) Goose
(14) Chicken
(15) Turkey
(16) Rabbit
(17) Honey Bees (Apes mellifera)
(d) (1) Except for the RS1, RS2, RU, TSH zone(s), the Chief Animal Control
Officer may issue temporary permits of not more than fourteen (14) days for the
keeping of livestock not otherwise allowed for public exhibitions or entertainment
events. The Chief Animal Control Officer may impose conditions on the permits as
reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for
a violation of the conditions of the permit or pertinent section of the Kenai Municipal
Code. The City may charge a permit fee, which fee shall be as set forth in the Citv's
schedule of fees adopted by the City Council. [THE CITY MANAGER MAY SET A
PERMIT FEE AS SET OUT IN KMC 7.15.100.]
(2) Except in the RU zone, the Chief Animal Control Officer may, after notifying
adjoining property owners in writing and allowing reasonable time for comment, issue
a permit for the keeping of livestock for educational or youth activities, such as 4 -H,
Future Farmers of America, or Boy /Girl Scouts on lots not otherwise eligible under
this section. The permit shall state the duration of the permit, which shall not exceed
two (2) years, and the type and number of livestock to be kept. The Chief Animal.
Control Officer may impose conditions on the perrnits as reasonably necessary for
sanitation, safety, or hygiene. The permit may be revoked for a violation of the
conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or
revocation of a permit may be made in writing to the board of adjustment. A permit
may be renewed following written notice and reasonable time for comment to the
adjoining property owners. The City may charge a permit fee, which fee shall be as set
forth in the Citv's schedule of fees adopted by the City Council. [The City Manager
may seta permit fee as set out in KMC 7.15.100.]
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Ordinance No. 2537 -2011
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(e) Lots on which livestock are kept on the effective date of the ordinance codified
in this section which are not eligible for the keeping of livestock under this section
shall be considered a non- conforming use of land under KMC 14.20.050. No new or
replacement livestock may be kept or introduced on such lots after the effective date of
the ordinance codified in this section. Offspring of livestock allowed as a non-
conforming use under this section may be kept on such lots only until they are old
enough to be relocated to a site conforming to this section or outside of the city limits.
(f) Except as set forth in subsection (g), below, c[C]orrals, pens, hutches, coops or
other animal containment structures must have a minimum setback of twenty -five feet
(25') from the property's side yards, fifty feet (50') from the front yard, and ten feet (i0
from the back yard.[;] All animal containment structures lAND1 must be secure and in
good repair.
(g) No person may keep honey bees, Apis mellifera, in a manner that is
inconsistent with the following requirements or that is inconsistent with any other
section of this Code.
(1) Colonies shall be managed in such a manner that the flight path of bees to and
from the hive will not bring the bees into contact with people on adjacent property, To
that end, colonies shall he situated at least twenty -five feet (25') feet from any lot line
not in common ownership; or oriented with entrances facing away from adjacent
property; or placed at ]east eight feet (8') above ground level; or placed behind a fence
at least six feet (6') in height and extending at least ten feet (1.0') beyond each hive in
both directions.
(2) No person shall keen more than four (4) hives on a lot of 10.000 square feet or
smaller, nor shall any person keep more than one (1) additional hive for each
additional_ 2,400 square feet over 10,000 on lots larger than 10.000 square feet.
(3) It shall be a violation for any beekeeper to keep a colony or colonies in such a
manner or in such a disposition as to cause any unhealthy condition or to interfere
with the normal use or enjoyment of any property in the vicinity of the colony by
humans or animals.
141 Beekeepers shall take appropriate care according to best management practices
when transporting hives of bees. Bees being transported have entrance screens or be
secured under netting.
(5) Beekeepers shall acquire hives and hive equipment from sources that are free
from American Foulbrood and other bee related diseases and pests.
(6) The term "hive" as used in this section means the structure intended for the
housing of a bee colony. The term "colony" as used in this section means a hive and
its equipment and appurtenances, including bees, comb, honey, pollen, and brood.
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Ordinance No. 2537 -2011
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(hp]) A person seeking relief from the provisions of this section may apply for a
conditional use permit under KMC 14.20.150.
[(h) THE ORDINANCE CODIFIED IN THIS SECTION WILL COME BACK TO THE
CITY COUNCIL FOR REVIEW TWENTY -FOUR (24) MONTHS AFTER THE EFFECTIVE
DATE.]
Section 4. Severabilitv: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 5. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take
effect one month after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
February, 2011.
ATTEST:
Carol L. Freas, City Clerk
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PAT PORTER, MAYOR
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Introduced: February 2, 2011
Adopted: February 16, 2011
Effective: March 16, 2011
N the raLy!0'
KENA9, ALASKA
MEM
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TO: Rick Koch, City Manager
Villa, with a Past, Gi r with aFatare
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -7535 FAX: 907- 283 -3014
FROM: Marilyn Kebschull, Planning Administration. -k
DATE: January 27, 2011
SUBJECT: Ordinance No. 2537.2011 Amending Chapter 3.10 Beekeeping
In July 2010, Council heard testimony from a citizen who had received a citation for
beekeeping. It was explained that the animal control ordinance didn't specifically
address beekeeping and it was recommended Council consider a regulation which
would provide guidance to beekeepers in the City. The Planning and Zoning
Commission was asked to review the issue and make a recommendation as to whether
beekeeping should be regulated in the City. The Commission held work sessions and
developed the proposed amendment with public input and the assistance of Chief
Sandahl and Animal Control Officer Brett Reid.
While researching the amendment, Attomey Stearns discovered controls in other
ordinances that might help to minimize human /bee interaction. The following was one
of the controls:
Each beekeeper shall ensure that a convenient source of water is available to the
bees at all times during the year that the bees are active so that the bees do not
congregate at pools, pet water dishes, bird baths, or other water sources that are
not part of the natural landscape where the bees may come into contact with
humans, pets, or birds.
On January 26` the Planning and Zoning Commission held a public hearing on the
proposed amendment. The Commission heard testimony that the above requirement
was unnecessary and more appropriate in dry climates, that bees are drawn to muddy
water, and will drink from dirt rather than a clean source of water. Based on that
testimony, the Commission voted unanimously to remove the requirement.
With the amendment the resolution passed unanimously.
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ua.meamr
"Villaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014 lII`I�
1992
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TO: Mayor Porter and City Councilors
E BY COUN v �z �� crt,
44TE r V ra crrr
CC: Rick Koch, City Manager; Marilyn Kebschull, City Planner
FROM: Krista S. Stearns, City Attorney0 j`�Y
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DATE: March 10, 2011
SUBJECT: Beekeeping Ordinance Update, Ordinance No. 2537-2011
This is to update the Council regarding the Ordinance No. 2537-2011 and to obtain
further guidance from the Council to facilitate its further consideration of the ordinance.
At the February 16, 2011 City Council meeting, the Council referred draft Ordinance No.
2537-2011 to the Planning & Zoning Commission (Commission) for further review. The
Commission took up the matter at a work session and regular meeting on March 9. It
recommends changes be made to the proposed ordinance. Those changes are identified
on the attached memorandum from the City Planner to me.
Based upon the motion to refer the matter to the Commission, Ordinance No. 2537-2011
should be returned to on the City Council Agenda at the April 6 meeting. In discussion
the motion to refer the matter to the Commission, the Council suggested that when the
matter again came before the Council, the Council would conduct a second public
hearing. Please confirm that this is the Council's intent. Holding a second public hearing
is not always required under Robert's Rules of Order after referral to committee or after
amendment. This decision affects how the matter is included on the Agenda.
Also, would the Council like to see a substitute ordinance including some or all of the
Commission's recommendations? In making this request, I am looking for general
direction from the Council to help guide the Council's further consideration of this
ordinance. I do not expect, nor would it be procedurally appropriate, for any Council
Member to commit to a position on any specific language or idea. That should be
reserved for consideration of the ordinance itself.
V aye with a Past, Gi�TL/\y� with a Future
r
~; 210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014 IIII.
f 1992
All ALA 5KA _
MEMO:
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TO: Krista Stearns, City Attorney _.
FROM: Marilyn Kebschull, Planning Administration
DATE: March 10, 2011
SUBJECT: Ordinance No. 2537-2011 — Beekeeping Regulation
After hearing public testimony on February 16, 2011, City Council directed Ordinance
No. 2537-2011 be returned to the Planning & Zoning Commission for further review and
recommendation. Based on public testimony, there was concern about sections (g)(3),
(g)(4), (g)(5), and (g)(6).
The Planning & Zoning Commission held a work session on March 9t' prior to their
regular meeting and discussed the Ordinance. Ms. Souders who addressed Council
with concerns was at the work session and explained her concerns with the proposed
ordinance.
During the regular meeting, the Commission moved to consider the ordinance and
made several recommendations for amendments. The Commissions recommends
Council consider the following amendments to the proposed ordinance:
• (g) 3 It shall be a violation for any beekeeper to keep a colony or colonies in
such a manner or in such asuch a manner or in such a disposition as to cause any unhealthyconditionas to cause any unhealthy condition
JORI rINTERFERE WITH THE NORMAL USE OR ENJOYMENT OF ANY
PROPERTY IN THE VICINITY OF THE COLONY IN THE VICINITY_OF THE COLONY BYIto humans or animalshumans or animals.
*Removed words bracketed and in all caps.
• ',_4 Beekeepers shall take appropriate care according to best management
practices when transporting hives of bees. Bees being transported shall have
entrance screens or be secured under screens or be secured under netting.
*Inserted the word "shall" before have in the second sentence.
Ordinance No. 2537-2011
Planning & Zoning Commission Recommended Amendments
Page 2
5 BEEKEEPERS SHALL ACQUIRE HIVES AND HIVE EQUIPMENT
FROM SOURCES THAT ARE FREE FROM AMERICAN FOULBROOD AND
OTHER BEE -RELATED DISEASES AND PESTS.
*Removed section 5.
6 The term "hive" as- used in this section means the sin le structure
intended for the housing of a single bee colony. The term "colony" as used in
this section means a hive and its equipment and aiyurtenances including
bees, comb, honey_, pollen, and brood.
*Inserted the word "single" before structure and before bee in the first
sentence.
cc: Rick Koch, City Manager