A. Beekeeping Allowed: No beekeeper or owner of real property with an apiary shall place, keep or allow any apiary in or upon any parcel of real property located within the city unless such apiary conforms to the standards and conditions of this section.
B. Beekeeping Standards And Conditions: All apiaries kept within the city shall conform to the following standards and conditions:
1. An apiary is prohibited on a lot or contiguous lots owned by one owner smaller than eight thousand (8,000) square feet in area.
2. An apiary shall consist of no more than two (2) hives on lot(s) that are eight thousand (8,000) to eleven thousand nine hundred ninety nine (11,999) square feet in area; three (3) hives on lot(s) that are twelve thousand (12,000) to twenty one thousand seven hundred seventy nine (21,779) square feet in area; and five (5) hives on lot(s) that are one-half (1/2) acre or more in area.
3. Any apiary shall be maintained only in a side yard or rear yard of a lot or may be maintained on rooftops.
4. Honeybees shall be kept in hives with removable frames and shall be kept in sound and usable condition.
5. Hives shall be placed no less than seven feet (7') from any property owned by a person or entity other than the owner of the real property with the apiary.
6. Hives shall not be placed within thirty feet (30') of any dwelling unless the owner of such dwelling has given written consent for hive placement. In the event a dwelling on an adjacent property is constructed after the establishment of an apiary and the apiary is within thirty feet (30') of the new constructed dwelling, the beekeeper shall obtain the written consent for the hive placement. If written consent cannot be obtained, the hive(s) shall not be located within thirty feet (30') of the dwelling or shall be immediately removed.
7. If any hive is located within thirty feet (30') of a property owned by a person or entity other than the owner of the real property with the apiary, a fence, closed hedge, building or other impervious barrier no less than six feet (6') high and twenty feet (20') in length shall be located between the hive and the adjacent property line. The hive shall be located in the approximate midpoint of the twenty foot (20') long barrier. All fences must comply with section 17.08A.010 of this title.
8. Hives kept on rooftops are exempt from the requirements of subsections B6 and B7 of this section, but shall not be visible from view from a public street, excluding alleys.
9. A fresh water supply shall be maintained at all times, except during winter months when the bees are hibernating, within twenty five feet (25') of the apiary on the real property with the apiary in order to prevent the bees from congregating at neighboring water sources.
10. No species or subspecies of bee shall kept in the apiary other than Apis mellifera.
11. Queens shall be selected from stock bred for gentleness and nonswarming characteristics.
12. If a colony within the apiary exhibits aggressive behavior or when the colony includes Africanized bees, such as Apis mellifera scutella, the beekeeper or owner of the real property with the apiary shall promptly remove or requeen the colony.
13. All hives shall have a legible identification label securely fastened thereupon bearing the name and telephone number of the beekeeper who owns the hive.
14. All apiaries shall comply with the Idaho state bee inspection law and other applicable state laws.
15. All apiaries are subject to inspection at any time by the administrator or his or her designee to ensure compliance with the standards of this section. The owner of real property with an apiary is deemed to have given consent to an inspection by the administrator or his or her designee for the purpose of ensuring compliance with this section. If consent is not given to inspect any apiary or if the apiary does not comply with the requirements and standards set forth herein, the hive(s) within the apiary may be considered a nuisance and may be considered an immediate health hazard constituting exigent circumstances allowing for the immediate removal of the hive(s) in accordance with title 8, chapter 8.04 of this code. In addition, for any noncompliance with the requirements and standards set forth herein, the city may pursue enforcement under chapter 17.15 of this title. (Ord. 1191, 2015)