[Ord. No. 533, 10/17/2018]
1. It shall be unlawful to keep any bees in the Borough except as provided
herein.
A. Definitions. As used in this section, all terms shall be defined
in the manner set forth in Section 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
A barrier composed of dense vegetation or man-made materials
which direct 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.
B. Registration, Certification, and Permits.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
C. 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.
D. 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.
E. Location of Hives. 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 swimming pool
or permanently kenneled animal.
(4)
Apiaries may be located in any zoning district.
F. 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.
G. 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.
H. 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 bee-proof
enclosure, so long as bees are present on the property.
I. Inspections.
(1)
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.
(2)
If an inspection is required as a result of a nuisance complaint,
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 bee hives.
J. Nuisance. 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 1D 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 poses a threat to
the general safety, health, and welfare of the general public.
(4)
The keeping of overcrowded, bee-diseased or abandoned hives.
K. Prohibitions. Aggressive or Africanized honeybees may not be kept
on any property in the Borough.
[Ord. No. 533, 10/17/2018]
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 Chapter
27, Zoning, regulations for home occupations if located in a residential zone.
[Ord. No. 533, 10/17/2018]
Any person, firm, or corporation who shall violate any provision
of this Part, 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 Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.