506.04  GRANDFATHER CLAUSE AND EXEMPTIONS/REQUESTS.
   (a)     Any beekeeper who has met the following conditions before the effective date of this chapter, shall be exempt from the requirements of this chapter:
      (1)   Possess a valid certificate of registration with the commissioner of the department of agriculture of the state in accordance to W. Va. Code, § 19-13-1.
      (2)   Are in good standing and meet all requirements set forth in "The West Virginia Apiary Act."
   (b)    Grandfathered beekeepers will be required to:
      (1)    Provide the Town of Eleanor a copy of the valid certificate of registration with the commissioner of the department of agriculture in accordance to W. Va. Code, § 9-13-1 that is dated within 30 days after the effective date of this article;
      (2)    After the effective date; When the "Grandfathered" beekeepers valid certificate of registration expires, they must present the Town of Eleanor a new valid certificate of registration within 30 days of the expiration date.
   (c)    Grandfathered beekeepers will lose their status if they:
      (1)    Are found to have violated any part of "The West Virginia Apiary Act" by the State of WV Agriculture Department.
      (2)    Are found to have violated any part of "The West Virginia Apiary Act" by Town of Eleanor Officials. In this case, the Town of Eleanor will be required to contact the WV Agriculture Department to confirm the violation. The individual will not lose their "Grandfathered" status if the WV Agriculture Department does not void their certificate.
      (3)   If the individual exceeds the number of colonies or any other part of their valid certificate of registration.
   (d)    Grand-fathered and Non-Grandfathered beekeepers can become exempt from certain
requirements if:
      (1)    Neighboring property owners (or other individuals who would be affected by the specific requirement) give written permission to the beekeeper to proceed. Written permission must clearly state the Article, Section and the beekeeper.
      (2)    Once written permission is granted to the beekeeper, a majority of the Town Council must approve of the request. The approved written permission must be kept on file along at the Town Hall.
         (Ord. 18-01.)