A second reading of an ordinance will be held on November 27 amending the City Code to allow for the keeping and regulation of chickens and honeybees, changing kennels to multiple pet locations and setting fees.
ORDINANCE NO. ____
AN ORDINANCE AMENDING FRIDLEY CITY
CODE CHAPTER 101. ANIMAL CONTROL BY
REDEFINING OR ADDING DEFINITIONS TO SECTION 101.01 DEFINITIONS; CREATING A NEW
SECTION 101.04 ALLOWING FOR AND REGULATING CHICKENS; CREATING A NEW SECTION
101.05 ALLOWING FOR AND REGULATING HONEYBEES; AMENDING SECTION 101. 14 CHANGING
KENNELS TO MULTIPLE PET LOCATIONS AND RENUMBERING SECTIONS OF THIS CHAPTER AS
REQUIRED.
The Fridley City Council hereby
finds after review, examination and recommendation of staff that Chapter 101
related to Animal Control be hereby amended and ordains as follows:
FRIDLEY
CITY CODE
CHAPTER
101. ANIMAL CONTROL
SECTION I: That Section 101.01
be hereby amended and renumbered as follows:
101.01 DEFINITIONS
The following definitions shall apply in the
interpretation and application of this Chapter and the following words and
terms, wherever they occur in this Chapter, are defined as follows:
10. Kennel.
Any lot or premises on which
four (4) or more dogs or cats, or any combination of four (4) or more dogs or
cats, at least six (6) months of age, are kept. (Ref. 979.) A place
where two or more dogs, cats, or any combination thereof are kept:
A.
For the business of
selling, boarding for a fee, breeding for sale, training or some other
enterprise intended primarily for profit making purposes;
B.
Are licensed by the
Minnesota Board of Animal Health; and
11. Livestock.
Horses, cattle, goats, rabbits,
sheep, swine, fowl, and other animals used for utility.
12. License.
The authority to keep an animal
within the City of Fridley.
13. Multiple Pet
Location
Any
residential lot where an occupant of the residence desires to keep more than
three (3) dogs, cats or any combination thereof that are at least six (6)
months of age as pets.
13
14. Pet
Shop.
14 15. Potentially
Dangerous Dog\
15 16. Rodents.
16 17. Under
Strict Control
17
18. Veterinary Hospital.
18 19. Waterfowl
19
20. Wild
Animals.
SECTION II: That Section 101.04 be
hereby amended by creating new language allowing for the keeping and regulating
of chickens as follows:
101.04. Chickens
1.
Purpose:
A.
The purpose of this ordinance is
to allow for the keeping of chickens on a small-scale basis and to address the
negative impacts such as noise and odors that may result and that are not
typical in urban areas.
B.
The keeping of chickens,
sometimes referred to as “urban chickens” or “city chickens” is a movement
spreading across the state and country.
The urban chicken movement allows for the keeping of chickens on a small-scale
for the purpose and desire of people to be closer to their food sources. This movement allows people to raise chickens
in an urban environment to have access to fresh eggs on a regular basis for
their own individual use and consumption.
2.
Definitions
A.
Chicken. A chicken (Gallus gallus domesticus) is a domesticated type of fowl that serves as an egg or meat source.
B.
Clucking. The sound uttered by a hen when laying eggs,
brooding, or in calling her chicks.
C.
Coop. The structure for the housing of chickens
permitted by this chapter.
D.
Crowing. The sound uttered by a rooster is the
‘singing’ of the rooster. Roosters crow
for many reasons including: reacting to a disturbance, reacting to almost any
kind of sound (cars, people, other roosters, other animals, etc.), guarding
their territory, feeling threatened, a predator ‘trespassing’ on their
territory, or just communicating with other chickens
E.
Hen. A hen is a female chicken.
F.
Rooster. A rooster is a male chicken.
G.
Run. A fully enclosed and covered area attached to
a coop where the chickens can roam unsupervised.
3.
License Required
A. No person shall keep, harbor, maintain or allow the keeping of chickens
on any property in the City without an approved license. If the applicant is a tenant, they must also
provide proof of approval of owner permitting the keeping of chickens.
B. Education and training on how to raise chickens is required for the
individual prior to the issuance of the initial license by the City. At the time of application for licensing, the
individual must submit proof of completion of an educational course on the care
and keeping of chickens.
C. The application for licensing must be upon a form provided by the
City. All required information must be
complete, including the number and breed of chickens, a diagram or photograph
of the proposed coop and run, description of sanitation control and a
description on how chicken feed will be maintained or stored.
D. A site plan of the property showing the location, size, and setback
requirements of the proposed chicken coop and run shall be required.
E. The property must be in compliance with all other applicable City
regulations in order to receive approval and renewal.
F.
If the licensee fails to
maintain the standards of practice subsequent to issuance of the license, the
Community Development Director or designee license may revoke the license.
G. Within six months of the effective date of this section, individuals
who have been keeping chickens in the City must either apply for and receive a
license or remove the chickens and structures from property.
H. The license shall be valid until April 30th of each
calendar year following initial issuance and must be renewed prior to annual
expiration by submitting a renewal form provided by the City and the required
renewal fee.
I.
The fees for the license are set
in Chapter 11 of the Fridley City Code.
4.
Location and Size of Coop and Run
A. Residents on properties zoned R-1, Single Family Residential may be
permitted to keep and raise chickens as a hobby with a license and shall be
limited to a maximum of six chickens per property.
B. Coop and run area must be located in the backyard and must be
located a minimum of thirty (30) feet from all adjacent property lines.
C. Coop and covered run area shall be limited to no more than sixty
(60) square feet.
D. Coop size shall be not less than three (3) square feet per bird, be
weather proof and fully enclosed.
E. The coop shall comply with current zoning and building codes. The coop shall be constructed with
architecturally appropriate building materials including exterior grade siding
and either a metal, composite or shingled roof.
In the alternative, coop may be purchased from a commercial source that
constructs structures specifically to be used as coops for chickens.
F.
The run shall have a fence
around the enclosure and shall be securely constructed with mesh type material.
G. The run shall have protective overhead netting or fencing to prevent
the chickens from roaming freely and to protect them from other animals.
H. If the keeping of chickens has been discontinued for more than 12
months, the licensee must remove the coop and run and restore the site within
90 days.
5.
Conditions
A.
There shall be a maximum of six
chickens kept on site at any one time.
B.
There shall be no roosters or
loud clucking hens permitted on site.
C.
There shall be no chickens
allowed or kept inside of any residential garage or dwelling unit.
D.
Chickens shall be secured inside
of a shelter from sunset to sunrise each day to prevent nuisance noise and
attraction of predators.
E.
Chickens shall be confined to
the chicken coop and run area and may not roam free on the property.
F.
Housing facilities and grounds
shall be maintained in a clean and sanitary condition, and kept in good
repair. Flies, rodents and noxious odors
shall be controlled. Facilities shall be
kept free of fecal matter and collected fecal matter shall be properly stored
and disposed of weekly.
G.
If chickens are to be maintained
during the winter months, the chicken coop shall be winterized to protect the
chickens in cold weather.
H.
Chickens shall be fed within the
confines of the chicken coop or run area.
Feed shall be stored in leak-proof containers with a tight-fitting cover
to prevent attracting vermin.
I.
The raising of chickens for
breeding purposes is prohibited on residentially used or zoned properties.
J.
There shall be no slaughtering
or butchering of any chickens on residential properties within the City of
Fridley.
6.
Inspection
As a part of the initial license application or annual
renewal each resident must allow an inspection of the coop and run area. The Community Development Director or
designee shall have the right to inspect any coop and run for the purpose of
ensuring compliance with this section between 8 a.m. and 5 p.m. Monday through
Friday upon providing prior notice to the owner of the property. In the case of a complaint regarding the coop
and run, the site may be inspected without prior notice. In the event the licensee moves to a new
residential lot within the City of Fridley, the licensee is required to
complete a new application for the new location.
7.
Appeal and Hearing Procedure
A. Licenses issued under this section may be denied, revoked or
non-renewed due to any of the following:
1)
The keeping of chickens in a
manner which constitutes a nuisance to the health, safety or general welfare of
the public;
2)
A chicken may be impounded by
the city pursuant to City Code Section 101.11 if it is found to be at large in
violation of this section. After being
impounded for five (5) business days without being reclaimed by the owner, it
may be humanely euthanized or sold. A
person reclaiming any impounded chickens shall pay the cost of impounding and
boarding of the chicken(s).
3)
Fraud, misrepresentation, or a
false statement contained in the registration application or during the course
of the registered activity; or
4)
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 applicant. The applicant
may request a hearing by submitting a written request to the city clerk within
fourteen (14) business days of the date of the notification letter.
C. The Appeals Commission shall hold a hearing on a contested approval,
denial, revocation, or non-renewal. The
appeal process to be used shall be the same process described in Section 128.06
of the Fridley City Code. At the
hearing, the applicant may speak and may present witnesses and other
evidence. Upon the conclusion of the
hearing, the Appeals Commission shall issue a written decision that includes
findings of fact. The City shall provide
the applicant with a copy of the Appeals Commission decision. The applicant may appeal the Commission’s
decision to the city council by submitting a written request to the city clerk
within fourteen (14) business days of the date of the Appeals Commission
decision.
SECTION III: That Section 101.05 be hereby amended by
creating new language allowing for the keeping and regulating honeybees as
follows:
101.05. Beekeeping
1.
Purpose
Honeybees are an asset to the community and important in the
pollination of plants and production of honey and other products. The purpose of this ordinance is to allow for
the hobby of keeping honeybees and to establish certain requirements for
beekeeping within the City, to avoid issues which might otherwise be associated
with beekeeping in populated areas.
2. Definitions
As used in this section of the Code, the following words and
terms shall have the meanings ascribed in this section unless the context of their
usage indicates another usage.
A. Accredited Institution. An
educational institution holding accredited status which has been licensed or
registered by the Minnesota Office of Higher Education at the time the
registrant obtained his or certificate.
B. Apiary. The assembly of one
or more colonies of bees on a single lot.
C. Apiary Site. The lot upon
which an apiary is located.
D. Beekeeper. 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.
E. Beekeeping Equipment.
Anything used in the operation of an apiary, such as hive bodies,
supers, frames, top and bottom board and extractors.
F.
Colony. An aggregate of honeybees consisting
principally of workers, but having, when perfect, one queen and at times
drones, brook, combs and honey.
G. Hive. The receptacle
inhabited by a colony.
H. Honeybee. All life stages of
the common domestic honeybee, apis
mellifera. This definition does not
include wasps, hornets, African subspecies or Africanized hybrids.
I.
Licensee. Any beekeeper or person who has applied and
received approval of a beekeeping license.
J.
Nucleus Colony. A small quantity of honeybees with a queen
housed in a smaller than usual hive box designed for a particular purpose, and
containing no supers.
K. Queen. An adult mated female
that lives in a honeybee colony or hive that is usually the mother of most, if
not all, of the bees in the beehive. A
queen is developed from larvae selected by workers bees and specifically fed in
order to become sexually mature.
L. Super. A box that holds the
frames where bees will store the honey.
M. Swarming. The process where a
queen bee leaves a colony with a large group of worker bees in order to form a
new honeybee colony.
N. Unusual Aggressive Behavior.
Any instance in which unusual aggressive characteristics such as
stinging or attacking without provocation occurs. Provocation is an act that an adult could
reasonably expect may cause a bee to sting or attack.
3.
Beekeeping License Required.
A. No person shall keep, harbor, maintain or allow to be kept any hive
or other facility for the housing of honeybees on or in any property in the
City without an approved license.
B. Beekeeping training and education is required for the beekeeper
prior to the issuance of the initial beekeeping license by the City. At the time of application for licensing, the
beekeeper must submit a certificate of completion of a honeybee keeping course
from an accredited Minnesota institution.
C. The application of licensing must be upon a form provided by the
City. All required information must be
complete.
D. Each apiary site must apply for a license and receive approval prior
to bringing any honeybees into the City.
E. The beekeeping license shall be valid until April 30th of
each calendar year following initial issuance and must be renewed prior to
annual expiration by submitting a renewal form provided by the City and paying
the required renewal fee.
F.
Upon receipt of an application
for initial license, the City will send written notice to all owners of
properties located within 200 feet of the property line of the apiary site
identified on the application. Any
objections must be made in writing and received within fourteen (14) business
days of mailing the notice.
G. The license may be denied if the City receives a written objection
from a resident living within the designated notification area who provides reasonable
evidence that he or she or a member of his or her household has an allergy to
honeybee venom.
H. The fees for the license are set in Chapter 11 of the Fridley City
Code.
I.
The property must be in
compliance with all other applicable City regulations in order to receive
approval and renewal.
J.
If the licensee fails to maintain
the standards of practice subsequent to issuance of a beekeeping license, the
community development director or designee may revoke the license.
K. Beekeepers operating in the City prior to the effective date of this
section must either apply for and receive a license or remove the bees and
structure within six months of the effective date.
4.
Colony Location
A. Residents on properties zoned R-1, Single Family Residential may be
permitted to keep and raise honeybees as a hobby and shall be limited to two
colonies per property.
B. Hives must be located in the backyard and must be located a minimum
of thirty (30) feet from all property lines.
C. If any licensed beekeeper serves the community by removing a swarm
or swarms of honeybees from locations where they are not desired, that person
shall not be considered in violation of the colony density restrictions in this
section if the following conditions are met:
1)
The person temporarily houses
the honeybees at an apiary site of a beekeeper licensed by the City;
2)
The bees are not kept for more
than thirty (30) days; and
3)
The site remains in compliance
with the other provisions of this section.
5.
Required Conditions
A. No more than two colonies may be kept on the property at one time.
B. For each colony permitted to be maintained in this section, there
may also be maintained upon the same apiary lot, one nucleus colony in a hive
structure not to exceed one standard nine and five-eighths (9 5/8) inch depth
box, ten frame hive body with a maximum of 5 supers.
C. Honeybee colonies shall be kept in hives with removable frames which
shall be kept in sound and usable condition.
D. Each colony on the apiary site shall be provided with a convenient
source of water which must be located within ten feet of each active colony.
E. Materials from a hive such as wax combs or other materials that
might encourage robbing by other bees shall be promptly disposed of in a sealed
container or placed within a building or other bee and vermin proof enclosure.
F.
Beekeeping equipment must be
maintained in good condition, including keeping the hives free of chipped and
peeling paint if painted, and any unused equipment must be stored in an
enclosed structure.
G. Hives shall be continuously managed to provide adequate living space
for their respective honeybees in order to prevent swarming.
H. In any instance in which a colony exhibits unusual aggressive
behavior, it shall be the duty of the beekeeper to promptly re-queen the
colony.
I.
Honey may not be sold from any
residential property.
6.
Inspection.
As part of the initial application or annual renewal, each
beekeeper must allow an inspection of the apiary site. The community development director or
designee shall have the right to inspect any apiary for the purpose of ensuring
compliance with this section between 8 a.m. and 5 p.m. Monday through Friday
upon providing prior notice to the owner of the apiary property. In the case of a complaint regarding the
apiary, the apiary site may be inspected without prior notice. In the event the licensee moves to a new residential
lot within the City of Fridley, the licensee is required to complete a new
application for the new location.
7.
Appeal and Hearing Procedure.
A. Licenses 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;
2)
Fraud, misrepresentation, or a
false statement contained in the license application or during the course of
the licensed activity; or
3)
Any violation of the applicable
provisions in this Chapter.
4)
Objection by a resident as
stated in this chapter.
B. Notice of approval, denial revocation or non-renewal must be made in
writing to the applicant and to any person opposing the initial application
specifying the reason(s) for the action.
The applicant or any person opposing the application may request a
hearing by submitting a written request to the city clerk within fourteen (14)
business days of the date of the notification letter.
C. The Appeals Commission shall hold a hearing on a contested approval,
denial, revocation, or non-renewal. The
appeal process to be used shall be the same process described in chapter
Section 128.06 of the Fridley City Code.
At the hearing, the applicant and any person opposing the initial
application may speak and may present witnesses and other evidence. Upon the conclusion of the hearing, the
Appeals Commission shall issue a written decision that includes findings of
fact. The City shall provide the
applicant and any opposing party with a copy of the Appeals Commission
decision. The applicant may appeal the
Commission’s decision to the city council by submitting a written request to
the city clerk within fourteen (14) business days of the date of the Appeals
Commission decision.
SECTION IV: That Sections 101.04 to 101.13 be hereby
renumbered as follows:
101.04
06. ANIMAL NUISANCE
101.05
07. DOG LICENSING
101.06
08. REVOCATION
101.07
09. EXEMPTIONS
101.08 10.
FEES
101.09
11. IMPOUNDING
101.10 12. ANIMAL
BITES, QUARANTINE
101.11
13.
PROHIBITED ANIMALS
101.12
14.
COMPLAINTS
101.13
15.
MUZZLING
SECTION V: That Section 101.14 Kennels
be hereby renumbered and amended by changing Kennels to Multiple Pet Locations
as follows:
101.1416. KENNELS MULTIPLE PET
LOCATION
1. License
Requirement.
No person shall keep or maintain more than three (3) dogs or cats, or any combination of dogs
or cats that are at least six (6) months of age as pets on a residential lot
a kennel in the City except without
obtaining a kennel multiple pet location license. consistent
with the zoning requirements of this Code.
2. License
Application
Application for a kennel
multiple pet location license shall be
made on forms provided by the City. Such application shall contain the following
information:
A. Location, on the
premises, The name, address, e-mail and phone number of the applicant of the kennel multiple pet location.
B. A site plan showing
the Llocation of the
structures and fencing for the housing or shelter
and run for the exercise of the dogs and/or cats. If the dogs and/or
cats are to be kept primarily within the home or other building of the
residence of the applicant or of any other person, the application shall so
state.
C. The maximum number and
type of breed(s) of dogs, cats or any combination thereof, to be
kept on the premises.
D The distance of any
run areas or housing for dogs and/or cats from any building structures suitable
for human habitation, or a public place where food is bought, stored or eaten.
This distance shall be a minimum of 200 feet.
E. The premises for
any keeping of dogs and/or cats shall be fenced and a simple plan showing the
location of fencing shall be furnished, The fencing must be of such quality and
design so that it: will contain the dogs and/or cats.
DF. Method to be used in keeping the premises
in a sanitary condition.
EG. Method to be used in keeping the dogs
and/or cats quiet.
FH. An agreement by the applicant that the
premises may be inspected by the City at all reasonable times.
3. Issuance of
License.
The City shall have discretion in determining whether or
not to issue a license. In making such determination, the City shall take into
consideration the adequacy of the housing, the runs
for the animals, the method used for generation, the method used to keep the
animals quiet, the facilities for containing the animals conditions listed below and with particularity,
any violations during the previous license period.
4. Conditions
- Housing
facilities and grounds shall be maintained in a clean and sanitary
condition and kept in good repair.
Facilities shall be kept free of fecal matter and collected fecal
matter shall be properly disposed of weekly so as not to create a public
nuisance as defined in Chapter 110 of this Code.
- The premises
for keeping of dogs and/or cats shall be fenced. The fencing must be of such quality and
design so that it will contain the dogs and/or cats.
- If dogs and
cats are to be maintained outside during the winter months, the housing or
shelter shall be winterized to protect the dogs or cats from the harsh
elements of the cold.
- Animal feed
shall be stored in leak-proof containers with tight-fitting covers to
prevent attracting vermin so as not to create a public nuisance as defined
in Chapter 110 of this code.
- The animals
are maintained in a manner that they do not become a public nuisance as
defined in Section 101.06 of this Code.
45. Kennel Multiple Pet
Location License Fee.
The annual
license fee and expiration date shall be as provided in Chapter 11.1 of
this Code.
6.
Inspection
As a part of the initial license application or annual
renewal, each resident must allow an inspection of the housing facilities and
grounds. The community development
director or designee shall have the right to inspect the property for the
purpose of ensuring compliance with this section between 8 a.m. and 5 p.m.
Monday through Friday upon providing prior notice to the owner of the
property. In the case of a complaint
regarding the multiple pet location, the site may be inspected without prior
notice. In the event the licensee moves
to a new residential lot within the City of Fridley, the licensee is required
to complete a new application for the new location.
57. Appeal and Hearing Procedure License Revocation.
A. Licenses issued under this section may be denied, revoked or
non-renewed due to any of the following:
1)
The keeping of dogs or cats in a
manner which constitutes a nuisance to the health, safety or general welfare of
the public;
2)
A dog or cat may be impounded by
the city pursuant to City Code Section 101.11 if it is found to be at large in
violation of this section. After being
impounded for five (5) business days without being reclaimed by the owner, it
may be humanely euthanized or sold. A
person reclaiming an impounded dog or cat shall pay the cost of impounding and
boarding of the dog or cat.
3)
Fraud, misrepresentation, or a
false statement contained in the license application or during the course of
the licensed activity; or
4)
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 applicant specifying the reason(s) for the action. The applicant may request a hearing by
submitting a written request to the city clerk within fourteen (14) business
days of the date of the notification letter.
C. The Appeals Commission shall hold a hearing on a contested approval,
denial, revocation, or non-renewal. The
appeal process to be used shall be the same process described in Section 128.06
of the Fridley City Code. At the
hearing, the applicant may speak and may present witnesses and other
evidence. Upon the conclusion of the
hearing, the Appeals Commission shall issue a written decision that includes
findings of fact. The City shall provide
the applicant with a copy of the Appeals Commission decision. The applicant may appeal the Commission’s
decision to the city council by submitting a written request to the city clerk
within fourteen (14) business days of the date of the Appeals Commission
decision.
If a license
is granted and the applicant thereafter fails to comply with the statements
made in the application or any other conditions reasonably imposed, or violates
any other provisions of this Chapter, the licensee shall be notified by mail
and given ten (10) days to remedy any defects or defaults. If such condition is
not remedied in ten (10) days, a hearing shall be held at least ten (10) days
after mailed notice to the licensee. The licensee and all other interested
parties shall have the opportunity to be heard. If it shall appear that said
kennel is not being properly maintained, the City may revoke the kennel license
and the keeping of three (3) or more dogs, three (3) or more cats, or any
combination of three (3) or more dogs and cats shall be immediately
discontinued.
SECTION VI: That sections 101.15 to 101.20 be hereby
renumbered as follows:
101.15 17.
ANIMAL CONTROL OFFICER
101.16
18. GUARD DOGS
101.17
19.
SEEING EYE DOGS
101.18
20.
CRUELTY TO ANIMALS
101.19 21. RELATION TO OTHER LAW
101.20 22. PENALTIES
SECTION VII: That Chapter 11 FEES be hereby amended setting the fee for the licensing of chickens,
honeybees and multiple pet locations as follows:
|
CODE
|
SUBJECT
|
FEE
|
|
101
|
Chickens
Initial Fee
Renewal Fee
Impound Fees
|
$100
$25
$25
|
|
101
|
Honeybees
Initial Fee
Renewal Fee
|
$100
$25
|
|
101
|
Kennel Multiple Pet
Location
Initial Fee
Renewal Fee
Impound Fee
|
$100
$25
$25
|