[Adopted 6-12-2018 by Ord. No. 09-2018]
This article shall be known as the "City of Lancaster Bee Ordinance."
The findings contained in the preamble of this article[1] are hereby adopted as a part of this article.
[1]
Editor's Note: The original ordinance containing said
preamble is on file in the City offices.
A.
APIARY
BEE or BEES
BEEKEEPER
BEEKEEPING EQUIPMENT
BOARD OF HEALTH
COLONY
HIVE
HONEYBEE
LICENSE
LICENSEE
LOT
NUCLEUS COLONY
PERSON
SIGN
UNDEVELOPED LAND
UNDEVELOPED PROPERTY
USED or OCCUPIED
As used in this article, the following words and terms shall have
the meanings ascribed in this section unless the context of their
usage indicates another usage:
The assembly of one or more colonies of bees at a single
location.
A honeybee or honeybees, as hereinafter defined.
A person who owns or has charge of one or more colonies of
bees.
Anything used in the operation of an apiary, such as hive
bodies, supers, frames, top and bottom boards and extractors.
The Board of Health of the City of Lancaster.
An aggregate of bees consisting principally of workers, but
having, when perfect, one queen and at times drones, brood, combs,
and honey.
The receptacle inhabited by a colony that is manufactured
for that purpose.
All life stages of the common domestic honeybee, Apis mellifera
species.
A license issued hereunder by the Department of Community
Planning and Economic Development.
[Amended 4-9-2019 by Ord.
No. 03-2019]
The holder of any license.
A contiguous parcel of land under common ownership. The word
"lot" includes the word "plot" or "parcel."
A small quantity of bees with a queen housed in a smaller
than usual hive box designed for a particular purpose.
Any individual, company, unincorporated association, corporation,
limited liability company or other similar entity.
Any device for visual communication that is used to bring
the subject or information to the attention of the public. Signs include
signs affixed to windows or glass doors or otherwise internally mounted
such that they are intended to be seen and understood by vehicular
or pedestrian traffic outside the building. Signs do not include architectural
features which may be identified with a particular business; signs
within a building which are obviously intended to be seen primarily
from within the building; flags of governments or government agencies;
and display of merchandise either behind store windows or outdoors.
Any land that is undeveloped, or if previously developed,
land that has been allowed to return naturally to an undeveloped state.
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 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.
As applied to any land or building, shall be construed to
include the words "inended, arranged of designed to be occupied."
B.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, words in the singular number include the plural number, and
words in masculine gender shall include the feminine. The word "shall"
is always mandatory and not merely directory.
C.
If a word or term is not defined by this article, but is defined
in the City Subdivision and Land Development Ordinance (SALDO) or
Zoning Ordinance,[1] then the SALDO or zoning definition shall apply. If a
word or term is not defined in this article or the SALDO or Zoning
Ordinance, then the word or term shall have its plain and ordinary
meaning within the context of the section. In the latter case, a standard
reference dictionary should be consulted.
D.
Whenever a governmental or nongovernmental agency is cited, it shall
be construed to be followed by the words "or successor agency."
No person, either directly or indirectly, shall conduct any
beekeeping operations, in whole or in part, without first obtaining
the license required by this article and without keeping that license
in effect at all such times as required by this article or other law
or ordinance of the City.
A.
Formal application required. Every person required to procure a license
under the provisions of this article shall submit an application to
the Health Officer of the City of Lancaster which shall:
(1)
Form of application: be a written statement upon forms provided by
the Health Officer of the City of Lancaster which shall include a
sworn affidavit that the information furnished is true and correct.
Furnishing false certifications or false or intentionally misleading
information shall be grounds for denial or revocation of the license
or other legal action hereunder.
(2)
Contents of application: require the disclosure of all information
necessary for compliance with this article and of any other information
which the Health Officer finds to be reasonably necessary for the
fair administration of this article.
(3)
Payment of fees: be accompanied by the full amount of the license
fee. Any fees to be charged for the license issued hereunder or pursuant
to this article shall be adopted from time to time by resolution of
City Council of the City of Lancaster.
B.
Issuance of license. If the Health Officer of the City of Lancaster
is satisfied that the applicant has met all of the requirements of
this article, the license shall be issued to the applicant. If the
Health Officer determines that the requirements of this article have
not been met, he/she shall disapprove the application and refund all
fees paid in advance, from which disapproval the applicant shall have
the right to appeal to the Board of Health in the manner hereinafter
provided.
C.
Term of license. All licenses issued hereunder shall be in effect
for two years; provided, however, that the license holder complies
with all provisions of this article, including, without limitation,
maintaining a current registration with the Pennsylvania Department
of Agriculture as a beekeeper and maintaining membership (and providing
proof thereof to the Health Officer and/or Board of Health) in the
Lancaster County Beekeepers Society.
D.
Contents of license. Each license issued hereunder shall state upon
its face:
(1)
The name of the licensee and any other name under which the beekeeping
operations are to be conducted.
(2)
The kind and address of the beekeeping operations so licensed.
(3)
The amount of the license fee paid.
(4)
The date of issuance and expiration thereof.
(5)
Such other information as the Health Officer shall determine.
A.
General standards of conduct. Every licensee under this article shall:
(1)
Permit any designated City official to inspect any apiary to ensure
compliance with this article. The City shall inspect apiaries annually
upon prior notice to the license holder and owner of the apiary property,
and at such other times as the City deems appropriate, including,
without limitation, upon complaint, or upon suspicion of noncompliance
with the terms of this article. Nonannual inspections upon complaint
or suspicion of noncompliance may be conducted without prior notice
to the licensee or the property owner.
(2)
Comply with all local, state and federal laws related to the beekeeping
operations conducted.
(3)
Avoid all forbidden, improper or unnecessary practices or conditions
which do or may affect the public health, morals or welfare.
(4)
Refrain from operating the apiaries and beekeeping services after
expiration of the beekeeper's license and during the period any
beekeeper's license is revoked or suspended.
(5)
Every licensee under this article shall post and maintain the license
upon the licensed premises in a place where it may be seen at all
times.
B.
Standards of beekeeping practices. Each licensee under this article
shall, with respect to his/her beekeeping operations, conform with
the following standards and/or requirements:
(1)
Honeybee colonies shall be kept in hives with removable frames, which
shall be kept in sound and usable condition.
(2)
Each beekeeper shall ensure that a convenient source of water is
available to the colony so long as colonies remain active outside
of the hive.
(3)
Each beekeeper shall ensure that no wax comb or other material that
might encourage robbing by other bees is left upon the grounds of
the apiary lot. Such materials, once removed from the site, shall
be handled and stored in sealed containers or placed within a building
or other insectproof container.
(4)
For each colony permitted to be maintained under this article, there
may also be maintained upon the same apiary lot one nucleus colony
in a hive structure not to exceed the volume of one standard 9 5/8-inch
depth, ten-frame hive body with no supers.
(5)
Each beekeeper shall maintain his beekeeping equipment in good condition,
as to prevent theft or vandalism and occupancy by swarms.
(6)
Each beekeeper shall display a sign on his/her property, viewable
by the public, informing the public that bee colonies are maintained
on the property.
C.
Standards of practice. Hives may be permitted in the rear yard; provided,
however that a three-foot setback from any side lot line or rear lot
line not abutting an alley is maintained, or, if less than three feet,
the applicant provides a recorded easement, acceptable to the City,
from the adjoining property owner providing access for maintenance
of the hive(s), or permission to abut the wall of any existing structure
on the neighboring property. Beekeepers shall assure that their honeybee
colonies conform with the following provisions and/or restrictions:
(1)
Except as otherwise provided in this chapter, in each instance where
a colony is kept less than 25 feet from a property line of the lot
upon which the apiary is located, as measured from the nearest point
on the hive to the property line, and any entrances to the hive face
that lot line, the beekeeper shall maintain a flyway barrier at least
six feet in height between the hive entrance and the property it faces.
The flyway barrier may consist of a wall, fence, dense vegetation
or a combination thereof, such that bees will fly over rather than
through the material to reach the colony. If a flyway barrier of dense
vegetation is used, the initial planting may be four feet in height,
so long as the vegetation normally reaches six feet in height or higher.
The flyway barrier must continue parallel to the apiary lot line for
two feet in either direction from the hive, or contain the hive or
hives in an enclosure at least six feet in height. A flyway barrier
is not required if the property adjoining the apiary lot line 1) is
undeveloped, or 2) is zoned agricultural, industrial or is outside
the City limits, or 3) is a wildlife management area or naturalistic
park land with no horse or foot trails located within 25 feet of the
apiary lot line.
(2)
A flyway barrier is not required if the hives are located on the
roof of a structure located at least 15 feet from any adjacent structure.
(3)
No person is permitted to keep more than the following numbers of
colonies on any lot within the City, based upon the size or configuration
of the apiary lot:
Licenses issued hereunder are not transferable, and no licensee
shall transfer his license to another person.
A.
The Board of Health shall receive and review all written appeals
from decisions of the Health Officer disapproving an application for
a license revoking a license or suspending a license. The Board of
Health may, upon recommendation of the Health Officer, refuse to grant
or renew a license, and/or suspend or revoke a license of any applicant
or licensee. All decisions of the Board of Health in support of any
action or recommendation of the Health Officer shall be based upon
one or more of the following reasons:
(1)
The practice of any fraud, deceit, misrepresentation or furnishing
false information in obtaining or attempting to obtain a license.
(2)
The practice of any fraud, deceit, misrepresentation or furnishing
false information in the course of providing beekeeping services under
and pursuant to any license issued hereunder.
(3)
Violation of or noncompliance with the provisions of this article
or orders of the Health Officer issued under the authority of this
article.
(4)
The doing of any act or engaging in any conduct in the course of
operating and/or maintaining beekeeping services which demonstrates
incompetency, bad faith or dishonesty or substantially adversely affects
the health, safety or general welfare of the public.
B.
The Board of Health shall notify the applicant or licensee of the
recommended action and shall accord the applicant or licensee ample
opportunity to be heard thereon in person or by counsel. The notice
shall be in writing and be served by certified mail, addressed to
the applicant or licensee at the address appearing in the application
for the license or on the issued license and shall notify the applicant
or licensee of his right to a hearing before the Board of Health.
The applicant or licensee shall have a period of 30 days from the
date of service of the notice, which shall be the date of mailing,
to submit his written appeal to the Board of Health. If no appeal
is requested, it shall be conclusively presumed that the applicant
or licensee concurs in the recommendation of the Health Officer, and
the action recommended by the Health Officer shall be enforced without
necessity for any further proceedings. If an appeal is requested,
the Board of Health shall schedule a time to receive either written
objections to the recommended action or to hear the applicant's
or licensee's objections in person.
A.
Inspections. All representatives of the City of Lancaster Department
of Community Planning and Economic Development and other officials
designated by the Board of Health shall have the right to inspect
any apiary to ensure compliance with this article and to conduct any
other inspections authorized under this article.
[Amended 4-9-2019 by Ord.
No. 03-2019]
B.
Authority of inspectors. All inspectors shall have the authority
to enter the premises where any beekeeping services and/or beekeeping
operations are being conducted. All inspectors shall, when acting
within the scope of their employment hereunder, have the powers of
a police officer of the City; provided, however, that under no circumstances
shall a civilian employee have the power of arrest.
C.
Enforcement obligations. All inspectors shall:
(1)
Upon determining that there exists any violation of this article,
at the inspector's option:
(a)
Issue and serve upon the violator a notice of violation, which
notice shall be in writing, shall specify the violation and shall
contain an order directing correction of the violation within a specified
time from the date of the notice. Any person aggrieved by such notice
shall have the right to appeal to the Board of Health as set forth
in this article;
(b)
Institute and prosecute summary enforcement proceedings before
a Magisterial District Judge; and/or
(c)
Initiate before the Board of Health proceedings to suspend or
revoke the license of the violator.
(2)
Inspectors are authorized to take one or all of the above enforcement
actions in any given case as deemed necessary in their opinion for
proper administration and enforcement of this article, and the right
to take any particular enforcement action shall not be limited by
reason of the fact that they have also taken a different action in
the same case.
D.
Abatement. Should any person fail or refuse to comply with the notices of violation set forth above within the period of time stated therein, the Board of Health is hereby authorized to cause such apiaries and bees to be removed and destroyed, and there is hereby imposed a charge equal to the actual cost of labor, materials, equipment or any other item, service fees, or expenses incurred by the City, plus administrative fees, all as set forth in accordance with Chapter 36 of the Code of the City of Lancaster. For each time the Board of Health shall cause such apiaries to be removed, the owner of the premises shall be responsible for payment as set forth above, and should he/she fail to make such payment, his/her property may be subject to a municipal claim as set forth in Chapter 36 of the Code of the City of Lancaster.
E.
Service fee.
(1)
When an apiary has been declared in violation of this article, the
owners or occupants of the property shall be notified of the unacceptable
condition of the apiary. In the event of a reoccurrence of the violation
reference herein with a twelve-month period, the following service
charges shall be imposed:
(2)
All such service fees shall be paid by the responsible party to the
municipality within 15 days of the date of the notification. Failure
to pay this fee may result in the City instituting appropriate action
against the responsible party to recover service and administrative
fees and the City's attorney's fees incurred in the collection
thereof.
Where a person allows another person who has not procured a
license to use his premises for beekeeping as set forth in this article,
such person who allows his premises to be used shall be held liable
for any applicable fees, charges and costs as set forth herein and
shall be subject to all penalties and fines assessable for improper
operation of beekeeping services as set forth in this article.
For the purpose of enforcing City ordinances against destruction
of property, each hive shall be presumed to have a value of $400.
A.
Any person who violates any provision of this article or any order
of the Board of Health or the Health Officer issued pursuant to the
authority of this article shall, upon conviction therefor in a summary
proceeding, be fined not less than $200 nor more than $1,000, shall
pay the costs of prosecution or, in default of payment, undergo imprisonment
for not more than 30 days. Each day during which a violation continues
shall constitute a separate offense.
B.
Any person who shall violate or who fails, neglects or refuses to
comply with the provisions of this article shall be subject to the
immediate issuance of a nontraffic summary citation.
C.
The imposition of penalty prescribed shall not preclude the City
from instituting appropriate action by injunction of any other legal
or equitable remedy to prevent or correct any violation of this article,
including, but not limited to, the right to make corrections utilizing
qualified personnel, or to have corrections made to any apiary not
in compliance with this article.
D.
As set forth above, the City preserves its right to take any and all necessary actions as set forth in this article at the cost or expense of the license holder and/or the owner of the premises and to lien properties in accordance with Chapter 36 of the Code of the City of Lancaster for such costs incurred.
