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:
means a place where bee colonies are kept.
means any stage of the common domestic honey bee, Apis mellifera
species.
means a hive and its equipment and appurtenances, including
bees, comb, honey, pollen, and brood.
means the building official.
means a structure intended for the housing of a bee colony.
means a contiguous parcel of land under common ownership.
means any idle land that is not improved or actually in the
process of being improved with residential, commercial, industrial,
church, park, school, or governmental facilities or other structures
or improvements intended for human use or occupancy and the grounds
maintained in association therewith. The term shall be deemed to include
property developed exclusively as a street or highway, or property
used for commercial agricultural purposes.
(Ordinance 2009-10-05 601, sec.
4(B), adopted 10/5/09)
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, and to require a license to insure compliance. Such license
shall be issued annually by the director or his designee. There shall
be no fee for such license. Existing apiaries shall be allowed to
continue in their present locations and conditions, if registered
with the director within sixty (60) days from the date of the passage
of this article, unless there is found to be a danger to the public
health and safety.
(Ordinance 2009-10-05 601, sec.
4(B)(1), adopted 10/5/09)
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 2009-10-05 601, sec.
4(B)(2), adopted 10/5/09)
All bee colonies shall be kept in Langstroth-type hives with
removable frames, which shall be kept in sound and usable condition.
(Ordinance 2009-10-05 601, sec.
4(B)(I), adopted 10/5/09)
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 2009-10-05 601, sec.
4(B)(II), adopted 10/5/09)
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, birdbaths, or other
water sources where they may cause human, bird, or domestic pet contact.
(Ordinance 2009-10-05 601, sec.
4(B)(III), adopted 10/5/09)
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.
(Ordinance 2009-10-05 601, sec.
4(B)(IV), adopted 10/5/09)
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 requeen the colony. Queens shall
be selected from stock bred for gentleness and nonswarming characteristics.
(Ordinance 2009-10-05 601, sec.
4(B)(V), adopted 10/5/09)
(a)
It
shall be unlawful to keep more than the following numbers 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: Four (4) colonies.
(2)
More than one-quarter (1/4) acre but less than one-half (1/2) acre
tract size: Eight (8) colonies.
(3)
More than one-half (1/2) acre but less than one (1) acre tract size:
Twelve (12) colonies.
(4)
One (1) acre or larger tract size: Sixteen (16) 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 the hive remains undeveloped
property, there shall be no limit to the number of colonies.
(b)
For each two (2) colonies authorized under colony densities (subsection (a)), there may be maintained upon the same tract one (1) nucleus colony in a hive structure not exceeding one (1) standard nine and five-eighths inch depth 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 2009-10-05 601, sec.
4(B)(VI), adopted 10/5/09)
(a)
In
apiaries, the name and telephone number 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. 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.
(Ordinance 2009-10-05 601, sec.
4(B)(VII), adopted 10/5/09)
An animal control officer shall enforce the provisions of this
article, and he or his representative, upon presentation of proper
identification to the owner, agent, or tenant in charge of such apiary,
shall have the right to inspect any apiary during all reasonable hours
except in cases of an emergency, in which case this limitation shall
not apply. Where practicable, prior notice shall be given to the beekeeper
if he resides at the apiary or if his name is marked on the hives.
(Ordinance 2009-10-05 601, sec.
4(B)(VIII), adopted 10/5/09)
(a)
Investigation.
Upon receipt of information that any
colony situated within the city is not being kept in compliance with
this article, the director shall cause an investigation to be conducted.
If he finds that grounds exist to believe that one (1) or more violations
have occurred, he shall cause a written complaint affidavit to be
issued to the beekeeper.
(b)
Complaint affidavit.
The complaint affidavit shall set
forth the following:
(1)
The date, time and place at which the hearing will be conducted;
(2)
The violation(s) alleged;
(3)
That the beekeeper may appear in person or through counsel, present
evidence, cross-examine witnesses, and request a court reporter; and
(4)
That the bees may be ordered destroyed or removed from the city if
the hearing officer finds that they have been kept in violation of
this article. Notices shall be given by certified United States mail
or personal delivery. However, if the hearing officer is unable to
locate the beekeeper, then the notice may be given by publication
one (1) time in a newspaper of general circulation at least five (5)
days prior to the date of the hearing.
(c)
Hearing and order.
The hearing shall be conducted by
the director or his designee. The burden shall be on the city to demonstrate
by a preponderance of credible evidence that the colony or colonies
have in fact been kept in violation of this article. If the hearing
officer finds that the colony or colonies have been kept in violation
of this article, then he may order that the bees be destroyed or removed
from the city within a time not to exceed thirty (30) days, and that
bees not thereafter be kept upon the tract for a period of two (2)
years. In instances where the hearing officer finds that the violations
were not intentional and that the beekeeper has employed corrective
actions that will probably be effective to cure the violations alleged,
then he may issue a warning in lieu of ordering the bees destroyed
or removed. Upon failure of the beekeeper to comply with the order,
the hearing officer may cause the bees to be destroyed and the hive
structures to be removed. In each instance in which a bee colony is
destroyed, all usable components of the hive structure that are not
damaged or rendered unhealthy by the destruction of the bees shall,
upon the beekeeper’s request, be returned to the beekeeper,
provided that the beekeeper agrees to bear all transportation expenses
for their return.
(d)
Appeals.
The decision of the hearing officer may be
appealed by filing a notice of appeal with the city secretary within
ten (10) calendar days following the date that the hearing officer
announces his decision or, if the decision is not announced at the
conclusion of the hearing, then within fifteen (15) days following
the date that the hearing officer places written notice of his decision
in the mail to the beekeeper. An appeal shall stay the hearing officer’s
decision, and the beekeeper is not required to remove the bees from
the city pending the determination of the appeal.
(e)
Action without hearing.
The provisions of this section
shall not be construed to require a hearing for the destruction of:
(Ordinance 2009-10-05 601, sec.
4(B)(IX), adopted 10/5/09)
