HomeMy WebLinkAboutResolution No. PZ2011-02CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ11 -02
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION
RECOMMENDING KENAI CITY COUNCIL AMEND 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 meiiferd) are of bcnefit 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 RESOLVED THAT THE PLANNING AND ZONING
COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI,
New Text Underlined (DELETED TEXT BRACKETED]
PZ11 -02 Resolution
Page 2
ALASKA, AMEND KENAI MUNICIPAL CODE CHAPTER 3. 10, CONTROL AND
TREATMENT OF ANIMALS 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:
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.
(e) 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(8)..
(3[2]) 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
Now Text Underlined [DELE'T'ED TEXT BRACKE'T'ED]
Pz11 -02 Resolution
Page 3
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 3.10.070(gj.
(c) In this section "livestock" is defined as the following animals:
(1) Cow
(2) Horse
(3) American bison
(4) Llama
(5) Alpaca
(6) Sheep
(7) Swine
(8) Goat
(9) Mule
(10) Donkey
(11) Ratite
(12) Duck
(13) Goose
(14) Chicken
(15) Turkey
(16) Rabbit
(17) Honey Bees (Apis_meilifera)
(d) (1) Except for the RS 1, 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
Ct�maycharge a perm_ it fee, which fee shall be as set forth in the City's _schedule of
fees adopted by the Ci ty 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 permits 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 City's schedule of fees adopted by the City Council. [The City Manager
New Text Underlined [DELETED TEXT BRACKETED]
PZ11 -02 Resolution
Page 4
may set a permit fee as set out in KMC 7.15.100.]
(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.
(fl Except as set forth in subsection (g ), below, [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 (10')
from the back yard_[;] All animal containment structures (AND) must be secure and in
good repair.
No person may keep honey bees, Apis meiiiferg, in a manner that is incansistent
with the followin 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 be situated at least twenty -five feet _L 5') feet from any_ lot line
not in common ownership; or oriented with entrances facing _away from adjacent
properly, or placed at least eight feet (81 above ground level; or placed behind a fence
at least six feet (61 in height and extending at least ten feet 10' be and each hive in
both directions.
(2) No .person shall keep 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 gLiy beekeeper to keep a coloLly or colonies in such a
manner or_ iii such a -disposition as to cause gDy unhealthy condition or to interfere
with the normal use or enjoyment of gny property in the vicinijY of the coloLly b
humans or animals.
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 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 e ui ment and appurtenances, including bees comb hone pollen and brood.
New Text Underlined [DELETED TEXT BRACKETED]
PZ 11 -02 Resolution
Page 5
(h[G]) 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. Severability 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.
1
Dated at Kenai, Alaska this � day of f �u� , 2011.
C,,l�iai
ATTEST:
New Text Underlined, [DELETED TEXT BRACKETED]