The purpose of this section is to authorize beekeeping subject to certain requirements intended to avoid problems that may otherwise be associated with beekeeping in populated areas.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APIARY. Any place or area where one or more colonies of bees are kept.
BEEKEEPER. A person, licensed by the state, who owns or has charge of one or more colonies of bees.
BEEKEEPING EQUIPMENT. Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.
COLONY. Bees in any hive including queens, workers or drones.
FLYWAY. The flight path the bees travel unimpeded.
HIVE. A human-made or natural receptacle which is used to house bees.
HONEYBEE. The common honeybee, Apis mellifera species, at any stage of development, but not including the African honeybee, Apis mellifera scutellata species or any hybrid thereof.
STATE OF UTAH. Utah Department of Agriculture and Food.
(B) Certain conduct unlawful. Notwithstanding compliance with the various requirements of this section, it shall be unlawful for any person to maintain an apiary or to keep any colony on any property in a manner that threatens public health or safety or creates a nuisance.
(C) Prohibited areas. Beekeeping is prohibited in the following areas:
(1) Central Business District (CBD);
(2) General Commercial District (GC), except for individual dwelling units which have a separate legal lot or parcel of record; and
(3) Multiple dwelling units located on the same lot or parcel (apartments, townhomes and the like), except for individual dwelling units which have a separate legal lot or parcel of record.
(D) Beekeeper registration. Each beekeeper shall be registered with the state’s Department of Agriculture and Food, as provided in the state’s Bee Inspection Act set forth in the Utah Code, being U.C.A. §§ 4-11-101 et seq., or its successor title.
(E) Hives.
(1) Pursuant to the aforementioned State Bee Inspection Act, honeybee colonies shall be kept in hives with removable frames or bars which shall be kept in sound and usable condition.
(2) Hives shall be placed at least five feet from any property line.
(3) Hives shall be operated and maintained as provided in the state’s Bee Inspection Act.
(4) Each hive shall be conspicuously marked with the owner’s name, address, telephone number and state registration number.
(F) Hives on residential lots.
(1) As provided in this section, an apiary, consisting of not more than five hives or an equivalent capacity, may be maintained in a side yard or the rear yard of any residential lot.
(2) A person shall not locate or allow a hive on property owned or occupied by another person without first obtaining written permission from the owner.
(3) In no case shall a hive be located in a front yard of a residential lot.
(4) The number of hives on residential lots within the multiple use, agricultural, and rural residential zoning districts shall be regulated by the state, unless it threatens public health or safety, or creates a nuisance.
(G) Flyway barriers. A hive shall be placed on property so the general flight pattern of bees is in a direction that will deter bee contact with humans and domesticated animals.
(1) If any portion of a hive is located within 15 feet from an area which provides public access or from a property line on the lot where an apiary is located, as measured from the nearest point on the hive to the property line, a flyway barrier at least six feet in height may be required to be established and maintained around the hive, except as needed to allow access.
(2) If the flyway barrier is located along the property line or within five feet of the property line, it shall consist of a solid wall or fence, dense vegetation, or a combination thereof, which extends at least ten feet beyond the hive in each direction so that bees are forced to fly an elevation of at least six feet above the ground level over property lines in the vicinity of the apiary.
(H) Water. Each beekeeper shall ensure that a convenient source of water is available to the colony continuously between March 1 and October 31 of each year. The water shall be in a location that minimizes any nuisance created by bees seeking water on neighboring property.
(I) Beekeeping equipment. Each beekeeper shall ensure that no bee comb or other beekeeping equipment is left upon the grounds of the apiary site. Upon removal from a hive, all such equipment shall be disposed of in a sealed container or placed within a building or other bee-proof enclosure within a three-day period to allow the bees to clean the equipment.
(J) Conflict. In the event of a conflict between any regulation set forth in this section and honeybee management regulations adopted by the state, the most restrictive regulations shall apply.
(Prior Code, § 4.03.080) (Ord. 02-25, passed 8-15-2002; Ord. 13-09, passed 3-21-2013; Ord. 23-05, passed 2-16-2023) Penalty, see § 90.999