[Code 1995]
It shall be unlawful for any person to place, establish or maintain
any colony of bees in or upon any premises within the corporate limits
of the City unless the bees are kept in accordance with the provisions
of this article.
It shall be unlawful for any person to place or keep an apiary
upon any property within the City limits without a license issued
by the City Clerk. The fee shall be set by resolution of the governing
body of the City, and the fees shall defray, in part, the cost of
inspection and enforcement of this article. The license shall be valid
for a period of three years from the date of issuance.
As used in this article, the following words and terms shall
have the meanings ascribed in this section unless the context of their
usage clearly indicates another meaning:
A place where bee colonies are kept.
Any stage of the common domestic honey bee, Apis Mellifera
species.
A hive and its equipment and appurtenances including bees,
comb, honey, pollen, and brood.
A structure intended for the housing of a bee colony.
A contiguous parcel of land under common ownership.
(a)
The purpose of this article is to establish certain requirements
of sound beekeeping practices, which are intended to avoid problems
that may otherwise be associated with the keeping of bees in populated
areas.
(b)
Notwithstanding compliance with the various requirements of this
article it shall be unlawful for any beekeeper to keep any colony
or colonies in such a manner or of such disposition as to cause any
unhealthy condition, interfere with the normal use and enjoyment of
human or animal life of others, or interfere with the normal use and
enjoyment of any public property or property of others.
All bee colonies shall be kept in Langstroth type hives with
removable frames, which shall be kept in sound and usable condition,
as required by the Kansas State Department of Agriculture.
In each instance in which any colony is situated within 25 feet
of a public or private property line of the tract upon which the apiary
is situated, 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 consisting of a solid wall, fence,
dense vegetation, or combination thereof that is parallel to the property
line and extends 10 feet beyond the colony in each direction so that
all bees are forced to fly at an elevation of at least six feet above
ground level over the property lines in vicinity of the apiary. It
is a defense to prosecution under this section that the property adjoining
the apiary tract in the vicinity of the apiary is undeveloped property
for a distance of at least 25 feet from the property line of the apiary
tract.
Any person who at the time this article becomes effective maintains
any apiary which is 75 feet from a house or other building used for
residential purposes other than a house or building owned or possessed
by such person and which is registered with the City Clerk shall be
permitted to keep one apiary at such location.
Each beekeeper shall ensure that a convenient source of water
is available at all times to the bees so that the bees will not congregate
at swimming pools, bibcocks, pet watering bowls, bird baths, or other
water sources where they may cause human, bird, or domestic pet contact.
Each beekeeper shall ensure that no bee comb or other materials
that might encourage robbing are left upon the grounds of the apiary
site. Upon their removal from the hive all such materials shall promptly
be disposed of in a sealed container or placed within a building or
other bee proof enclosure.
In any instance in which a colony exhibits unusually aggressive
characteristics by stinging or attempting to sting without due provocation
or exhibits an unusual disposition towards swarming, it shall be the
duty of the beekeeper to promptly re-queen the colony. Queens shall
be selected from stock breed for gentleness and non-swarming characteristics.
(a)
It shall be unlawful to keep more than the following number of colonies
on any tract within the City, based upon the size or configuration
of the tract on which the apiary is situated:
(b)
For each two colonies authorized under colony densities (Subsection (a)) there may be maintained upon the same tract one nucleus colony in a hive structure not exceeding one standard 9 5/8 inch depth 10 frame hive body with no supers attached as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an authorized colony within 30 days after the date is acquired.
(a)
In apiaries the name and telephone number shall be branded, painted,
or otherwise clearly marked upon the structure of at least two hives
and placed at opposite ends of the apiary. Instead of marking the
hives, the beekeeper may conspicuously post a sign setting forth the
name and telephone number of the beekeeper. It is a defense to prosecution
under this subsection that a colony is kept upon the same tract upon
which the owner resides.
(b)
Unless marked in accordance with Subsection (a) it shall be presumed for purposes of this article that the beekeeper is the person or persons who own or otherwise have the present right of possession and control of the tract upon which a hive or hives are situated. The presumption may be rebutted by a written agreement authorizing another person to maintain the colony or colonies upon the tract setting forth the name, address, and telephone number of the other person who is acting as the beekeeper.
(a)
The City inspector or his or her designated agent shall have the
right to inspect any hive between the hours of 8:00 a.m. and 5:00
p.m. Where practicable, prior notice shall be given to the beekeeper
if he or she resides at the apiary or if his or her name is marked
on the hives. The provisions of this section shall not be construed
to require the inspection for the destruction of
(b)
If any provision, section, subsection, sentence, clause or phrase
of this article, or the application of same to any person or set of
circumstances is for any reason held to be unconstitutional, void
or invalid, the validity of the remaining portions of this article
or their application to other persons or sets of circumstances shall
not be affected thereby, it being the intent of the City Council in
adopting this ordinance that no portion hereof or provision or regulation
contained herein shall become inoperative or fail by reason of any
unconstitutionality, voidness or invalidity of any other portion hereof,
and all provisions of this article are declared to be severable for
this purpose.
Colonies kept contrary to this article are hereby declared a
public nuisance and may be abated according to law.
