(a) Prohibited generally; exceptions. It shall be unlawful for any person to own, keep, possess, harbor or maintain bees or beehives in such a manner as to unreasonably annoy humans, endanger the life or health of persons or animals, or substantially interfere with the rights of citizens (other than their owners) to enjoyment of life or property, or otherwise constitute a public nuisance. By way of example and not of limitation, the following activities are hereby declared to be a public nuisance and are, therefore, unlawful:
(1) Multiple bees stinging, attacking, or otherwise molesting others including, pedestrians, bicyclists, motor vehicle passengers, or domestic animals;
(2) Hive placement and related bee movement such that the bees, without provocation, interfere with the freedom of movement of persons in a public right of way, or the location of the bees poses a threat to the general safety, health and welfare of the general public; or
(3) The keeping of overcrowded, diseased or abandoned hives.
(b) Complaint and notice. Upon their own initiative or upon receipt of a detailed written and signed complaint being made to the animal control unit by any of the town residents that any person is maintaining nuisance bees, the animal control unit may cause the owner of the bees in question to be notified that a complaint has been received, or take immediate action to abate the nuisance if deemed necessary.
(c) Abatement. If investigation of the investigating animal control officer indicates that the complaint is justified, but that action by town staff to immediately abate the nuisance is not deemed necessary, then the chief or designee shall cause the owner or keeper of the bees in question to be so notified and ordered to abate such nuisance and may issue a citation for the violation. However, if immediate abatement of the nuisance is deemed necessary, then the investigating animal control officer may cause the bees and/or hive in question to be seized and relocated, or if the nuisance bees and/or hive cannot be reasonably seized and relocated, the animal control officer may cause them to be destroyed in the field. In such instances, the owner of the bees shall be responsible for any costs incurred to effectuate the seizure, relocation, or destruction of the bees and/or hive.
(d) Seizure and relocation upon failure to abate. If any person actually or constructively receiving notice in the manner herein described shall fail or refuse to abate the nuisance upon order of the chief within the specified time, the chief may cause the domesticated bees and/or hive in question to be seized and relocated. In such instances, the owner of the bees shall be responsible for any costs incurred to effectuate the seizure and relocation of the bees and/or hive.
(e) Notice to owner. Upon seizing bees and/or their hive, the animal control officer shall cause a prompt and reasonable effort to be made to locate and notify the owner of the bees, if the owner is known or reasonably ascertainable. A notice of seizure shall be left with the owner or affixed to the premises of the owner, if the owner is known or reasonably ascertainable.
(f) Redemption; destruction. If the owner shall so request in writing within five days of the seizure of the bees and/or hive, the bees and/or hive that have been seized and relocated may be redeemed upon the owner's execution of a written agreement to comply with the abatement order and payment of all sums due hereunder. If no such written request is made, or if such a request is made, but a written agreement to comply with the abatement order is not delivered to the chief within five days of the seizure, then the bees and hive shall be deemed abandoned and shall be destroyed in a humane manner, or become the property of a member of a legitimate beekeeping association provided that bees are maintained in compliance with the provisions of this chapter and provisions related to beekeeping found in the Town of Cary Land Development Ordinance.
(g) Revocation of Accessory Use Permit. In instances where the owner fails or refuses to abate the nuisance within the specified time, and has not appealed pursuant to section 6-139, the Planning Director may revoke the owner's Accessory Use Permit, and the owner shall be unable to reapply for another Accessory Use Permit for beekeeping for a period of twelve (12) months.
(Ord. No. 2012-Code-06, 10-11-2012)