[Adopted 7-15-2020 by Ord. No. 2020-1938]
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:
Hybrids of the African honeybee with various European honeybees
that are aggressive compared to the European subspecies.
Any place where one or more colonies or nuclei of bees are
kept.
Any stage of the common hive or honeybee (Apis mellifera)
or other species of the genus Apis.
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.
An owner of an apiary or a person who has charge of an apiary
or one or more colonies of bees in the Borough.
An aggregate of bees consisting principally of workers, but
having, when perfect, one queen and at times many drones.
The Pennsylvania Department of Agriculture.
A barrier composed of dense vegetation or man-made materials
which directs the bees quickly into the sky.
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·.
A.
No beekeeper may own or maintain an apiary within the Borough without
first registering all apiaries with the Department as required by
the Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et seq., as
amended.
B.
A beekeeper owning or maintaining an apiary in the Borough shall
promptly notify the Borough Code Enforcement Officer without unnecessary
delay, and in no event longer than 48 hours, if the Department revokes
said beekeeper's registration.
C.
No beekeeper may own or maintain an apiary within the Borough without
first obtaining an annual registration permit from the Borough. An
application for an annual registration permit shall be made in writing
and upon such form or in such format as established by the Borough
and shall be accompanied by the prescribed permit fee in the amount
established from time to time by resolution of Borough Council. The
application shall be accompanied by a lot plan that includes the size
of the lot, the location and number of hives, the location of each
water source, the distance of the hives from the property lines, and,
if required, the location of any flyway barriers. The application
shall also be accompanied by written evidence that the applicant has
completed a beekeeping educational program. The issuance of a permit
shall not obviate the necessity for compliance with all other Borough
ordinances.
D.
Non-property-owners that wish to own or maintain an apiary on property
that the non-property-owner is renting must include written permission
from the property owner or landlord that explicitly indicates that
the non-property-owner has permission to own or maintain an apiary
on the subject property. Such written permission shall be supplied
to the Borough as part of the annual beekeeping permit registration
application.
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.
A.
Food and
water. All beekeepers in the Borough shall ensure that a convenient
source of fresh water is available to the bees from April 1 through
November 1 each year and is located closer to the apiary than any
other water source and that a convenient source of food, as may be
required, on the property, is available from February 1 through May
31 each year.
B.
Area maintenance. All beekeepers shall ensure that no bee comb or
other materials are left upon the ground of the apiary site. Upon
removal from the apiary, all such materials shall be properly maintained
in a sealed container or placed within a building or other beeproof
enclosure, so long as bees are present on the property.
C.
Operational maintenance. All beekeepers shall comply with rules and
regulations set forth by the Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101
et seq., as amended. All beekeepers shall also maintain their colonies
per the Voluntary Best Management Practices for Maintaining European
Honey Bee Colonies in the Commonwealth of Pennsylvania as provided
and amended by the Pennsylvania Apiary Advisory Board.
A.
A Borough
designated inspector, in conjunction with the PA State Agriculture
Department Apiary Inspector, may inspect any premises, building, or
other place, public or private, in which bees, wax, or hives are kept
or stored during scheduled inspections. The beekeeper shall inform
the Borough Code Department of scheduled state inspections at least
48 hours in advance of the inspection date.
B.
If an inspection is required because of a nuisance complaint to the
Borough, the Borough will coordinate an inspection with the State
Apiary Inspector within 72 hours of the complaint. In the event the
State Apiary Inspector is not available within 72 hours of the complaint,
the Borough-designated inspector will inspect the property only, not
the beehives.
A.
It shall be unlawful for any beekeeper to keep any hive in such a
manner as to cause any unhealthy condition, interfere with the normal
use and enjoyment of human or animal life, or interfere with the normal
use and enjoyment of the properties surrounding the property on which
the bees are kept. By way of example and not of limitation, the following
activities are hereby declared to be a public nuisance and are, therefore,
unlawful:
(1)
Multiple bees stinging, attacking, or otherwise molesting others,
including pedestrians, bicyclists, motor vehicle passengers, or domestic
animals.
(2)
The use of apiaries or receptacles for bees that does not comply with Subsection A(4) of this section.
(3)
Hive placement and related bee movement such that the bees, without
provocation, interfere with the freedom of movement of persons in
a public right-of-way, or the location of bees pose a threat to the
general safety, health, and welfare of the general public.
(4)
The keeping of overcrowded, bee-diseased or abandoned hives.
B.
Private causes of action. Nothing in this article shall be deemed
to limit the right of a private person(s) or entity(ies) to pursue
and recover in a private cause of action or claim under applicable
law or legal theory, including, but not limited to, private nuisance
claims relating to the keeping of bees and related activities.
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.
