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:
APIARY
A place where bee colonies are kept.
BEE
Any stage of the common domestic honey bee, Apis mellifera
species.
COLONY
A hive and its equipment and appurtenances, including bees,
comb, honey, pollen, and brood.
HIVE
A structure intended for the housing of a bee colony.
TRACT
A contiguous parcel of land under common ownership.
UNDEVELOPED PROPERTY
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.
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.
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.
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.