§ 6-17. Bees.

(a)   

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Apiary means the assembly of one or more colonies of bees at a single location.

Beekeeper means a person who owns or has charge of one or more colonies of bees.

Beekeeping equipment means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.

Colony or hive means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times many drones, including brood, combs, honey and the receptacle inhabited by the bees.

Honey bee means all life stages of the common domestic honey bee, Apis Mellifera species.

Tract means a contiguous parcel of land under common ownership.

Undeveloped property 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 occupancy and the grounds maintained in association therewith. The term "undeveloped property" shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes.

(b)

Certain conduct declared unlawful.

(1)

The purpose of this section 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.

(2)

Notwithstanding compliance with the various requirements of this section, 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 or others or interfere with the normal use and enjoyment of any public property or property of others.

(c)

Hive type. All honey bee colonies shall be kept in langstroth-type hives with removable frames, which shall be kept in sound and usable condition.

(d)

Fencing of flyways. 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 ten 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 the vicinity of the apiary. It is a defense against 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.

(e)

Water. Each beekeeper shall ensure that a convenient source of water is available to the bees at all times during the year 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.

(f)

General maintenance. 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.

(g)

Queens. All colonies shall be maintained with marked queens. In any instance in which a colony exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition toward swarming, it shall be the duty of the beekeeper to promptly requeen the colony with another marked queen. Queens shall be selected from European stock bred for gentleness and nonswarming characteristics.

(h)

Colony densities.

(1)

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:

a.

One-quarter acre or less tract size: two colonies.

b.

More than one-quarter acre but less than one-half acre tract size: four colonies.

c.

More than one-half acre but less than one acre tract size: six colonies.

d.

One acre or larger tract size: eight colonies.

e.

Regardless of tract size, where all hives are situated at least 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.

f.

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 300 feet from any hive, remains undeveloped property there shall be no limit to the number of colonies.

(2)

For each two colonies authorized under colony densities in subsection (h)(1) of this section there may be maintained upon the same tract one nucleus colony in a hive structure not exceeding one standard 9 5/8 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 30 days after the date it is acquired.

(i)

Marking hives, presumption of beekeeping.

(1)

In apiaries the beekeeper shall conspicuously post a sign setting forth his name and telephone number. In addition, the beekeeper's registration yard marker provided by the LDAF, shall be posted on a sign within the apiary. It is a defense against prosecution under this subsection that a colony is kept upon the same tract upon which the owner resides.

(2)

Unless marked in accordance with subsection (i)(1) of this section it shall be presumed for purposes of this section 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.

(j)

Inspection. City officials shall have the right to inspect any apiary between 8:00 a.m. and 5:00 p.m. 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.

(k)

Compliance.

(1)

Upon receipt of information that any colony situated within the city is not being kept in compliance with this section, the mayor shall cause an investigation to be conducted. If he finds that grounds exist to believe that one or more violations have occurred he shall cause a written notice of hearing to be issued to the beekeeper.

(2)

The notice of hearing shall set forth:

a.

The date, time and place at which the hearing will be conducted;

b.

The violation alleged;

c.

That the beekeeper may appear in person or through counsel, present evidence, cross examine witnesses and request a court reporter; and

d.

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 section. Notices shall be given by certified United States mail or personal delivery; however, if the city is unable to locate the beekeeper, then the notice may be given by publication one time in a newspaper of general circulation at least five days before the date of the hearing.

(3)

The hearing shall be conducted by a person that the mayor may designate. The burden shall be on the city to demonstrate by a preponderance of credible evidence that the colonies have in fact been kept in violation of this section. If the hearing officer finds that the colonies have been kept in violation of this section, then he may order that the bees be destroyed or removed from the city, not to exceed 20 days, and that bees not thereafter be kept upon the tract for a period of two 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 health 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.

(4)

The decision of the hearing officer may be appealed by filing a notice of appeal with the city secretary within ten 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 15 days following at the date that the hearing officer places written notice of his decision in the mail to the beekeeper. An appeal shall not stay the hearing officer's decision, and it shall not be the responsibility of the beekeeper to remove the bees from the city pending the determination of the appeal.

(5)

The provisions of this section shall not be construed to require the conduct of a hearing for the destruction of:

a.

Any bee colony not residing in a hive structure intended for beekeeping;

b.

Any swarm of bees; or

c.

Any colony residing in a standard or manmade hive, which, by virtue of its condition, has obviously been abandoned by the beekeeper.

(Code 1968, § 4-18; Ord. No. 2007-05-A, 6-12-2007)