City of Wms Ord 61
ORDINANCE #61BEEKEEPING WITHIN CITY LIMITS
An ordinance establishing beekeeping within the city limits of Williams, Minnesota located in Lake of the Woods County.
(A) Beekeeping Definitions. The following words, terms and phrases, when used in this Section, shall have the following meanings ascribed to them, except where the context clearly indicates a different meaning:
(1) Apiary means any place or location where one or more colonies or nuclei of bees are kept.
(2) Bees mean any stage of the common honeybee, Apis mellifera, or other bees kept for the production o honey or wax.
(3) Hive means any domicile for keeping bees. One hive houses a swarm consisting of one queen and workers.
(4) Wild Swarms of Bees means any colony of bees which becomes established upon a lot or parcel or in anything other than a hive.
(B) Within Corporate Limits. It shall be unlawful for any person to place, establish, or maintain any hive, stand, bod, apiary, or keep any bees in or upon premises within the corporate limits of the city unless the bees are kept in accordance with the provisions of this article.
(C) Requirements for Hives, Stands, Boxes, or Apiaries:
(1) No person shall establish or maintain any hive, stand, box or apiary or keep any bees on any premises within 50 100 feet of any occupied dwelling, except the dwelling of the owner of such bees, or within 25 100 fee of any property line, sidewalk, alley or other public way. No person shall establish or maintain a number of hives, stands, boxes or apiaries on any premises such as to constitute a nuisance to neighboring property owners as determined by the City Council or it’s designee based on all provisions of this article. No hive, stand, box or apiary shall be kept or maintained within 200 500 feet of a school, licensed child day care center or a dwelling occupied by any person systemically allergic to bee stings. The distance requirements shall be enforced with the exception of an adjacent property owner or occupant who may request in a written affidavit to the City Council that the distance requirements be waived pertaining to their property line. The affidavit may be voided at any time upon the request from the submitting owner or occupant.
(2) No bees shall be kept upon any land not owned or possessed by the keeper of such bees without first obtaining written permission to do so from the owner or person lawfully in possession of such land, which permission may be revoked at anytime.
(3) All hives, stands, boxes or apiaries shall be oriented so that their entrances face a house or building on the premises and shall be surrounded by a solid fence not less than four (4) feet in height, located no further than thirty (30) fee from such hives. All gates must be locked with a key or combination lock at all times.
(4) A conspicuous sign identifying the site as housing bees and warning of danger shall be posted at entrance and exit points of all apiary enclosures.
(5) No hive shall be kept or maintained within any front or side yard.
(6) With the exception to property located within agriculture districts, no more than two (2) hives, stands, boxes or apiaries shall be maintained on any lot or parcel. If more than two hives are kept on land zoned as agricultural, such beehives shall be situate not less than two hundred (200) (500) feet from any dwelling, excluding the dwelling on the lot or parcel whereon such hives are situate, and at least two hundred (200) (500) fee from any public street or roadway or public access.
(D) Subsequent Development of Adjacent Properties. If adjacent property is later developed, or residential structures located closer than distances prescribed in Ordinance 60 (B), above, the keeper shall move such hives, stands, boxes, or apiaries to comply with this article.
(E) Water Facilities. Fresh clean water facilities for the bees shall be provided within twenty-five (25) feet of each hive, stand, box or apiary.
(F) Power of the City Council or its Designee to Remove or Destroy Bees. Whenever the Lake of the Woods County Public Health Director/Board shall find, and so declare, that a public health nuisance or emergency exists by reason of beekeeping within the city limits, or if the Beekeeper fails to comply with the provisions of this article, the City Council may order the removal or destruction of any apiary in order to preserve the public health and welfare.
(G) Exemptions. Nothing in this article shall be deemed or construed to prohibit the keeping of bees within a school for the purpose of observations, or within a physician’s office or laboratory for the purpose of medical research, treatment, or other scientific purposes.
(H) Wild Swarms of Bees. No person shall keep, maintain, or allow to remain on any lot or parcel which such person owns and/or resides any wild swarms of bees.
VIOLATIONS, PENALTIES, AND FEES
(A) Separate offenses. Each day a violation of this ordinance is committed or permitted to continue shall constitute a separate offense and shall be punishable under this section.
(B) Misdemeanor. Unless otherwise provided, violation of this ordinance shall constitute a misdemeanor punishable as provided by Minnesota Statute 412.231 (see below).
(C) Fees and Penalties. The council shall have the power to declare that the violation of any ordinance shall be a penal offense and to prescribe penalties therefore. No such penalty shall exceed a fine of $1,000 or imprisonment in a county jail for a period of 90 days, or both, but in either case the costs of prosecution will be added.
This Ordinance shall be in full force and take effect from and after its passage and approval and publications as provided by law.
All other ordinances and parts of other Ordinances inconsistent or in conflict with any part of this Ordinance are herby repealed to the extent of such inconsistency or conflict.
This Ordinance is adopted by the City Council of the City of Williams, Lake of the Woods County, Minnesota this 9th day of April, 2007.
______________
Nancy Jewell, Mayor
Attest: ___________
Jacquelin Becklund, City Clerk
State of Minnesota )
County of Lake of the Woods) SS
City of Williams )
I, the undersigned duly appointed and acting City Clerk for the City of Williams, do hereby certify that the attached and foregoing Ordinance is a true and correct copy of the Ordinance duly adopted by the Williams City Council at its working council meeting of April 9, 2007 and as recorded in the minutes of said meeting.
Witness my hand and seal of the City of Williams this 9th day of April, 2007. ________________________________
Jacquelin Becklund, City Clerk