[Added 3-3-2008]
A.
Honey bees are of benefit to mankind by providing agriculture, fruit
and garden pollination services and by furnishing honey, wax, and
other useful products. Domestic strains of honey bees have been selectively
bread for desirable traits, including gentleness, honey production,
and tendency not to swarm and, as a result, gentle strains of honey
bees can usually be maintained within populated areas in reasonable
densities without causing a nuisance if the bees are properly located
and carefully managed. The purpose of this article is to provide appropriate
regulations for the keeping of bees within the City of Westbrook so
that the safety of property owners and beekeepers is ensured.
B.
This article is adopted pursuant to 30-A M.R.S.A. § 3001.
As used in this article, the following words and terms shall
have the meanings described in this section unless the context of
their usage clearly indicates another meaning:
A place where bee colonies are kept.
Any stage of the common domestic honey bee, Apis mellifera
species.
A hive and its equipment and appurtenances, including bees,
comb, honey, pollen, and brood.
A structure intended for the housing of a bee colony.
A contiguous parcel of land under common ownership.
Any idle land that is not improved or actually in the process
of being improved with residential, commercial, industrial, church,
park, school, or governmental facilities or other structures or improvements
intended for human use occupancy and the grounds maintained in association
therewith. The term shall be deemed to include property developed
exclusively as a street or highway or property used for commercial
agricultural purposes.
A.
The purpose of this article is to establish certain requirements
of sound beekeeping practices, which are intended to avoid problems
that may otherwise be associated with the keeping of bees in populated
areas.
B.
Notwithstanding compliance with the various requirements of this
article, it shall be unlawful for any beekeeper to keep any colony
or colonies in such a manner or of such disposition as to cause any
unhealthy condition, interfere with the normal use and enjoyment of
human or animal life of others, or interfere with the normal use and
enjoyment of any public property or property of others.
All bee colonies shall be kept in Langstroth-type hives with
removable frames, which shall be kept in sound and usable condition.
In each instance in which any colony is situated within 25 feet
of a public or private property line of the tract upon which the apiary
is situated, as measured from the nearest point on the hive to the
property line, the beekeeper shall establish and maintain a flyway
barrier at least six feet in height consisting of a solid wall, fence,
dense vegetation, or combination thereof that is parallel to the property
line and extends 10 feet beyond the colony in each direction so that
all bees are forced to fly at an elevation of at least six feet above
ground level over the property lines in vicinity of the apiary. It
is a defense to prosecution under this section that the property adjoining
the apiary tract in the vicinity of the apiary is undeveloped property
for a distance of at least 25 feet from the property line of the apiary
tract.
Each beekeeper shall ensure that a convenient source of water
is available at all times to the bees so that the bees will not congregate
at swimming pools, bibcocks, pet watering bowls, birdbaths, or other
water sources where they may cause human, bird, or domestic pet contact.
Each beekeeper shall ensure that no bee comb or other materials
that might encourage robbing are left upon the grounds of the apiary
site. Upon their removal from the hive, all such materials shall promptly
be disposed of a sealed container or placed within a building or other
bee-proof enclosure.
In any instance in which a colony exhibits unusually aggressive
characteristics by stinging or attempting to sting without due provocation
or exhibits an unusual disposition towards swarming, it shall be the
duty of the beekeeper to promptly requeen the colony. Queens shall
be selected from stock bred for gentleness and nonswarming characteristics.
A.
It shall be unlawful to keep more than the following number of colonies
on any tract within the City, based upon the size or configuration
of the tract on which the apiary is situated:
(1)
One-quarter acre or less tract size: two colonies.
(2)
More than 1/4 acre but less than 1/2 acre tract size: four colonies.
(3)
More than 1/2 acre but less than one acre tract size: six colonies.
(4)
One acre or larger tract size: eight colonies.
(5)
Regardless of tract size, where all hives are situated at least 200
feet in any direction from all property lines of the tract on which
the apiary is situated, there shall be no limit to the number of colonies.
(6)
Regardless of tract size, so long as all property, other than the
tract upon which the hives are situated, that is within a radius of
at least 200 feet from any hive remains undeveloped property, there
shall be no limit to the number of colonies.
B.
For each two colonies authorized under colony densities (Subsection A) there may be maintained upon the same tract one nucleus colony in a hive structure not exceeding one standard 9 5/8 depth ten-frame hive body with no supers attached, as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an authorized colony within 30 days after the date it is acquired.
A.
In apiaries, the name and telephone number of the beekeeper shall
be branded, painted, or otherwise clearly marked upon the structure
of at least two hives and placed at opposite ends of the apiary. Instead
of marking the hives, the beekeeper may conspicuously post a sign
setting forth the name and telephone number of the beekeeper.
B.
Unless marked in accordance with Subsection A, it shall be presumed for purposes of this article that the beekeeper is the person or persons who own or otherwise have the present right of possession and control of the tract upon which a hive or hives are situated. The presumption may be rebutted by a written agreement authorizing another person to maintain the colony or colonies upon the tract setting forth the name, address, and telephone number of the other person who is acting as the beekeeper.
The Health Officer shall have the right to inspect any apiary
between the hours of 8:00 a.m. and 5:00 p.m. Prior notice shall be
given to the beekeeper if he resides at the apiary or if his name
is marked on the hives.
[Amended 4-3-2017]
A.
Upon receipt of information that any colony situated within the City
is not being kept in compliance with this article, the Health Officer
shall cause an investigation to be conducted. If he determines that
a violation has occurred, he shall issue a written notice of violation
to the beekeeper.
B.
The notice of violation shall state the nature of the violation and shall establish a time in which the beekeeper shall bring the hives or apiary into compliance with the requirements of this article. If the beekeeper fails to comply with the time period set forth in the notice of violation, the Health Officer shall have the authority to destroy or remove the bees from the premises. The Health Officer may also enforce this article under the provisions of 30-A M.R.S.A. § 4452 where the violation is also a violation of the terms of a conditional use permit or other provision of Chapter 335, Land Use. Any notice of violation shall be given by United States mail or personal delivery. However, if the Health Officer is unable to locate the beekeeper, then the notice may be given by publication one time in a newspaper of general circulation at least five days prior to the date of the hearing.
C.
A beekeeper shall have the right to appeal the Health Officer's interpretation of this article as set forth in the notice of violation. Such appeal shall be filed, in writing, within 30 days from the date of the notice of violation. The hearing shall be conducted by the Board of Appeals under the procedures established by § 335-15.3 of Chapter 335, Land Use.
D.
The decision of the Board of Appeals may be appealed to the Superior
Court in accordance with the provisions of 30-A M.R.S.A. § 2691.
An appeal shall not stay the Health Officer's decision, unless otherwise
ordered by the Superior Court.
E.
The provisions of this section shall not be construed to require
the conduct of a hearing for the destruction of any bee colony not
residing in a hive structure intended for beekeeping or any swarm
of bees or any colony residing in a standard or man-made hive which
by virtue of its condition has obviously been abandoned by the beekeeper
or any swarm or colony of bees containing diseased bees. In such a
circumstance, the Health Officer may cause the bees to be destroyed
and the hive structures to be removed. If possible, the Health Officer
shall give notice to the beekeeper or property owner prior to such
destruction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
In instances where the hearing officer find that the violations were
not intentional and that the beekeeper has employed corrective actions
that will probably be effective to cure the violations alleged, then
he may issue a warning in lieu of ordering the bees destroyed or removed.
Upon failure of the beekeeper to comply with the order, the Health
Officer may cause the bees to be destroyed and the hive structures
to be removed.
G.
In each instance in which a bee colony is destroyed, all usable components
of the hive structure that are not damaged or rendered unhealthy by
the destruction of the bees shall upon the beekeeper's request be
returned to the beekeeper, provided that the beekeeper agrees to bear
all transportation expenses for their return.
If any provision, section, subsection, sentence, clause, or
phrase of this article or the application of same to any person or
set of circumstances is for any reason held to be unconstitutional,
void or invalid, the validity of the remaining portions of this article
or their application to other persons or sets of circumstances shall
not be affected thereby, it being the intent of the City Council in
adopting this article that no portion hereof or provision or regulation
contained herein shall become inoperative or fail by reason of any
unconstitutionality, voidness or invalidity of any other portion hereof,
and all provisions of this article are declared to be severable for
the purpose.
