HomeMy WebLinkAboutOrdinance No. 2537-2011 Substitutery/
KENAI. ALASKA
SUBSTITUTE
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 mellifera) 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.
(e)
(1)
(2)
(j
Mandatory Court Appearance shall be required:
For a violation of KMC 3.10.020(c).
For a violation of KMC 3.10.070(g).
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, RS1, 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(g).
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Ordinance No. 2537 -2011
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(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 (Api 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 City'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 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
may set a 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 (10')
from the back yard.[;] All animal containment structures [AND) 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 be 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 least eight feet (8') above ground level; or placed behind a fence
at least six feet (6') in height and extending at least ten feet (10') beyond 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 any beekeeper to keep a colony or colonies in such a
manner or in such a disposition as to cause any unhealthy condition to 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) The term "hive" as used in this section means the single structure intended for
the housing of a. single bee colony. The term "colony" as used in this section means a
hive and its e u ment and a• •urtenances includin• bees comb hone •ollen and
i
brood.
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(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.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April,
2011.
ATTEST:
i -4-J
Carol L. Freas, City Clerk
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MIKE :OYLE, ICE M.' OR
Introduced: February 2, 2011
Second Hearing: February 16, 2011
Third Hearing: April 6, 2011
Adopted: April 6, 2011
Effective: May 6, 2011
\th
KENAI, ALASKA
MEMO:
TO: Mayor Porter and City Councilors
CC: Rick Koch, City Manager
FROM: Krista S. Stearns, City Attorne
DATE: March 31, 2011
SUBJECT: Ordinance No. 2537 -2011 Substitute
Beekeeping Ordinance
Tillage with a Past, Gc with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 -7535 FAX: 907 283 -3014 1 1111!
In your Council packet is Substitute Ordinance No. 2537-2011 as well as the ordinance as
originally introduced to the City Council on February 2, 2011. As you may recall, at its
Febniary 16 meeting, the Council referred the ordinance to the Planning Zoning
Commission for further review and recommendation. The Substitute reflects changes
proposed by the Commission after it held a public hearing and then considered the matter
at a regular meeting on March 9, 2011. The differences between the originally- proposed
ordinance and the Substitute are all found on page 4 of the each document at subsections
(g)(3) —(6) (KMC 3.10.070) and are summarized as follows:
(g)(3): removed language prohibiting a beekeeper from keeping a colony where it would
"interfere with normal use or enjoyment of any property in the vicinity of the colony,"
but preserving the prohibition against keeping colonies in a manner as to cause unhealthy
conditions.
(g)(4): corrected typographical error, adding the word "shall" in the second sentence.
(g)(5): deleted requirement that beekeepers acquire hives and equipment from sources
free from American Foulbrood and other bee related diseases; and,
(g)(6): added clarification to the definition of "hive" to state that it is a "single" structure
housing a "single" bee colony.
1992
Page 2 of 2
Memorandum Beekeeping Ordinance 2537 -2011 Substitute
These recommended changes are further summarized in the attached memorandum to me
from Marilyn Kebschull dated March 10, 2011.
At its March 16 Council meeting, the Council instructed that a substitute incorporating
the Commission's recommendations be drafted for its consideration. The Council also
requested that the ordinance be scheduled for a second public hearing at the April 6,
2011.
There is an active motion to enact Ordinance No. 2537 -2011 as originally introduced.
The Council should conduct the second public hearing on the Ordinance No. 2537 -2011.
After the public hearing, if a Council Member wishes to consider all of the changes in the
Substitute, 1 recommend a motion to put the Substitute before the Council for
consideration. One form of such motion could be: I move a substitute amendment by
replacing Ordinance No. 2537 -2011 with Ordinance No 2537 -2011 Substitute.
In the alternative, if a Council Member wanted to consider some, but not all of those
changes, or to consider other changes to the ordinance, the Council Member can simply
move to amend the ordinance: 1 move to amend Section of Ordinance No. 2537 -2011
by [inserting the words; striking the words; deleting a paragraph; etcetera].
L:AOrdinances \2011 ABeekeepingMemo033111