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Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.
(A) The Exotic Animal Permit Review Committee may, after proper notice and hearing, revoke or suspend such permit for one or more of the following causes:
(1) Refusal by the permit holder to allow the city to inspect the premises or examine the animal(s) thereon which are kept under the permit;
(2) The conviction of the permit holder or any of the household members for the offense of cruelty to animals as set forth in § 90.036 of this code, whether or not said conviction is based upon the treatment of animals maintained, held or kept under the permit;
(3) The conviction of the permit holder or any of the household members for the offense of running at large as set forth in § 90.032 of this code or owner’s duties as set forth in § 90.030 of this code, whether or not said conviction is based upon the treatment of animals maintained, held or kept under the permit; or
(4) A reasonable showing that the health and safety of the public (PUBLIC shall include the members of the household where the subject animal(s) are maintained, held or kept under the permit) are endangered by the maintaining, holding or keeping of any of the animal(s) under the permit.
(B) Any decision of the Exotic Animal Permit Review Committee made pursuant to this section may be appealed to the City Council utilizing the hearing procedures set forth in § 90.061 of this code.
(Prior Code, § 90.066) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004; Ord. 05-21, passed 3-21-2005; Ord. 07-22, passed 11-19-2007)
Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.
(A) Following revocation or expiration of a permit, or if no permit has ever been obtained, or if the owner fails to remove the animal(s) maintained, held or kept under the permit from the corporate limits of the city within 48 hours of the revocation, the lead animal control officer, the officer’s assistants or police officers shall be authorized to impound and hold the animal(s) until such time as the owner is able to remove the animal(s) from the corporate limits of the city, which shall under no circumstances be longer than 72 hours.
(B) (1) The owner shall be responsible for payment of any shelter fees as set by the City Council which are incurred as a result of the impoundment.
(2) If the owner fails to claim or redeem the impounded animal(s) within 72 hours, the city shall have the right to destroy or sell the animals, with the proceeds from the sale used to maintain the city shelter.
(Prior Code, § 90.067) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004)
BEES
(A) It shall be unlawful for any person to keep, control, harbor or maintain within the city limits any bees, hives or boxes containing hives, except in an approved apiary in agriculturally zoned areas, without first obtaining a hobby beekeeper permit for that purpose from the lead animal control officer for the city or designee. No single permit shall be issued for more than one parcel upon which bees are to be maintained.
(B) (1) Application for each permit shall include: The name of the individual responsible for the keeping of bees; the current address of that individual, provided, that if at any time during the life of the permit the individual relocates, such information shall be transmitted to the city ten days prior to such relocation; the common address or legal description of the parcel comprising the apiary and on which the bees will be kept; and the number of hives or boxes containing hives the applicant intends to maintain on that parcel.
(2) The application shall be accompanied by a non-refundable fee as set by resolution. Following the receipt of the application and fee by the lead animal control officer or designee, an inspection of the proposed apiary will be conducted to ensure compliance with the conditions established herein and a nontransferable revocable permit shall be issued to the applicant which, unless revoked for noncompliance with the conditions, shall remain in effect until such time as the applicant discontinues or alters, from the application, the beekeeping activity. Seasonal adjustments for weather shall not be construed as discontinuation or alteration of apiary activity, provided that failure to actively engage in beekeeping activity on the parcel for a period in excess of six calendar months, for any reason, shall be so construed.
(C) The hobby beekeeper permit is nontransferable to any other apiary location or to any other person.
(Prior Code, § 90.070) (Ord. 14-07, passed 8-4-2014)
In addition to such other sanctions as may be imposed by law, violation of this section shall be cause for revocation of any permit issued for beekeeping; provided, however, that revocation shall be summarily made by the Chief of Police or designee upon advice of the lead animal control officer or designee, and provided that, following written notice confirming to the requirement of §§ 90.080 through 90.082 of this code, inclusive. The Chief of Police or designee may allow the permit holder 24 hours to correct or abate any offense or violation of the conditions established herein, which, if not corrected or abated will be cause for revocation. No person having any beekeeping permit revoked pursuant to this section shall be granted a permit for beekeeping purposes for a period of two years following revocation. Upon complaint of any owner or resident of any property abutting the apiary on which bees are permitted to be kept, the lead animal control officer or designee shall require an inspection of the parcel for which the application had been made. If the inspection discloses violation of any provisions hereof, the lead animal control officer or designee shall cause notice to be issued to correct or abate the condition in the manner set forth in this section.
(Prior Code, § 90.071) (Ord. 14-07, passed 8-4-2014)
Bees shall be kept in such manner so as not to create a nuisance or threat to health or otherwise interfere with the enjoyment of the property of adjacent owners or residents. The following conditions shall exist as a precondition to issuance of a permit for beekeeping.
(A) No person shall establish or maintain any apiary or hive or box where bees are kept on any parcel where any public outdoor recreational area, school or daycare or public park lies within 100 feet of the exterior boundaries of the parcel. No person shall establish or maintain any hive of box where bees are kept on any parcel or lot in excess of one hive or box per 1,500 square feet.
(B) No hive or box where bees are kept shall be maintained within 50 feet of any dwelling or building, except that of the applicant. No hive or box where bees are kept shall be maintained within 25 feet of the lot line, sidewalk, alley or other public right-of-way unless there is present a barrier of sufficient height to deflect the flight of bees to a height not less than six feet at all exterior boundaries of the parcel on which bees are being maintained. No hive or box shall be maintained less than ten feet from the barrier.
(C) Including the permit holder’s own hives or boxes in which bees are kept, no more than four hives or boxes shall be within 100 feet of the exterior boundaries of the apiary within the parcel on which bees are kept; provided, however, that in the event the permit holder of any permit keeps bees on any parcel in excess of one acre in area, no more than four hives or boxes shall be maintained per one quarter acre, and in such cases all hives or boxes shall be situated at least 100 feet from the exterior boundaries of the parcel. A source of fresh water shall be maintained for bees at all times near the hives or boxes in which the bees are kept.
(D) Prior to the issuance of a hobby beekeeper permit, the applicant shall notify all residents and businesses within a 300 foot radius around the proposed apiary on which the bees are to be kept, that the applicant is applying for a hobby beekeeper permit and will provide contact information for themselves as the hobby beekeeper so questions and concerns can be addressed between the neighboring property owners and the beekeeper. There will be no hearing prior to issuance of the permit provided notification has been made either in person or by mail delivery to the residents or businesses within 300 feet.
(E) The forgoing conditions shall be continuously maintained by the holder of any permit issued pursuant to this section.
(Prior Code, § 90.072) (Ord. 14-07, passed 8-4-2014)
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