(A) Nuisance. Notwithstanding compliance with the provisions of this subchapter, it shall be a violation of this subchapter for any beekeeper to keep a colony or colonies in such a manner or in such disposition as to cause any unhealthy condition or interfere with the normal use or enjoyment of any property in the vicinity by humans or animals. The following actions 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 town by any of the town residents that any person is maintaining nuisance bees, the town 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 town indicates that the complaint is justified, but that action by town staff immediately abate the nuisance is not deemed necessary, then the town shall cause the owner or keeper of the bees in question to be 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 town 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 or relocated, the town may cause them to be destroyed in the field. In such instances, the owner of the bees shall be responsible for any cost incurred to effectuate the seizure, relocation, or destruction of the bees and/or hives.
(D) Seizure and relocation upon future 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 town within a specified amount of time, the town 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 the owner. Upon seizing bees and/or their hive, the town 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 ascertainable. A notice of seizure shall be left with the owner or affixed to the premises of the owner, or 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 town 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 subchapter.
(Ord. passed 7-8-2013)