(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) In addition
to the requirements set forth in this article, all beekeepers shall
maintain their bee colonies in a manner that complies with the provisions
of state law codified in the Texas Agriculture Code, Title 6, Subtitle
A, Chapter 131, Bees and Honey.
(c) 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.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
All bee colonies shall be kept in Langstroth-type hives with
removable frames, which shall be kept in sound and usable condition.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
In each instance in which any colony is situated within twenty-five
(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 (6) feet in height, consisting of a
solid wall, fence, dense vegetation, or combination thereof, that
is parallel to the property line and extends ten (10) feet beyond
the colony in each direction so that all bees are forced to fly at
an elevation of at least six (6) 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 twenty-five (25) feet from the property line of the apiary
tract.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
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.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
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 from the hive and all such materials shall promptly be
disposed of in a sealed container or placed within a building or other
bee-proof enclosure.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
Each beekeeper must re-queen a colony at least once every two
(2) years; however, a beekeeper must immediately re-queen a colony
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. Queens shall be clipped and
marked so they are unable to swarm and can be easily located by a
state beekeeping inspector upon inspection, and each beekeeper shall
retain a record of the purchase of queen bees.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
(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:
(1) One-quarter
(1/4) acre or less tract size–Two (2) colonies;
(2) More
than one-quarter (1/4) acre but less than one-half (1/2) acre tract
size–Four (4) colonies;
(3) More
than one-half (1/2) acre but less than one (1) acre tract size–Six
(6) colonies;
(4) One
(1) acre or larger tract size–Eight (8) colonies;
(5) Regardless
of tract size, where all hives are situated at least two hundred (200)
feet in any direction from all property lines of the tract on which
the apiary is situated, there shall be no limit to the number of colonies;
(6) Regardless
of tract size, so long as all property other than the tract upon which
the hives are situated, that is within a radius of at least two hundred
(200) feet from any hive remains undeveloped property there shall
be no limit to the number of colonies.
(b) For each
two (2) colonies authorized under the colony densities set out above,
there may be maintained upon the same tract one (1) nucleus colony
in a hive structure not exceeding one (1) standard nine and five-eights
(9-5/8) inch-deep ten-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
thirty (30) days after the date it is acquired.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
(a) In each
apiary the name and telephone number of the beekeeper shall be branded,
painted or otherwise clearly marked upon the structure of at least
two (2) 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.
(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.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
(a) For the
purpose of enforcing the provisions of this article, the city health
officer may at all reasonable times enter in and upon any premises
within his jurisdiction. The director of public works is hereby authorized
to designate a state beekeeping inspector to exercise the powers and
duties of the city health officer to enforce the provisions of this
article and to investigate the condition of the bees and/or hives
and, if necessary, collect samples of bees to determine if the bees
are diseased and/or Africanized. All expenses of the state beekeeping
inspector’s services will be charged to the owner of the property
on which the hives are located and a copy of the inspection report
will be retained by the city.
(b) Any person
or persons charged with any of the duties imposed by this article
failing within the time designated by this article or within the time
stated in the notice of the health officer, as the case may be, to
perform such duties, or to carry out the necessary measures to the
satisfaction of the health officer, shall be deemed guilty of a misdemeanor
and upon conviction in the municipal court of the city shall be subject
to a fine of not less than one dollar ($1.00) and not to exceed one
thousand dollars ($1,000.00) for each offense, and each and every
day a violation continues, it shall constitute a separate offense.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)