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HomeMy WebLinkAbout2024 03-12 PC PACKETCITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org Planning Commission Meeting – March 12, 2024 Call to Order of Planning Commission Meeting By Chair Joshua Patrick at 7:____ p.m. Call of Roll Patrick Farrell Cummings Pratt Wippich Approve and Accept Agenda and Minutes • Accept the Agenda for the March 12, 2024 Planning Commission Meeting • Approve the Minutes from February 13, 2024 Planning Commission Meeting Public Hearings • None Old Business • Ordinance No. 45 Garbage and Refuse Discussion • Gem Lake Tree Policy Discussion • Beekeeping Discussion New Business • None Open Items for Commission Members to Bring Up Future Meetings • Next City Council Meeting, Tuesday, March 19, 2024 • Next Planning Commission Meeting, Tuesday, April 9, 2024 o Attendance Inquiry Adjournment – The meeting adjourned at _____ City of Gem Lake Planning Commission Meeting Minutes February 12, 2024 1 | Page City of Gem Lake Planning Commission Meeting – February 13, 2024 Meeting Minutes Planning Commission Chair Joshua Patrick called the meeting to order at 7:00 p.m. Commission Members Art Pratt, Don Cummings, and Stephanie Farrell were present. Not present was Derek Wippich. Also present: City Planner Evan Monson, Apprentice City Planner CJ Sycks, City Attorney Kevin Beck, and Acting City Clerk Melissa Lawrence. February 13, 2024 A motion was made by Commissioner Pratt to accept the agenda, seconded by Commissioner Farrell. Voice vote taken, all voted yes, motion passes, agenda accepted. Minutes A motion was made by Commissioner Pratt to approve the January 9, 2024, Planning Commission Meeting minutes with a slight amendment under Open Items for Commission Members to Bring Up by Commission Cummings, seconded by Commissioner Cummings. Voice vote taken, all voted yes, motion passes, minutes are approved. Public Hearings None Old Business Ordinance No. 45 Garbage and Refuse Discussion City Planner Evan Monson presented the Commission with a memo regarding the research he has been doing on the garbage and refuse ordinance. He suggested some minor changes and edits for the commission to review and discuss such as how early to set out containers for collection, hours for garbage pick-up, size limitations on containers and possibly including language for composting. Mr. Monson also shared that he discussed the possibility of Gem Lake joining White Bear Townships hauling agreement with the Town Board. The Town Board was open to the idea if the city was to adopt or update its ordinances to allow for licensed hauling. The commissioners may want to discuss whether to pursue the licensing idea further, and whether such service would be for residential only, or if non-residential establishments (multi-family, commercial, etc.) should be included as well. The commission should also review the draft of Ordinance No. 45. The Commission may recommend further changes or updates to the draft Ordinance, or may recommend it to the City Council for their review and approval. Discussion took place on Mr. Monson’s suggestions and a few minor edits were suggested. Mr. Monson will work on creating a final draft for the March 12, commission meeting for the commission to review and suggest for approval to the council. Gem Lake Tree Policy Discussion City Attorney Kevin Beck shared that he has begun to work on the FAQ page request, but wanted a bit more clarification on what the commission was looking for before he took a deep dive into it. The Commission is interested in creating an FAQ page for the website for private properties, and not so much changing the current tree policy that dictates what the city is responsible for. Mr. Beck will work on getting some FAQ topics for the commission to review at the March 12 commission meeting to review and suggest for approval to the council. New Business Beekeeping Discussion Apprentice City Planner CJ Sycks presented the Commission with a memo regarding the research she has been doing on the beekeeping information request. Gem Lake’s current ordinances have no mention of bees, which may imply beekeeping is permitted with no limit, unless considered a nuisance. It may also imply that beekeeping is prohibited, dependent on one’s interpretation of the absence. Ms. Sycks gave a basic overview of how other communities regulate bees and beekeeping. Before evaluating the specific City of Gem Lake Planning Commission Meeting Minutes February 12, 2024 2 | Page regulations and restrictions of a beekeeping ordinance, there are some questions to begin considering how permitting beekeeping may look. If the City wishes to allow beekeeping, there are different options the city can adopt. If the city knows they want to permit beekeeping, and have an idea for the permit/licensing process, the standards and requirements for beekeeping uses would then need to be considered. There are a number of items to consider with beekeeping. Initially, the commissioners should determine if this is a use that should be permitted within the city. If yes, then the focus should lead into the permitting process and what standards or requirements would apply. If no, the commissioners should discuss next steps to prohibit them within the city. After some discussion of the information presented and how the commission would like to pursue this topic, the commission is in favor of adding a section to the current agricultural animal ordinance No. 142 and requests the Ms. Sycks create a draft section for further discussion. Ms. Sycks will work on getting a draft section for the commission to review at the March 12 commission meeting to begin review and make additional suggestions. Open Items for Commission Members to Bring Up None Future Meetings City Council Meeting, Tuesday, February 20, 2024 at Heritage Hall, and Planning Commission Meeting, Tuesday, March 12, 2024 at Heritage Hall. Attendance Inquiry Commissioner Chair Patrick surveyed the Commission to see if any of the members would have any issues attending the March 12, 2024 meeting. At this time Commission Farrell is the only one with conflicts and will not be in attendance. Adjournment Being there no further business, following a motion from Commissioner Pratt, seconded by Commissioner Farrell, the meeting adjourned at 8:08 p.m. Respectfully submitted, Melissa Lawrence Memorandum To: Gem Lake Planning Commission Project Reference: Ordinance No. 45 Garbage and Copies To: Melissa Lawrence, City Clerk Refuse Update Kevin Beck, City Attorney TKDA Project No.: 20459.000 From: Evan Monson, Planner Client No.: Date: February 29, 2024 SUBJECT: Garbage and Refuse Ordinance #45 MEETING DATE: March 12, 2024 ITEMS REVIEWED: Draft Ordinance – redlined and clean version BACKGROUND Over the last few meetings, the Planning Commission has discussed updates to the garbage and refuse ordinance (ordinance 45). The commissioners reviewed different examples of garbage ordinances for nearby communities, and reviewed results of a survey that was sent out by city staff last fall to residents on their garbage hauling service. Included with this memo is a redlined draft ordinance for review by the commissioners , with changes proposed to address comments and suggestions made at previous meetings. Also included is a ‘clean’ draft of the proposed ordinance. OVERVIEW OF DRAFT ORDINANCE The draft ordinance includes mostly minor changes and edits to the original text from 1983. A summary of the changes include: • Definitions o Text was reviewed to address grammar, spelling, and punctuation, and reformatted to be consistent with formatting of other recently adopted ordinances. • Text throughout the document was reviewed to remove redundancies, and to correct or update references to other ordinances and statutes. • Size limitations for containers was increased from 32 gallons to 96 gallons. • Sections regarding Multiple Dwelling Residences and Commercial Establishments were reformatted. • Hours for hauling were revised to be consistent with neighboring communities. • A section regarding ‘severability and savings was added, as is common/standard practice for ordinances. Ordinance 45 – Garbage & Refuse Gem Lake Planning Commission March 12, 2024 Page 2 OPTIONS The Planning Commission can recommend the ordinance to the City Council for consideration and adoption or can continue to review and study the issue further. RECOMMENDATION Staff recommends the Planning Commission recommend the draft ordinance to the City Council for approval at an upcoming meeting. ORDINANCE NO. 45 CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA AN ORDINANCE REGULATING THE DISPOSAL OF GARBAGE, RUBBISH, AND OTHER REFUSE, AND PROVIDING PENALTIES FOR VIOLATION THEREOF THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: Section 1. Purpose. It is the purpose of this ordinance to regulate the disposal of garbage, rubbish, and other refuse in the City of Gem Lake so as to control rats and other vermin and otherwise protect the health of the inhabitants and property located in the City. Section 2. Definitions. For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 2(A). Commercial Establishment - . shall mean any Any premises where a commercial or industrial enterprise of any kind is carried on, . and shall includeThis would include but is not limited to: hotels and boarding houses, clubs, churches, and establishments of nonprofit organizations where food is prepared or served or goods are sold. 2(B). Garbage. shall mean - animal Animal and vegetable wastes resulting from the handling, preparation, cooking, service and consumption of food, and shall also include all other animal wastes, but shall not include refuse or hazardous waste.. 2(C). Hazardous Waste shall mean- hHazardous waste as defined in Minnesota Statutes, Section 116.06, subdivision 13. 2(D). Incinerator. shall mean - aAny device sued used for the destruction of refuse, rubbish, or waste materials by fire. 2(E). Multiple Dwelling Residence - A property containing more than four (4) dwellings, with individual kitchen facilities for each. 2(F). Open burningBurning. Means - tThe burning of any matter whereby the resultant combustion products are emitted directly to the atmosphere without passing through an adequate stack, duct, or chimney. 2(G). Refuse. shall include - aAll wastes which normally result from the operation of a household, (except body wastes), including but not limited to: Garbage,except body wastes and garbage, including, but not limited to, rubbish, tin cans, paper, cardboard, glass jars, bottles, wood, grass clippings, Christmas trees, ashes, sod, dirt, tires, rocks, household construction material, cement bricks, trees, leaves, hedge or tree trimmings, burning barrels and mesh backyard burners, household appliances and furniture, or any other household refuse or materials small enough for one man to handle. The term "refuse"This term shall not include hazardous waste, construction material or other waste or debris resulting from construction or reconstruction of buildings and other improvements by contractors, or trees in excess ofgreater than six (6) inches in diameter. 2(H). Residential Dwelling Unit. shall mean - any single buildingA property consisting of four (4) or less separate dwelling placess, with individual kitchen facilities for each. Any building containing more than four (4) dwelling places, with individual kitchen facilities, shall be deemed "multiple dwelling residences." Section 3. Disposal of Garbage and Refuse. Every tenant, lessee, owner, or occupant of every private dwelling, house, multiple residence, store, motel, restaurantResidential Dwelling Unit, Multiple Dwelling Residence, Commercial Establishment, and every other type of property in the city which accumulates garbage or refuse or bothand/or refuse on such premises shall dispose of such garbage and refuse as provided in this sectionOrdinance. Garbage and refuse shall be disposed of at least once each week from residential dwelling unit properties. Garbage and refuse in outside storage at any commercial establishment shall be disposed of at least once each week and as often as once each day if necessary to protect the public health. No person shall accumulate or permit to accumulate any refuse on any property in the city which might constitute a nuisance by reason of appearance, odor, sanitation, possible littering of neighboring properties, littering of the property on which the refuse is accumulated, attracting rats or other vermin, or a fire hazardas defined in Ordinance 86. Section 4. Collection, Supervision, and Control. The City Council shall have the authority to make regulations concerning the days of collection, type and location of waste containers, and such other matters pertaining to the collection, conveyance, and disposal as they shall find necessary, and to change and modify the same. Any person aggrieved by a regulation of the City Council shall have the right of appeal to the City Council which shall have the authority to confirm, modify, or revoke any such regulation. Section 5. Pre-Collection Practices. Grass clippings, leaves, and other similar refuse shall be placed in bags or bundles not exceeding three (3) feet in any dimension and securely fastened to avoid spillage. Household appliances and furniture falling within the definition of refuse need not be so packaged. All refuse deposited for pickup shall be placed next to the property line, unless the commercial private garbage and refuse collector agrees to pick up such refuse from some other location on the premises. Refuse shall be deposited at one place, at ground level, on each property. Refuse and garbage shall not be deposited on the traveled roadway on any street or alley. Refuse and garbage shall not be deposited next to streets or alleys for collection prior to 3:00 p.m. on the day preceding the day of collection and containers and any garbage or refuse which is not picked up shall be removed from any such location on the day of collection. Section 6. Preparation of Garbage and Refuse. Except as otherwise provided in Section 4, all garbage and refuse as accumulated on any premises shall be shall be wrapped or bagged, and placed and maintained in containers and shall have drained from it all free liquids before being deposited for collection and shall be wrapped or bagged. Section 7. Contagious Disease Refuse. Refuse such as, but not limited to, bedding, wearing apparel, or utensils from residential dwelling units or other units where highly infectious or contagious diseases are present shall not be deposited for regular collection but shall be disposed of as directed by the health officerCode Enforcement Officer, or his their deputydesignee, at the expense of the owner or possessor thereof. Commented [EM1]: Moved to 2(E) Commented [EM2]: PC should discuss if this is an appropriate time or not Commented [EM3R2]: Feb PC Meeting - PC confirmed this was OK Section 8. Hazardous Waste; Hazardous Waste Regulations. All hazardous waste, including but not limited to, explosive and highly flammable material, shall be disposed of in accordance with applicable laws and regulations of the United States of America and the State of MinnesotaFederal, State, and County regulations, including regulations and permit requirements established by the Minnesota Pollution Control Agency and the Minnesota Waste Management Board. Section 9. Duty to Provide and Maintain Containers in Sanitary Condition. Garbage and refuse containers shall be provided by the owner, tenant, lessee, occupant of the premises, or garbage and refuse collector, located in such a manner so as toto prevent them from being overturned. Such containers shall be kept in a clean and sanitary condition and kept free from any substance which will attract or breed flies, mosquitoes, or other insects. No garbage or refuse container shall exceed thirtyninety-two six (3296) gallons in capacity or have ragged or sharp edges and any other defect liable to hamper or injure the person collecting the contents thereof. Containers not complying with the requirements of this ordinance shall be promptly replaced upon notice. Garbage containers shall be made of metal, or other suitable material, which is rodent, fire, and waterproof and which will not easily corrode and is equipped with suitable handles and tightfitting covers and shall be kept tightly covered when there is garbage therein. Refuse containers shall be of a kind suitable for collection purposes, andpurposes and shall be of such size and weight that they can be handled by one man, and kept tightly covered when there is refuse therein. Section 10. Residential Dwelling Units. Garbage and refuse shall be disposed of at least once each week from residential Residential dDwelling uUnit properties. Section 1011 . Multiple Dwelling Residences and Commercial Establishments. Multiple dDwelling Rresidences and Commercial Establishments shall either be equipped with refuse containers and refuse pickup service as provided in this paragraph 10 orOrdinance, or be equipped with a commercial incineratoran incinerator complying with the requirements of the Minnesota Pollution Control Agency (MPCA). 11 (A). Containers. Refuse containers provided as an alternative to or in addition to such incineration shall be at least one (1) cubic yard in capacity, shall be conveniently located in relationship to the residence tenantsunits for which they are provided for, shall be water-tight and rodent-proof with self- closing lids, and shall be kept in an enclosing structure concealing them from public viewin accordance with the requirements of Ordinance 131. Such structure shall have a raised concrete floor and shall be surrounded by a concrete barrier curb. Such structure shall be kept in a state of good repair at all times. The refuse containers shall be located so that their contents are inaccessible to at least three (3) feet above the base of the enclosing structure. The owner or operator of such multiple dwelling residence shall provide for garbage pickup from such containers each day. Refuse, debris, garbage, and other waste materials shall not be permitted to be accumulated in or near the enclosing structures (exceptunless within in the containers). Such structure shall be kept in a state of good repair at all timesalways kept in a state of good repair. There shall be daily cleanup in and around each such enclosing structure. Section 11. Commercial Establishments. The owner or occupant of any commercial establishment or any other property which provides a volume of garbage or refuse or both, which requires garbage and refuse pickup more frequently than once a week, shall also comply with the provisions of the foregoing Section 10. Section 12. Disposition by Burning; Air Pollution Control Regulations. No person shall dispose of garbage or refuse by burning, except in accordance with applicable state law and regulations, including the conditions of any open burning permit obtained for such purpose. The regulations of the Minnesota Commented [EM4]: PC noted in Feb to permit largest size possible Commented [EM5]: If City wishes to pursue contracted hauling for residents, could insert language here in future Commented [EM6]: #131, section 18 covers screening Pollution Control AgencyMPCA, which have been adopted and incorporated by reference by City Ordinance No. 44 77 require that a permit be secured for open Open burningBurning. Section 13. Vehicles for Hauling Garbage and Refuse. All persons hauling or conveying garbage or refuse over the streets in the city shall use a vehicle provided with a tight cover and so operated and maintained as to prevent offensive odors escaping therefrom and garbage or refuse from being blown, droppeddropped, or spilled from the vehicle. Any such vehicles shall be kept clean and as free from offensive odors as possible, and, if customarily used for the hauling of garbage or refuse, shall not be allowed to stand in any street, alley, or other place longer than is reasonably necessarynecessary to collect garbage and refuse. Any vehicle customarily used for such purposes shall be kept in a clean and sanitary condition and shall be thoroughly disinfected at least once each week unless the same has not been used since the last disinfection thereof. 13(A). Inspection. Each vehicle engaged in hauling garbage or refuse in the city shall be subject to inspection by the city at all reasonable times. Any such vehicle, while it is used in the city, shall have the name of the owner clearly printed on both sides. Section 14. Hours for Hauling Garbage and Refuse. No person engaged in hauling refuse or garbage for hire within the city shall do so after eight thirty o'clock10:00 p.m. or before six thirty o'clock6:00 a.m. on any day. There shall be no garbage or refuse pickup from residential Residential dDwelling uUnits on Sunday. Section 15. Inspection. Each vehicle engaged in hauling garbage or refuse in the city shall be subject to inspection by the city at all reasonable times. Any such vehicle, while it is used in the city, shall have the name of the owner clearly printed on both sides. Section 1615. Obligation of Commercial Collectors. A commercial garbage and refuse collector shall pick up any garbage andgarbage and refuse of their customers which has been deposited for collection, in the manner provided by this ordinance. Section 1716. Disposal of Garbage and Refuse; Solid Waste Disposal Regulations. No person shall dispose of garbage or refuse upon any property in the city except at a sanitary landfill site, resource recovery facility or other mixed solid waste disposal facility, approved in accordance with applicable law, including Minnesota Statutes Sections 473.801 to 473.834, and the rules and regulations of the Minnesota Pollution Control Agency. Pursuant to Minnesota Statutes Section 471.62, the Solid Waste Disposal Regulations, of the Minnesota Pollution Control Agency are hereby adopted by reference. Section 1817. Storage of Garbage and Refuse Containers. Garbage cans and other garbage and refuse containers shall be so located as to be out of the public view, insofar as possible, except on the day of pick up. Containers and any garbage or refuse which is not picked-up shall be removed from any such collection location no later than 10:00 p.m. on the day of collection. Section 1918. Penalties. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $700 for each violation or both. Section 19. Severability and Savings. If any section or portion of this ordinance is found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as invalidation or affect the validity and enforceability of any other section or provision of this ordinance. Commented [EM7]: Moved section 15 to here Commented [EM8]: Allowing pickup between 6AM - 10PM is common among peer/nearby cities Commented [EM9R8]: Feb PC meeting - PC agreed to move to the timeframe above Commented [EM10]: Have Attorney verify these are correct Commented [EM11]: Moved from Section 5 to here. Commented [EM12]: Current ordinance just states 'remove on collection day' Commented [EM13]: PC or CC may want to discuss this amount Section 20. Effective Date and Term. This ordinance shall become effective on the first day of publication after adoption. This Ordinance No. 45 was enacted and placed in full force and effect on 15 August 1983 by a unanimous vote ofby the Gem Lake City Council. Dated: Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk Updated: August 15, 1983 – Ordinance adopted. ORDINANCE NO. 45 CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA AN ORDINANCE REGULATING THE DISPOSAL OF GARBAGE, RUBBISH, AND OTHER REFUSE, ANDPROVIDING PENALTIES FOR VIOLATION THEREOF THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: Section 1. Purpose. It is the purpose of this ordinance to regulate the disposal of garbage, rubbish, and other refuse in the City of Gem Lake to control rats and other vermin and otherwise protect the health of the inhabitants and property located in the City. Section 2. Definitions. For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 2(A). Commercial Establishment - Any premises where a commercial or industrial enterprise of any kind is carried on. This would include but is not limited to: hotels and boarding houses, clubs, churches, and establishments of nonprofit organizations where food is prepared or served, or goods are sold. 2(B). Garbage - Animal and vegetable wastes resulting from the handling, preparation, cooking, service and consumption of food, and shall also include all other animal wastes. 2(C). Hazardous Waste - Hazardous waste as defined in Minnesota Statutes, Section 116.06, subdivision 13. 2(D). Incinerator - Any device used for the destruction of refuse, rubbish, or waste materials by fire. 2(E). Multiple Dwelling Residence - A property containing more than four (4) dwellings, with individual kitchen facilities for each. 2(F). Open Burning - The burning of any matter whereby the resultant combustion products are emitted directly to the atmosphere without passing through an adequate stack, duct, or chimney. 2(G). Refuse - All wastes which normally result from the operation of a household (except body wastes), including but not limited to: Garbage, rubbish, tin cans, paper, cardboard, glass jars, bottles, wood, grass clippings, Christmas trees, ashes, sod, dirt, tires, rocks, household construction material, cement bricks, trees, leaves, hedge or tree trimmings, burning barrels and mesh backyard burners, household appliances and furniture, or any other household refuse or materials small enough for one man to handle. This term shall not include hazardous waste, construction material or other waste or debris resulting from construction or reconstruction of buildings and other improvements by contractors, or trees greater than six (6) inches in diameter. 2(H). Residential Dwelling Unit - A property consisting of four (4) or less separate dwellings, with individual kitchen facilities for each. Section 3. Disposal of Garbage and Refuse. Every tenant, lessee, owner, or occupant of every Residential Dwelling Unit, Multiple Dwelling Residence, Commercial Establishment, and every other type of property in the city which accumulates garbage and/or refuse on such premises shall dispose of such garbage and refuse as provided in this Ordinance. No person shall accumulate or permit to accumulate any refuse on any property in the city which might constitute a nuisance as defined in Ordinance 86. Section 4. Collection, Supervision, and Control. The City Council shall have the authority to make regulations concerning the days of collection, type and location of waste containers, and such other matters pertaining to the collection, conveyance, and disposal as they shall find necessary, and to change and modify the same. Any person aggrieved by a regulation of the City Council shall have the right of appeal to the City Council which shall have the authority to confirm, modify, or revoke any such regulation. Section 5. Pre-Collection Practices. Grass clippings, leaves, and other similar refuse shall be placed in bags or bundles not exceeding three (3) feet in any dimension and securely fastened to avoid spillage. Household appliances and furniture falling within the definition of refuse need not be so packaged. All refuse deposited for pickup shall be placed next to the property line, unless the commercial private garbage and refuse collector agrees to pick up such refuse from some other location on the premises. Refuse shall be deposited at one place, at ground level, on each property. Refuse and garbage shall not be deposited on the traveled roadway on any street or alley. Refuse and garbage shall not be deposited next to streets or alleys for collection prior to 3:00 p.m. on the day preceding the day of collection. Section 6. Preparation of Garbage and Refuse. Except as otherwise provided in Section 4, all garbage and refuse as accumulated on any premises shall be wrapped or bagged, and placed and maintained in containers and shall have drained from it all free liquids before being deposited for collection. Section 7. Contagious Disease Refuse. Refuse such as, but not limited to, bedding, wearing apparel, or utensils where highly infectious or contagious diseases are present shall not be deposited for regular collection but shall be disposed of as directed by the Code Enforcement Officer, or their designee, at the expense of the owner or possessor thereof. Section 8. Hazardous Waste; Hazardous Waste Regulations. All hazardous waste, including but not limited to, explosive and highly flammable material, shall be disposed of in accordance with applicable Federal, State, and County regulations, including regulations and permit requirements established by the Minnesota Pollution Control Agency and the Minnesota Waste Management Board. Section 9. Duty to Provide and Maintain Containers in Sanitary Condition. Garbage and refuse containers shall be provided by the owner, tenant, lessee, occupant of the premises, or garbage and refuse collector, located in such a manner to prevent them from being overturned. Such containers shall be kept in a clean and sanitary condition and kept free from any substance which will attract or breed flies, mosquitoes, or other insects. No garbage or refuse container shall exceed ninety-six (96) gallons in capacity or have ragged or sharp edges and any other defect liable to hamper or injure the person collecting the contents thereof. Containers not complying with the requirements of this ordinance shall be promptly replaced upon notice. Garbage containers shall be made of metal, or other suitable material, which is rodent, fire, and waterproof and which will not easily corrode and is equipped with suitable handles and tightfitting covers and shall be kept tightly covered when there is garbage therein. Refuse containers shall be of a kind suitable for collection purposes and shall be of such size and weight that they can be handled by one man, and kept tightly covered when there is refuse therein. Section 10. Residential Dwelling Units. Garbage and refuse shall be disposed of at least once each week from Residential Dwelling Unit properties. Section 11 . Multiple Dwelling Residences and Commercial Establishments. Multiple Dwelling Residences and Commercial Establishments shall either be equipped with refuse containers and refuse pickup service as provided in this Ordinance, or be equipped with an incinerator complying with the requirements of the Minnesota Pollution Control Agency (MPCA). 11 (A). Containers. Refuse containers provided as an alternative to or in addition to such incineration shall be at least one (1) cubic yard in capacity, shall be conveniently located in relationship to the tenants for which they are provided for, shall be water-tight and rodent-proof with self-closing lids, and shall be kept in an enclosing structure in accordance with the requirements of Ordinance 131. Such structure shall have a raised concrete floor and shall be surrounded by a concrete barrier curb. The refuse containers shall be located so that their contents are inaccessible to at least three (3) feet above the base of the enclosing structure. Refuse, debris, garbage, and other waste materials shall not be permitted to be accumulated in or near the enclosing structures unless within in the containers. Such structure shall be always kept in a state of good repair. Section 12. Disposition by Burning; Air Pollution Control Regulations. No person shall dispose of garbage or refuse by burning, except in accordance with applicable state law and regulations, including the conditions of any open burning permit obtained for such purpose. The regulations of the MPCA, which have been adopted and incorporated by reference by City Ordinance No. 77 require that a permit be secured for Open Burning. Section 13. Vehicles for Hauling Garbage and Refuse. All persons hauling or conveying garbage or refuse over the streets in the city shall use a vehicle provided with a tight cover and so operated and maintained as to prevent offensive odors escaping therefrom and garbage or refuse from being blown, dropped, or spilled from the vehicle. Any such vehicles shall be kept clean and as free from offensive odors as possible, and, if customarily used for the hauling of garbage or refuse, shall not be allowed to stand in any street, alley, or other place longer than is necessary to collect garbage and refuse. Any vehicle customarily used for such purposes shall be kept in a clean and sanitary condition and shall be thoroughly disinfected at least once each week unless the same has not been used since the last disinfection thereof. 13(A). Inspection. Each vehicle engaged in hauling garbage or refuse in the city shall be subject to inspection by the city at all reasonable times. Any such vehicle, while it is used in the city, shall have the name of the owner clearly printed on both sides. Section 14. Hours for Hauling Garbage and Refuse. No person engaged in hauling refuse or garbage for hire within the city shall do so after 10:00p.m. or before 6:00 a.m. on any day. There shall be no garbage or refuse pickup from Residential Dwelling Units on Sunday. Section 15. Obligation of Commercial Collectors. A commercial garbage and refuse collector shall pick up any garbage and refuse of their customers which has been deposited for collection, in the manner provided by this ordinance. Section 16. Disposal of Garbage and Refuse; Solid Waste Disposal Regulations. No person shall dispose of garbage or refuse upon any property in the city except at a sanitary landfill site, resource recovery facility or other mixed solid waste disposal facility, approved in accordance with applicable law, including Minnesota Statutes Sections 473.801 to 473.834, and the rules and regulations of the Minnesota Commented [EM1]: If City wishes to pursue contracted hauling for residents, could insert language here in future Pollution Control Agency. Pursuant to Minnesota Statutes Section 471.62, the Solid Waste Disposal Regulations, of the Minnesota Pollution Control Agency are hereby adopted by reference. Section 17. Storage of Garbage and Refuse Containers. Garbage and refuse containers shall be so located as to be out of the public view, insofar as possible, except on the day of pick up. Containers and any garbage or refuse which is not picked-up shall be removed from any such collection location no later than 10:00 p.m. on the day of collection. Section 18. Penalties. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $700 for each violation or both. Section 19. Severability and Savings. If any section or portion of this ordinance is found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as invalidation or affect the validity and enforceability of any other section or provision of this ordinance. Section 20. Effective Date and Term. This ordinance shall become effective on the first day of publication after adoption. This Ordinance was enacted and placed in full force and effect by the Gem Lake City Council. Dated: Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk Updated: August 15, 1983 – Ordinance adopted. Memorandum To: Gem Lake Planning Commission Project Reference: Beekeeping Ordinance Copies To: Melissa Lawrence, City Clerk Kevin Beck, City Attorney TKDA Project No.: 20459.000 From: Client No.: Evan Monson, Planner Date: March 4, 2024 SUBJECT: Proposed changes to Ordinance No. 142, incorporating beekeeping MEETING DATE: March 12, 2024 ITEMS REVIEWED: Notes from the February 13th Gem Lake Planning Commission meeting, Gem Lake Ordinance No. 142 - Agricultural and Wild Animals BACKGROUND At the February 13th Planning Commission meeting, commissioners reviewed beekeeping ordinances from cities and townships in the greater metropolitan area. Staff led a discussion around allowing beekeeping in the City, and what to include in Gem Lake’s Ordinances if allowing it. Commissioners decided to move forward with permitting beekeeping in the City, with restrictions based on acreage. Other regulations such as setbacks, water sources, sales, and more were discussed. The commissioner’s suggestions from that meeting are ref lected in the draft ordinance. Beekeeping regulations are proposed to be kept in Ordinance No. 142, which currently regulates the keeping of agricultural and wild animals. The Minnesota Hobby Beekeepers Association has prepared a model ordinance for beekeeping. The proposed additions are derived from this model ordinance, as well as the beekeeping ordinances adopted by St. Paul Park, Shakopee, and White Bear Lake. OVERVIEW OF THE DRAFT ORIDNANCE Gem Lake’s current ordinances do not mention bees. The proposed additions and changes to Ordinance No. 142 are as follows: 1. Beekeeping and related terms are defined in Section 2.4.2 2. Beekeeping Operations are within the new Section 4 3. Section 4.1 includes Permitted Operations: Location Requirements, Colony Density, Standards of Practice 4. Section 4.2 includes Permitting and Inspection: Permit Required, Review/Revocation/Appeal, Duration of Permit and Fee, and Right of Entry for Inspection a. The proposed ordinance requires a yearly application be filed. The application must include a site plan of the lot showing the location of the hives, a signed agreement that the property may be inspected for compliance, a certificate of completion from a b eekeeping training course, and a mailing list of neighbors within 350 feet of the apiary lot. b. The permit may be granted or denied. It may also be revoked if found not compliant with this Ordinance or if the beekeeper is threatening health, safety, and welfare of the public. c. The fee for a permit would be set in the City’s Fee Schedule. d. Right of entry is granted to the Animal Control Officer to inspect any apiary at any reasonable time with the purpose of verifying compliance. 5. Each subsequent section is updated with its new section number: 5 – 11. Ordinance 45 – Garbage & Refuse Gem Lake Planning Commission March 12, 2024 Page 2 ITEMS TO CONSIDER FURTHER Section 2.4.2 – Definitions • (ii) Commissioners should consider the definition of Apiary Products and how it relates to Home Occupations. Ordinance No. 134, regarding Home Occupations, currently requires a resident have a home occupation permit for any sale requiring customers to come to the property. o What products and materials would the commissioners consider acceptable to be sold via a home occupation? o What materials should not be included in this definition? • (x) Review the definition of Undeveloped Property. o What thoughts do the commissioners have, for example, on permitting or prohibiting temporary sales of apiary products raised on an undeveloped property in the Gateway Zone? Section 4.1.3 - Standards of Practice • (v) Review the proposed standard for allowing nucleus colonies and refer to the definition 2.4.2 (ix) o Does the commission understand the practice of keeping nucleus colonies in tandem with the main colonies? Section 4.2.4 – Right of Entry for Inspections. • Ordinance 142 currently states, in Section 4.2.1 that “…this Ordinance shall be enforced by the Animal Control Officer and other such persons or agency as may, from time to time, be appointed by the City Council” in the Enforcement, Record, and Penalties section. NEXT STEPS The Planning Commission should review draft Ordinance No. 142. Any further changes should be recommended to staff. If there are no edits, a recommendation may be made to the City Council for their review. Attachments: 1. Ordinance No. 142 Agricultural Wild Animals-Redlined-Draft.pdf Ordinance No. 142 Agricultural and Wild Animals Page 1 of 8 City of Gem Lake, Ramsey County, Minnesota Agricultural and Wild Animals Ordinance No. 142 AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 69, REGULATING THE KEEPING OF DOMESTIC ANIMALS WITHIN THE CITY OF GEM LAKE The City Council of the City of Gem Lake hereby ordains the Ordinance No. 69 shall be repealed and replaced with the following: Section 1. Purpose and Intent. The purpose and intent of this Ordinance is to protect and promote the health, safety and general welfare of the people of Gem Lake and adjacent communities as well as the health and general welfare of all animals owned, possessed or harbored within the City. This Ordinance regulates the number and type of agricultural and wild animals, which may be kept, and the manner in which they shall be kept. Section 2. Interpretation, Construction, Scope and Definition. 1. Interpretation. In the interpretation and application of this Ordinance, its provisions shall be held to be minimum requirements and shall not be construed so as to fully effect its purpose and shall not be deemed a limitation or repeal of any other power established by law or Ordinance except as specifically provided herein. In the event that conflicting requirements are imposed by this Ordinance or by other Ordinances of the City of Gem Lake, the more restrictive provisions shall apply. 2. Construction. Words used in the present tense include the past and future tense; the singular includes the plural; and the plural includes the singular. The word “shall” is mandatory and the word “may” is permissive. The masculine gender includes the feminine. 3. Scope. This Ordinance shall govern and apply to all animals owned, kept, or found within the City of Gem Lake. 4. Definitions. 1. Agricultural Animal. Any common farm animal including but not limited to any horse, mule, donkey, cow, goat, sheep, pig, emu, llama, or any other animal typically confined on a farm and the like, except for domestic fowl. 2. Beekeeping. The maintenance and breeding of honey bee colonies; also referred to as apiculture. i. Apiary. The assembly of one or more colonies of bees at a single location. ii. Apiary Products. Any bees, honey, beeswax, bee comb, hives, frames, and other equipment, appliances, and material used in connection with an apiary. iii. Beekeeper. A person who owns or has charge of one or more colonies of honey bees. iv. Beekeeping Equipment. Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom board, and extractors. v. Colony. An aggregate of honey bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, comb, and honey. vi. Hive. The receptacle inhabited by a colony that is manufactured for that purpose. Ordinance No. 142 Agricultural and Wild Animals Page 2 of 8 vii. Honey bee. All life stages and castes of the common domestic honey bee, apis mellifera species. viii. Lot. A contiguous parcel of land under common ownership. ix. Nucleus Colony. A small quantity of bees with a queen housed in a smaller than usual hive box, primarily used to produce new queens or workers for the purpose of starting a new colony or adding to an existing colony. i.x. Undeveloped Property. A lot or parcel of land upon which no structure or improvements exist. xi. Swarm. A group of bees, usually calm, with a queen that have left a hive to find a new home. 2.3. Commercial Stable. Any confinement or structure designed to contain and house more than three (3) horses or two (2) agricultural animals as described in Section 3 of this Ordinance which is owned by a person, group of persons, corporation or other legal entity who own and/or harbor said animals in the City of Gem Lake for other than personal use. This type of stable relates to a land use matter covered by the Zoning or Land Use Ordinance. It is defined and may only be operated within the Special or Interim Use regulations of the Zoning or Land Use Ordinance of the City of Gem Lake. 3.4. Exotic or Wild Animal. Any mammal, amphibian, reptile or bird which is of a species not usually domesticated or of a species which, due to size, wild nature or other characteristics, is dangerous to humans or would ordinarily be confined in a zoo or found in the wild. The term includes animals and birds, the keeping of which is licensed by the State or Federal Government, such as wolves, bears, large cats, raptors, game birds and waterfowl. The term also includes the following by way of example but not of limitation: i. Any large cat of the family Felidae, such as lions, tigers, jaguars, cougars, leopards, bobcats, lynxes and ocelots or any cross-breed thereof, except commonly accepted domesticated house cats. ii. Any member of the family Canidae such as wolves, coyotes, foxes, dingoes, and jackals, except domesticated dogs. iii. Any crossbreed between wild or wild and domestic animals such as crossbreeds between dogs and coyotes, dogs or wolves, house cats and bobcats, etc. iv. Any snake that is a member of the pit viper or bloedae family, including but not limited to, copperheads, water moccasins, rattlesnakes, fer-de-lances, bushmasters, asps, cobras, mambas, kraits, coral snakes, sea snakes, South American anacondas, Asian reticulated pythons, boa constrictors, tree boas and sand boas. v. vi.v. Any other snake or reptile which by its size, vicious nature or other characteristic is dangerous to human beings. vii.vi. Any skunk, raccoon, badger, weasel, wild ferret, mink, badger, woodchuck, or fox and the like whether captured in the wild, domestically raised, de-scented or not de-scented, vaccinated against rabies or not vaccinated against rabies. Ordinance No. 142 Agricultural and Wild Animals Page 3 of 8 viii.vii. Any bear or deer, elk, antelope, caribou, bison, buffalo, water buffalo, wild horse, wild boar and the like. ix.viii. Any member of the monkey family including but not limited to any ape, gorilla, monkey, orangutan, lemur, baboon and the like. x.ix. Any raptors including any eagle, falcon, hawk, owl and the like. xi.x. Any migratory waterfowl or game bird including any duck, goose, pheasant, partridge, grouse, wild turkey and the like. xii.xi. Any other animal, reptile or bird which is commonly considered wild and not domesticated, prohibited by Federal or Minnesota law, or typically confined in a zoo. 4.5. Pasture. An area or portion of a single parcel of real property upon which agricultural animals are allowed to range and graze and which is suitably fenced to contain such animals. 5.6. Personal Stable. Any confinement or structure designed to contain and house up to three (3) horses which is located on and maintained by the occupant of lands in residential districts for personal use only. 6.7. Restraint. An animal shall be considered under restraint if: i. In the case of horses, it is controlled by a competent rider; or, a competent person using bridle or other suitable harness device attached to a leash suitable for the animals’ size; or, confinement with a suitably fenced area within the boundaries of the owners’ or harborers’ premises. ii. In the case of all other animals, it is contained within a suitable cage, fenced area, or other structure that prevents the animals’ release without direct control of the owner or harborer. Section 3. Animal Control 1. Certain Animals Regulated. It shall be unlawful to keep or harbor in the City any of the following animals or animals of allied genera without first obtaining a written Conditional Use Permit or Interim Use Permit from the City of Gem Lake: 1. Agricultural animals including, but not limited to: horse, mule, donkey, cow, goat, sheep, pig, emu, llama, or any other animal typically confined on a farm and the like, except for domestic fowl; and other animals not otherwise permitted by this Ordinance which may be classified as agricultural animals. 2. Wild or Exotic animals, provided however that such Conditional Use permits shall be for a period not to exceed ten (10) days and shall be limited to entities that are properly licensed to harbor, transport and display such animals for entertainment, exhibition or other such show purposes and who can demonstrate appropriate containment procedures. 3. Animals of all types to be harbored and otherwise used within any bona fide research or veterinary facility provided applicable zoning requirements are met. Ordinance No. 142 Agricultural and Wild Animals Page 4 of 8 4. Permits for these regulated animals are available from the City Clerk at a fee as set by the City Council. 2. Certain Animals Prohibited. It shall be unlawful to own or harbor any of the following animals or animals of allied genera in the City, including, but not limited to: 1. Any wild or exotic animal or any animal of a predatory nature not typically recognized as a domestic animal, the keeping of which in captivity is prohibited by any State, Federal, or other local Ordinance, law or regulation. 3. Housing and Keeping of Animals. It shall be unlawful for any owners and harborer of animals to fail to provide and maintain suitable shelter and care for the animals as prescribed herein: 1. Shelter. Shelter for the keeping of animals shall include a moisture and wind proof structure of suitable size and construction to: accommodate the animal and appropriate bedding materials; and, protect against cold and to allow and promote retention of body heat; and, protect against moisture and dampness; and, provide shade from direct sunlight during the months from May through September. 2. Maintenance of Shelter. All shelters and other areas used by the animal shall be properly maintained in such a manner that the shelter and other areas do not pose a sanitation or other health problem or nuisance to the occupants of the premises, adjacent property owners, or the community. All animal waste shall be properly contained and disposed of on a regular basis and, where and when necessary, appropriate measures shall be taken to insure sanitation of the areas. 3. Care of Animals. All animals shall be properly cared for including, but not limited to, regular feeding of appropriate food for the animal and regular medical care by a licensed doctor of veterinary medicine. Section 4. Beekeeping Operations 1. Permitted Operations. 1. Location Requirements. Beekeeping is permitted in all zoning districts in accordance with this Ordinance. i. Hives are only permitted in rear yards. 1. For undeveloped property, hives are permitted in any location on said property, provided all other conditions of this Ordinance are met, including setbacks as stated in this section. ii. Hive(s) must be set back at least 25 feet from any property line and at least 100 feet from any neighboring principle structure. 2. Colony Density. The following numbers of colonies are permitted on lots within the City, based upon the size of the lot: i. One half acre or smaller: not permitted ii. Larger than ½ acre but smaller than 1 acre: 2 colonies iii. Larger than 1 acre but smaller than 1 ½ acre: 4 colonies Ordinance No. 142 Agricultural and Wild Animals Page 5 of 8 iv. Larger than 1 ½ acre but smaller than 2 acre: 6 colonies v. 2 acres or more: 8 colonies 3. Standards of Practice. i. Colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition, not exceeding six feet in height. ii. An inactive hive shall be removed within 30 days if no longer occupied by a colony. iii. Each beekeeper shall maintain their beekeeping equipment in good condition, including maintenance of paint, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. iv. Each beekeeper shall ensure that a convenient source of water is available on the apiary lot so long as colonies remain active outside the hive. v. For each colony permitted, there may also be maintained upon the same apiary lot, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth 10-frame hive body with no supers. vi. Each beekeeper shall ensure that no wax comb, syrup for feeding honey bees, or other material that might encourage robbing by other bees are left exposed outdoors. Such materials shall be stored in sealed insect-proof containers and removed from the site or placed within a building. vii. Sale of apiary products on-site in residential zoning districts shall adhere to the requirements for Home Occupations. 2. Permitting and Inspection. 1. Permit Required. A permit is required for any person seeking to keep honeybees as allowed by this section. Any applicant shall complete an application form provided by the City. Any amendment to an existing license shall constitute a new application and fee. The application shall include, but is not limited to the following information: i. Site plan showing the location and size of the lot and the location, size and type of all structures related to the apiary. ii. A signed agreement by the applicant that the premises may be inspected by the Animal Control Officer to ensure compliance with all applicable conditions. iii. A certificate of completion from a beekeeping training course from the University of Minnesota Bee Lab, or a comparable course from another institution or instructor. iv. A mailing list for all properties within 350 feet of the apiary lot. An informational notice shall be sent to the neighboring property owners by the City Clerk upon issuance of beekeeping permit. 2. Review, Revocation, and Appeal. Refer to Section 9 of this Ordinance for the permit application review, revocation, and appeal processes. 3. Duration of Permit and Fee. A beekeeping permit shall be valid one year from the issued date. The annual fee for a permit is set forth by the City Fee Schedule. 4. Right of Entry for Inspections. The Animal Control Officer shall have the right to inspect any apiary at any reasonable time for the purpose of verifying compliance with this Ordinance. It shall be deemed a violation of this division for any person to resist, impede, or hinder the City official or designee in the performance of their duties in inspecting any apiary and apiary lot. Section 45. Stable Operations Commented [CS1]: A nucleus colony is a widely accepted and taught practice in beekeeping. Nucleus colonies are needed in order to raise new worker bees and queens to strengthen the existing colonies. If a queen dies, the beekeeper needs to have a new queen to keep the worker bees from fleeing their hive and attempting to overtake a different one. They are essentially mini-hives. Commented [EM2]: Home Occupations are only allowed on residential lots. PC should consider the potential of having honey stands and sales on/near County E and Hwy 61, as there are some vacant parcels in the Gateway zone. Commented [EM3]: To clarify - Section 5 of ordinance 142 already allows the City Council to designate an ‘animal control officer’ or other person to enforce this ordinance Ordinance No. 142 Agricultural and Wild Animals Page 6 of 8 1. Permitted Operations. Personal stables for permitted and allowed agricultural animals, as defined in Section 3 of this Ordinance, and which animals are solely owned by the occupants of the premises and which are over the age of six (6) months are allowed in the residential districts of the City of Gem Lake. The operators of such stables are responsible to operate these stables in compliance with the terms and regulations defined in this Ordinance, and specifically: 1. Stables shall only be operated on properties of one (1) fenced acre or greater with not less than one-half (1/2) acre of pasture land. 2. The ratio of animals to acreage shall not exceed one (1) animal per one-half (1/2) acre of fenced pasture land. 3. A stable shall only exist with the written consent of all abutting property owners and all other property owners within three-hundred fifty (350) feet of the property upon which the stable is located. 4. On lots smaller than three (3) acres, all pasture land must lie not less than fifty (50’) feet from the dwelling and/or front yard of the lot. 2. Sanitation Requirements. All owners or operators of stables, shall provide for sanitation of the premises, including but not limited to: 1. Removal of Manure and Waste. All manure, feces, and other waste material generated by the stable must be handled in such a manner as to not create endangerment to the animal(s) being harbored or to become a public nuisance; to control offensive odors, flies and rodents; and must be removed from the property where the stable is located as follows: 1. From the property in total not less frequently than once quarterly for Personal Use Kennels and Stables; and 2. No person shall permit accumulations of manure from any animal under his control to remain on any street, sidewalk, or alley, nor upon any open area or lot in any residential area in the City. 3. Commercial stables shall also be subjected to additional conditions regarding this subject as outlined in the Special or Interim Use Permit issued for this activity. 4. Pastures and housing structures must be situated not less than fifty (50’) feet from any well or individual sewage treatment system (septic system). 5. Manure piles must be situated not less than two hundred fifty (250’) feet from any well. 3. Care and Maintenance of Animals. No animal shall be treated cruelly, or inhumanely, by any person or in violation of Minnesota Statutes 343 relating to cruelty to animals. Ordinance No. 142 Agricultural and Wild Animals Page 7 of 8 Section 6. Enforcement, Records and Penalties. 1. Enforcement. The provisions of this Ordinance shall be enforced by the Animal Control Officer and other such persons or agencies as may, from time to time, be appointed by the City Council. 2. Records. The City shall maintain accurate records of all permits, licenses, impoundments, quarantines, disposition of animals taken into custody, reports of all animal attacks or bites, and fees and fines related thereto and to make such records available as public documents within reasonable times. 3. Penalties. Any owner, harborer, or other person, or the parents of any person under eighteen (18) years of age violating any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished to the maximum extent allowed by law. 4. Other Associated Costs. Any owner, harborer, or other person, or the parents of any person under eighteen (18) years of age violating any provision of this Ordinance shall be solely responsible for all costs associated with enforcement of this Ordinance including, but not limited to, impound fees, boarding, notification of owners, and disposal. Section 6 7. Exemptions to this Ordinance. 1. Hospitals, clinics, and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this Ordinance except where such duties are expressly stated and where such facility meets the applicable zoning code. 2. The licensing and vaccination requirements of this Ordinance shall not apply to any animal belonging to a non-resident of the City of Gem Lake and kept within the City for less than thirty (30) days, provided all such animals are fully and at all times confined within a building enclosure or vehicle or are deemed to be under complete restraint of the owner. 3. Non-poisonous snakes or snakes not prohibited as wild and exotic by definition, birds kept indoors, hamsters, mice, rabbits, gerbils, white rats, guinea pigs, chinchillas, or lizards and similar small animals capable of being kept in cages continuously are exempt and do not require a permit. Section 78. Animal Owner Responsibilities. 1. Animal Owner Responsibilities and Liability. This Ordinance shall not relieve or lessen the responsibility or liability of any person owning or harboring any animal to persons or real property or any other injury occasioned thereby. 2. Abrogation and Greater Restriction. It is not intended by this Ordinance to appeal, abrogate, annul, impair or interfere with any State or Federal law, or local ordinances, rules, regulations, or permits issued pursuant to law. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern. 3. Right of Entry. All law enforcement and animal control officers may enter upon private property where it appears that there is reasonable cause to believe that an animal is not being kept, confined, or restrained as herein required or where it appears that a violation of this Ordinance may be present and when accompanied by a warrant to enter property duly issued by a judge of the district court. Ordinance No. 142 Agricultural and Wild Animals Page 8 of 8 4. Interference. No person shall interfere with, hinder, or molest any agent of the City while engaged in the performance of any duty related to this Ordinance or release any animal in the custody of the agent. Section 89. Review, Revocation and Appeal. 1. Permit Application Review. The City shall review the permit application. The City may deny an applicant’s permit application for any reason reasonably related to the regulation of animals within city limits, including but not limited to; protecting the health, safety, and welfare of the public. Convictions for violations of City Ordinance No. 142 or any applicable state Statutes within the preceding three (3) years shall be considered evidence of a threat to the health, safety, and welfare of the public. 2. Revocation. The City may revoke permits previously issued upon the same grounds. If a permit is denied or revoked, the City shall notify the applicant in writing, and provide information regarding the applicant’s right to appeal under paragraph 3 of this section. 3. Appeal. An applicant may appeal the City’s determination by filing written notice with the City Administrator within ten (10) days of the applicant’s receipt of the City’s notice. Failure to file a timely appeal results in a waiver of the appeal. If the applicant files a timely appeal, a hearing will be held before an impartial hearing officer as soon as practicable after the City’s receipt of the appeal. The rules of evidence do not apply at the hearing and any reports and records of the Ramsey County Animal Control officer shall be considered without further foundation. The hearing officer will make written findings of fact. The hearing officer’s decision will be personally served upon the owner or a person of suitable age at the residence of such owner and is the final decision of the City. Section 910. Severability. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. Section 1011. Enactment and Effective Date 1. Existing Uses. Existing uses that are not compliant with the Ordinance shall have one-hundred twenty (120) days to become compliant unless a Special or Interim Use Permit is issued by the City Council to specifically exempt the existing activity from all or portions of the regulations described in the Ordinance. A Special or Interim Use Permit application can be procured from the City Clerk. Nothing in this paragraph vests any non-confirming use from being controlled by these regulations. 2. Enactment and Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication. Dated: October 18, 2022 APPROVED: ATTEST: Gretchen Artig-Swomley Melissa Lawrence Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk CITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org Planning Commission Meeting – April 9, 2024 Call to Order of Planning Commission Meeting By Chair Joshua Patrick at 7:____ p.m. Call of Roll Patrick Farrell Cummings Pratt Wippich Approve and Accept Agenda and Minutes • Accept the Agenda for the April 9, 2024 Planning Commission Meeting • Approve the Minutes from March 12, 2024 Planning Commission Meeting Public Hearings • None Old Business • Ordinance No. 45 Garbage and Refuse Discussion • Gem Lake Tree Policy Discussion • Beekeeping Discussion New Business • None Open Items for Commission Members to Bring Up Future Meetings • Next City Council Meeting, Tuesday, April 16, 2024 • Next Planning Commission Meeting, Tuesday, May 14, 2024 o Attendance Inquiry Adjournment – The meeting adjourned at _____