(a) Apiaries are permitted in the town which are registered with the commissioner of the department of agriculture of the state in accordance to W. Va. Code, § 19-13-1.
(1) Shall maintain valid certificate of registration for bee keeping from the commissioner of the department of agriculture of the state;
(2) Shall have posted at all times the name and address of the owner or operator in a conspicuous place at the apiary;
(3) Shall provide the Town of Eleanor a copy of the valid certificate of registration for bee keeping from the commissioner of the department of agriculture within 30 days of approval.
(b) Beekeepers in the town of Eleanor are required to meet the following "Best Management Practices" (Cross Ref. 61-2-4):
(1) Shall post a honey bee caution sign in or near the apiary. (Cross Ref. §61-2-4.2.a)
(2) Shall Limit the number of hives in relation to property lot size in accordance with the following (Cross Ref §61-2-4.2b):
A. Less than ½ acre- 4 colonies (1/2 acre = 21,780 sq. ft., roughly 100 ft. x 218 ft.) (Cross Ref. §61-2-4.2.b.(l))
B. More than 1/2 acre, less than 1 acre- 6 colonies (1 acre= 43,560 sq. ft., roughly 150 ft. x 290 ft.) (Cross Ref. §61-2-4.2.b.(2))
(3) Shall maintain a water source near the colonies at a distance less than the nearest unnatural water supply (Cross Ref. §61-2-4.2.d.(2));
(4) Shall not keep an apiary within 50 feet of an established animal that is tethered, kenneled or otherwise prevented from escaping a stinging incident (Cross Ref. §61-2-4.2.d.(3));
(5) Shall avoid opening colonies for inspection or manipulation when neighbors are present or in the immediate vicinity (Cross Ref. §61-2-4.2.d.(4));
(6) Shall manage all colonies to minimize swarming (Cross Ref. §61-2-4.2.d.(6));
(7) Shall replace queens in colonies exhibiting defensive behavior that may be injurious to the general pubic or domesticated animals as determined by the West Virginia Department of Agriculture apiary staff. (Cross Ref. §61-2-4.2.d.(7));
(c) In addition to the required "Best Management Practices" beekeepers in the Town of Eleanor are required to meet the following:
(1) Apiaries must be located at least 80 feet away from any public place, including but not limited to playgrounds, sports fields, churches or schools.
(2) When possible, hive entrances shall face away from neighboring property and in such a direction that bees fly across the beekeeper's property sufficient distance to gain a height of six feet. If bordering property is within a distance of 80 feet and on level ground, the beekeeper shall use barriers (hedges, shrubs or fencing six feet high) to redirect the bees' flight pathway and establish a bees' flight pathways above head height. If neighboring property within a distance of 80 feet is elevated, adjustment of barriers must be made to allocate for human/animal height standing on the neighboring property.
(3) Hives should be located at least fifteen feet from all property lines.
(4) An additional honey bee caution sign must be placed in the front of the property facing the street in plain view.
(5) Shall include salt (or other method known to the beekeeper) to help attract bees to the water source listed in 506.03(b)(3).
(d) Apiaries in the town of Eleanor are not required to meet, but are strongly encouraged to, all other "Best Management Practices" according to West Virginia Honeybee Best
Management Practices Title 61-2-4 and this article.
(Ord. 18-01.)