A. An apiary is permitted within city limits in the following circumstances only:
1. For exhibition in one (1) observation hive of no more than three (3) frames, each no larger than ten inches by twenty inches (10" x 20") in size, and with no more than two (2) pounds of bees in the hive; and
2. When owned by a hobbyist beekeeper who is licensed and regulated by this chapter.
B. A hobbyist beekeeper may own, use, or maintain a hobbyist apiary site within city limits if the hobbyist beekeeper first obtains an annual apiary license from the city. To obtain an apiary license, a hobbyist beekeeper shall:
1. Have no more than two (2) hives at a hobbyist apiary site that is registered with the Montana Department of Agriculture, pursuant to section 80-6-114, MCA;
2. Certify that the hobbyist beekeeper is the owner of the bees and that the hobbyist beekeeper will personally manage, maintain and operate the apiary site;
3. Notify the city of the species of bees the hobbyist beekeeper will tend at the hobbyist apiary site;
4. Provide proof that the hobbyist apiary site will utilize hives that are movable and framed with adequate space in the hive to prevent overcrowding and swarming;
5. Agree that the hobbyist apiary site must be re-queened or united with another hive following any swarming or aggressive behavior by the bees of that site or any hive therein;
6. Agree that the hobbyist apiary site may not be manipulated between the hours of sunset and sunrise unless the hives are being moved to or from another location or for public safety; and
7. Present a site plan of the hobbyist apiary site showing:
a. That the hobbyist apiary site is located on property owned or leased by the hobbyist beekeeper;
b. Availability of a water source that is within twenty feet (20') of the hobbyist apiary site for the active duration of the site; and
c. That the hobbyist apiary site will either be kept at least fifteen feet (15') from the boundary lines of adjacent property owned by another person or that there is a barrier no less than six feet (6') high that prohibits the direct flight of bees that is erected between the site and adjoining property. (Ord. 3282, 7-13-2020)