It is recognized that honey bees are beneficial to humankind
and to Pennsylvania in particular by providing both home garden and
agricultural pollination services as well as furnishing honey, beeswax,
and other useful products. The purpose of this article is to establish
certain requirements for beekeeping within the municipality.
It shall be unlawful to keep any bees in the Borough except
as provided herein.
As used in this article, all terms shall be defined in the manner
set forth in § 2102 of the Pennsylvania Bee Law, 3 Pa.C.S.A.
§ 2102, as amended, unless a different definition is stated
below or a different meaning clearly appears from the context:
AFRICANIZED HONEYBEE
Hybrids of the African honeybee with various European honeybees
that are aggressive compared to the European subspecies.
APIARY
Any place where one or more colonies or nuclei of bees are
kept.
BEE
Any stage of the common hive or honeybee (Apis mellifera)
or other species of the genus Apis.
BEE DISEASE
Any American or European foul brood, sac brood, bee paralysis
or other disease or abnormal condition of eggs, larval, pupal or adult
stages of the honeybee.
BEEKEEPER
An owner of an apiary or a person who has charge of an apiary
or one or more colonies of bees in the Borough.
COLONY
An aggregate of bees consisting principally of workers, but
having, when perfect, one queen and at times many drones.
DEPARTMENT
The Pennsylvania Department of Agriculture.
FLYWAY or FLYWAY BARRIER
A barrier composed of dense vegetation or man-made materials
which directs the bees quickly into the sky.
HIVE
Any frame hive, box hive, box, or other receptacle or container,
natural or artificial, or any part thereof, which may be used or employed
by a beekeeper as a domicile for bees which are expected to establish
a permanent nest·.
Placement of an apiary on a property should conform to the following
regulations so as to minimize and eliminate any possible concerns
to adjoining neighbors:
A. Hive location and density. Location of hives must comply with the
following criteria:
(1) Hives shall not be located within 10 feet of any side or rear property
line.
(2) Hives shall not be located within a front yard.
(3) Hives shall not be located within 50 feet of a preexisting swimming
pool or a preexisting kenneled animal.
(4) Apiaries are not permitted within 10 feet of any legally erected
building(s) located on adjacent properties.
(5) Apiaries may be located in any zoning district.
B. Maximum number of hives. For property with a minimum of 2,000 square
feet of lot area, a beekeeper is permitted to keep two hives. For
every additional 2,000 square feet of lot area, the beekeeper is permitted
two additional hives.
C. Hive type. No beekeeper shall keep or maintain bees in any hive other
than a modern movable frame hive, which permits thorough examination
of every comb to determine the presence of bee disease.
D. Hive orientation. To the extent possible, hive entrances shall face
away from neighboring property and in such a direction that bees fly
across the beekeeper's property at sufficient distance to gain a height
of at least six feet at the property line. The use of barriers may
be employed to redirect the bees' flight pathway and establish bee
flight pathways above six feet. Should the flight path not be able
to be obtained as described above, then a "flyway barrier'' shall
be placed at least six feet in height, shall be placed along the side
of the hive(s) that contains the entrance to the hive(s), shall be
located within five feet of the hive(s), and shall extend at least
two feet on either side of the hive(s). A "flyway barrier'' shall
consist of a solid fence, dense vegetation, dense hedge, or combination
thereof. No flyway is required for hives that are located on porches
or balconies at least 10 feet above grade, except where such porch
or balcony is located less than five feet from a property line.
Aggressive or Africanized honeybees may not be kept on any property
in the Borough.
The sale of honey must comply with state and federal laws and
regulations and with the existing Borough Code of Ordinances. The
sale of honey must also comply with the Borough's Zoning Ordinance
regulations for home occupations if located in a residential zone.
Any person, firm, or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.