[Adopted 2-5-1974 as Ch. 5, Art. I, of the 1974 Code; amended in its entirety 5-21-2014 by L.L. No. 2-2014]
As used in this article, the following words shall have the indicated meanings, unless the context clearly indicates otherwise:
AGRICULTURAL USE
Activities carried out on a property for the purpose of producing farm-related commodities for sale and profit, including but not limited to the raising of livestock and harvesting of crops and animal by-products.
ANIMAL
Any dog, cat, bird, or other creature primarily quartered in or out of doors by its owner, as well as any bee colony maintained in an apiary.
APIARY
A hive or hive-like structure having removable frames specifically designed, constructed and maintained for purposes of housing a bee colony.
BEE
Any life stage of the common, domestic, nonaggressive honey bee, Apis mellifera species.
BEE COLONY
An aggregate of bees consisting principally of workers, but having, when perfect, one queen and at time many drones, including brood, combs, honey, and the receptacle inhabited by the bees within an apiary.
BEEKEEPER
A hobbyist who is an owner of and responsible for one or more bee colonies in an apiary or multiple apiaries.
BEEKEEPING
Practices associated with the keeping, operation, harboring and/or maintenance of a bee colony or colonies by a beekeeper.
DOMESTIC PET
Any domesticated, nonwild animal or nonlivestock animal quartered within or at the residence of the owner and kept for nonagricultural purposes as a household pet.
OWNER
Any one or more persons, corporations, partnerships, associations or any entity capable of being sued or prosecuted who or which owns, or has custody of a minor owning, any animal.
NONCOMMERCIAL AGRICULTURAL USE
Activities carried out on a property for noncommercial production of farm-related commodities without the intention of producing such commodities for subsequent commercial sale.
A. 
No person shall keep or harbor within the corporate limits of the Village any animal for agricultural or nonagricultural uses except the following:
(1) 
Any animal classifiable as a domestic pet as set forth in § 75-1.
(2) 
A bee colony, subject to the provisions of this article and any rules and regulations that may be promulgated by the Village in furtherance of this article, and as may be amended from time to time.
B. 
No person shall keep or harbor within the corporate limits of the Village any animal not among those permitted in § 75-2(A).
A. 
It shall be the duty of every beekeeper:
(1) 
To be educated in and strictly adhere to best management practices;
(2) 
To maintain bees, bee colonies and apiaries in a location and condition that will prevent diseases, abandonment of the apiary by the bee colony and swarming and discourage the potential for aggressive behavior and other nuisance behaviors, including but not limited to those defined in this article; and
(3) 
To be able to respond immediately to control bee swarms and to remediate any nuisance conditions.
B. 
The Village may promulgate, and may amend from time to time, rules and regulations as may be deemed appropriate in furtherance of this article with such rules and regulations being made available at the office of the Village Clerk and on the Village website. At a minimum, the Village shall include the following items in such rules and regulations:
(1) 
All bee colonies shall be kept in appropriately sized, designed and maintained apiaries with removable frames, which shall be kept and maintained at all times in sound and usable condition.
(2) 
Each apiary shall be labeled by the beekeeper with the name and contact information of the responsible beekeeper and alternate emergency contact information, which information shall be visible from a distance of no less than 15 feet from the apiary.
(3) 
An independent and reliable source of water shall be provided on the property housing the bee colony within a reasonable distance from the apiary in order to encourage use by the bee colony.
(4) 
An appropriate flight barrier shall be located in proximity to the entrance of the hive to encourage an upward flight pattern for all bees in the bee colony as they enter and depart the apiary.
(5) 
Guidance concerning examples of "nuisance" activity in the field of beekeeping, including the following illustrative, as opposed to comprehensive, list:
(a) 
Bees from bee colonies that injure or threaten injury to persons, domestic pets, or property;
(b) 
The presence of bees from bee colonies on neighboring or nearby properties in significant quantities, except that behavior necessary to the routine foraging for pollen by bees shall not constitute per se nuisance behavior;
(c) 
Bees from bee colonies that engage in aggressive, swarming or similarly objectionable behavior;
(d) 
A bee colony housed in an apiary which is placed so that the apiary or bee movement to/from such apiary unreasonably interferes with pedestrian traffic or persons residing on or adjacent to the property upon which such apiary is located;
(e) 
An apiary which is overcrowded, diseased, abandoned or maintained in any condition or location where the bee colony cannot thrive.
All apiaries shall be registered annually with the Village on forms provided or approved by the Village; the purposes of such registration being to maintain a record of the number and location of each apiary, to obtain the most current contact and credential/education information in connection with each beekeeper and to obtain a certification from each beekeeper acknowledging receipt of a copy of this article and the most current rules and regulations that may be promulgated pursuant to this article. A beekeeper shall provide to the Village any updates to the information contained in the annual registration within 10 days of any change, including but not limited to the abandonment or change in location of any apiary.
It shall be the duty and responsibility of every owner of any animal to exercise and maintain such care and control over such animal so that such animal does not become a nuisance, such as set forth in § 75-6, within the confines of the Village.
A. 
Cats. A cat shall become a nuisance whenever it shall, within the confines of the Village:
(1) 
Injure or threaten injury to persons or other domestic animals or birds;
(2) 
Injure property, including lawns, flowers, shrubs and trees;
(3) 
Upset or otherwise interfere with garbage receptacles;
(4) 
Be found in any commercial establishment without the consent or permission of the owner thereof; or
(5) 
Be kept or placed by its owner under cruel, unsanitary or abandoned or otherwise inhumane conditions.
B. 
Dogs. A dog shall become and constitute a nuisance whenever it shall, within the confines of the Village:
(1) 
Be present in or on any school or park property;
(2) 
Chase or run at persons, motor vehicles, motorcycles or bicycles upon any public highway or public place;
(3) 
Disturb the peace, comfort and quiet of the neighborhood by barking, whining, howling or fighting; or
(4) 
Commit any of the acts or be found in any of the conditions described in Subsection A(1) through (5).
C. 
Other domestic pets or animals. Any other domestic pet or animal shall become and constitute a nuisance within the confines of the Village upon committing any of the acts or found in any of the conditions described in Subsections A(1) through (5) and B(1) through (5).
Upon complaint to the Police Department of the Village by any person claiming that he or she or a member of his or her household has been injured or threatened with injury by any animal as specified in § 75-6, or upon complaint by any person, including police officers, who has witnessed the commission by any animal of any of the nuisances described in such section, the complaint shall be promptly recorded and the owner of such animal advised, in person, of such complaint and demand that he or she either confine such animal or take such steps as may be necessary to prevent a recurrence of such offense.
Any person violating any provision of this article shall, after notice as provided in § 75-8 and upon conviction thereof, be subject to punishment as provided in Chapter 1, General Provisions, Article III, General Penalty.