[Adopted 3-6-2019 by Ord. No. 2019-01]
That the findings contained in the preamble of this article
are hereby adopted as a part of this article.
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 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.
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 contiguous parcel of land under common ownership.
A small quantity of bees with a queen housed in a smaller
than usual hive box designed for a particular purpose.
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 associations
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
for beekeeping within the Borough, to avoid issues which might otherwise
be associated with beekeeping in populated areas.
B.
Compliance with this article shall not be a defense to a proceeding
alleging that a given colony constitutes a nuisance, but such compliance
may be offered as evidence of the beekeeper's efforts to abate any
proven nuisance.
C.
Compliance with this article shall not be a defense to a proceeding
alleging that a given colony violates applicable ordinances regarding
public health, but such compliance may be offered as evidence of the
beekeeper's compliance with acceptable standards of practice among
hobby beekeepers in the State of Pennsylvania.
A.
Honeybee colonies shall be kept in hives with removable frames, which
shall be kept in sound and usable condition.
B.
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.
C.
Each beekeeper shall ensure that no wax comb or other material that
might encourage robbing by other bees are 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 insect-proof container.
D.
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 one standard 9 5/8 inch depth
ten-frame hive body with no supers.
E.
Each beekeeper shall maintain his beekeeping equipment in good condition,
including keeping the hives painted if they have been painted but
are peeling or flaking, and securing unused equipment from weather,
potential theft or vandalism and occupancy by swarms. It shall not
be a defense to this article that a beekeeper's unused equipment attracted
a swarm and that the beekeeper is not intentionally keeping bees.
A.
Except as otherwise provided in this article, 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, the beekeeper shall establish and
maintain a flyway barrier at least six feet in height. 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 10 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 is undeveloped, or is zoned
agricultural, industrial or is outside of the Borough limits, or is
a wildlife management area or naturalistic park land with no horse
or foot trails located within 25 feet of the apiary lot line.
B.
No person is permitted to keep more than the following numbers of
colonies on any lot within the Borough, based upon the size or configuration
of the apiary lot:
C.
Regardless of lot size, so long as all lots within a radius of at
least 200 feet from any hive, measured from any point on the front
of the hive, remain undeveloped, there shall be no limit to the number
of colonies. No grandfathering rights shall accrue under this subsection.
D.
If the beekeeper serves the community by removing a swarm or swarms
of honeybees from locations where they are not desired, the beekeeper
shall not be considered in violation of the portion of this article
limiting the number of colonies if he temporarily houses the swarm
on the apiary lot in compliance with the standards of practice set
out in this article for no more than 30 days from the date acquired.
A designated Borough official shall have the right to inspect
any apiary for the purpose of ensuring compliance with this article
between 8:00 a.m. and 5:00 p.m. once annually upon prior notice to
the owner of the apiary property, and more often upon complaint without
prior notice.
For the purpose of enforcing Borough ordinances against destruction
of property, each colony/hive shall be presumed to have a value of
$275.
A.
Upon receipt of credible information that any colony located within
the Borough is not being kept in compliance with this article, the
designated Borough official shall cause an investigation to be conducted.
If the investigation shows that a violation may exist and will continue,
the designated Borough official shall cause a written notice of hearing
to be issued to the beekeeper, which notice shall set forth:
(1)
The date, the time and the place that the hearing will be held, which
date shall be not less than 30 days' from the date of the notice;
(2)
The violation alleged;
(3)
That the beekeeper may appear in person or through counsel, present
evidence, cross examine witnesses and request a court reporter, and
(4)
That if the designated Borough official finds that they have been
kept in violation of this article, and if the violation is not remediated
within the time allowed, the bees may be ordered removed and/or destroyed.
B.
Notices shall be given by certified United States Mail, return receipt
requested or personal delivery. However, if the beekeeper cannot be
located, then notice may be given by publication in a legal newspaper
for the county in which the apiary property is located, at least seven
days before the hearing.
C.
The hearing shall be conducted by the designated Borough official.
The burden shall be on the Borough to demonstrate by a preponderance
of evidence that the colony or colonies have been kept in violation
of this article. If the designated Borough official finds a violation,
then he/she may order that the bees be removed from the Borough or
such other action as may address the violation, and that the apiary
lot be disqualified for permitting under this article for a period
of two years from the date of the order, the apiary lot ownership
changes, in which case the prohibition shall terminate. If the order
has not been complied with within 20 days of the order, the Borough
may remove or destroy the bees and charge the beekeeper with the cost
thereof. Upon destruction of bees by the Borough, all equipment shall
be returned by the Borough to the beekeeper, with expenses of transportation
to be paid by the beekeeper. The Borough's destruction of the bees
shall be by a method that will not damage or contaminate the equipment,
including wax foundation.
D.
The decision of the hearing officer may be appealed by the beekeeper
as provided in the Borough's rules and procedures. If no provision
for appeal exists, then the beekeeper may file a notice of appeal
with the Borough secretary within 15 days of the date the order is
placed in United States Mail to the beekeeper, or 10 days if the decision
is announced at the hearing by the designated Borough official. An
appeal shall not stay the designated Borough official's decision,
and the beekeeper shall be required to comply with such order pending
the outcome of the appeal.
E.
No hearing and no order shall be required for the destruction of
honeybees not residing in a hive structure that is intended for beekeeping.
In the event any part of this article or its application to
any person or property is held to be unenforceable for any reason,
the unenforceability thereof will not affect the enforceability and
application of the remainder of this article, which will remain in
full force and effect.
