§ 95.23 EXOTIC PETS/NON-DOMESTIC ANIMALS/FARM ANIMALS.
   No person shall harbor any exotic pets, non- domestic pets, or farm animals, nor build, maintain or use a structure for the keeping of such animals within the city limits. Exceptions include those animals in the divisions below, and shall not be kept within the city without first registering with the city.
   (A)   Keeping of chickens.
      (1)   Intent. It is recognized that the ability to cultivate one's own food is a sustainable activity that can also be a rewarding pastime and the intent of this section is to allow the keeping and maintenance of hens in a clean and sanitary manner that does not create a nuisance and is not detrimental to the public health, safety and welfare of the residents of the city.
      (2)   Registration required. No person shall keep, maintain, or otherwise care for hens within the city without first registering with the city.
      (3)   Conditions. The keeping of hens is permitted, pursuant to a registration issued under this section, subject to the following conditions:
         (a)   In no case shall the number of hens on the property exceed six.
         (b)   Hens must be kept in a coop. An exception may be made for hens under four months in age to be temporarily kept in an accessory structure to facilitate the regulation of their temperature.
         (c)   Hens must be contained within the coop or run whenever unattended, but when attended by the owner, may be allowed in a yard completely fenced by a fence at least four feet in height. Hens must be confined to the owner's premises at all times, may not roam at large, and must be secured inside a coop from sunset to sunrise each day.
         (d)   One coop and run structure is permitted per property. The coop and run shall be located in the rear yard and shall be at least 15 feet from all property lines. The coop and run may not be located in the front yard. A portable coop and run is allowed, but must be identified on the required site plan and shall comply with the setback requirements of this provision.
         (e)   A coop shall provide a minimum of four square feet of floor space per hen. A coop shall not exceed 15 feet in height.
         (f)   The coop and run shall be constructed and maintained so as to be predator- and rodent-proof and must be maintained in good condition and working order.
         (g)   All grains and other hen food must be kept in rodent-proof container.
         (h)   All premises in which hens are kept or maintained shall be kept reasonably clean from filth, garbage, and any substances which attract rodents. A coop and its surroundings, including any run, must be cleaned frequently enough to control odor. Feces shall not be allowed to accumulate in a way that creates an unsanitary condition or causes odors detectible on another property.
         (i)   Keeping of hens shall be subject to humane care and nuisance regulations in §§ 95.24 and 95.26.
         (j)   Dead hens must be disposed of according to the Minnesota Board of Animal Health rules.
         (k)   Roosters are prohibited.
         (l)   Breeding is prohibited.
         (m)   Slaughtering on site is prohibited.
         (n)   Sale of eggs on site is prohibited.
      (4)   Registration process.
         (a)   An applicant shall complete a registration form provided by the city. The registration shall include a description the coop and run. The applicant must also provide a site plan depicting the property and showing the location, size and setbacks of the coop and run from all property lines.
         (b)   Applicants who are not the owner of record of the property where hens will be kept shall provide evidence of the property owner's consent to the keeping of hens on the property.
         (c)   An initial inspection of the coop, run, fence and property is required to verify compliance with this section and the site plan submitted with the registration prior to moving hens on to the property.
      (5)   Right of entry for inspection. City staff may enter and inspect any property for which a hen registration has been processed following notice to the property owner at any reasonable time for the purpose of ensuring compliance with this section. It shall be deemed a violation of this section for any person to resist, impede, or hinder city staff or their designee in the performance of their duties in inspecting any chicken-related materials.
      (6)   Violation and penalties. If a violation of the terms of this section or the registration is found, the city shall give written notice thereof to the registrant. If the violation is not remedied standard Code Enforcement procedures will occur and/or the registration may be revoked.
   (B)   Keeping of bees.
      (1)   Certain beekeeping permitted. It is the purpose and the intent of this section to permit the keeping of honeybees, subject to the regulations contained hereinafter. It is recognized that the ability to cultivate one's own food is a sustainable activity that can also be a rewarding pastime, and that honeybees can be maintained within populated areas without causing a nuisance if carefully managed. It is the purpose and intent of this section to permit the keeping of bees in such ways that is not a nuisance or detrimental to the public health, safety, or welfare.
      (2)   Registration required. No person shall keep, maintain, or otherwise care for bees within the city without first registering with the city.
      (3)   Conditions. The keeping of honeybees is permitted pursuant to a permit issued under this section, subject to the following conditions:
         (a)   No more than four colonies may be kept on any one property.
         (b)   Honeybee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. Each hive structure shall not exceed 20 cubic feet in volume.
         (c)   A convenient source of water shall be available within ten feet of the hives at all times that the colonies remain active outside of the hive. An adjacent lake or pond shall not constitute an acceptable convenient source of water.
         (d)   No wax comb or other material that might encourage robbing by other bees shall be left exposed outdoors. Such materials shall be stored in sealed insect-proof containers or placed within a building.
         (e)   Beekeeping equipment shall be maintained in good condition and unused beekeeping equipment shall be protected to prevent occupancy by swarming honeybees.
         (f)   Hives shall be continuously managed to provide adequate living space for their resident honeybees to control swarming.
         (g)   In any instance in which a colony exhibits unusually aggressive behavior or becomes diseased, it shall be the duty of the registrant to promptly take appropriate action to address the behavior.
         (h)   Hives must be located at least 15 feet from all property lines. Hives may not be located in a front yard.
         (i)   The front entrance of all colony hives must face into the registrant's property.
         (j)   A flyaway barrier shall shield any part of a property line that is within 20 feet from a hive. The flyaway barrier shall be six feet in height and shall consist of a wall, fence, dense vegetation or a combination thereof such that the bees will fly over, rather than through to reach the hive. If the adjoining property is undeveloped, with no trails of sidewalks located within 20 feet of the property line, a flyaway barrier is not required.
         (k)   Sale of honey on site is prohibited.
      (4)   Registration process.
         (a)   An applicant shall complete a registration form provided by the city. The application shall include a site plan depicting the property and show the location, size, and type of the hives.
         (b)   Applicants shall complete a beekeeping training course prior to registration approval. Proof of completion of the required training course shall be provided at the time of registration. The curriculum of the beekeeping course shall be similar to that of the beekeeping courses offered by the University of Minnesota, Century College, or the Three Rivers Park District.
         (c)   Applicants who are not the owner of record of the property where honeybees will be kept shall provide evidence of the property owner's consent to the beekeeping activity on the property.
         (d)   An initial inspection of the property, hive(s), water source, and flyaway barrier is required to verify compliance with this section and the site plan submitted with the registration prior to bringing bees on to the property.
      (5)   Right of entry for inspection. City staff may enter and inspect any property for which a beekeeping permit has been issued following notice to the property owner at any reasonable time for the purpose of ensuring compliance with this section.
      (6)   Violation and penalties. If a violation of the terms of this section or the registration is found, the city shall give written notice thereof to the registrant. If the violation is not remedied standard Code Enforcement procedures will occur and/or the registration may be revoked.
(Am. Ord. 712, passed 11-15-2011; Am. Ord. 791, passed 5-19-2020) Penalty, see § 10.99