A. Purpose: The purpose of this section is to establish certain requirements of sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas.
B. Certain Conduct Unlawful: Notwithstanding compliance with the various requirements of this chapter, it shall be unlawful for any person to maintain an apiary or to keep any colony on any property in a manner that threatens public safety or creates a nuisance.
C. Colony Conditions: Notwithstanding compliance with the various requirements of this section, it shall be unlawful for any beekeepers to keep any colony or colonies in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others or interfere with the normal use and enjoyment of any public property or property of others.
D. Hive Registration: All honeybee colonies shall be registered with the Utah department of agriculture and consumer services.
E. Setbacks And Fencing Of Flyways: No colony may be placed closer than five feet (5') of any rear or side yard property line. Any colony situated within twenty five feet (25') of a public or private property line shall require the establishment of a flyway barrier at least six feet (6') in height consisting of a solid wall, fence, dense vegetation or combination thereof. Said barrier shall be parallel to the property line extending ten feet (10') beyond the colony in each direction, forcing a flight pattern elevation of at least six feet (6') above grade.
F. Water: A water source shall be provided on the property.
G. General Maintenance: Maintenance shall be such that no bee comb or other materials are left upon the grounds of the apiary site. Upon removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other beeproof enclosure.
H. Queens: The colony shall be promptly requeened if it exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or swarming. Preferably, queens shall be selected from European stock bred for gentleness and nonswarming characteristics.
I. Colony Densities: It shall be unlawful to keep more than the numbers of colonies allowed by subsection 13.76.240D of this code on any tract, lot or parcel of land within the city of Holladay.
J. Utah State Beekeeping Inspection Act: Each Utah apiary shall meet all requirements and inspection schedules deemed necessary by the Utah department of agriculture and consumer services.
K. Identification: The beekeeper shall conspicuously post a sign setting forth the name and phone number or other identifying marks, such as a registration number, of the responsible beekeeper.
L. Noncompliance: Upon receipt of information that any colony situated within the city is not being kept in compliance with the conditions set forth by this section, the community development director shall cause an investigation to be conducted.
1. If the city finds that grounds exist to believe that one or more violations have occurred he shall send written notice to the beekeeper to cure the violation within a reasonable time frame as per the notice. If the violation has not been corrected after notice having been given, a hearing shall be scheduled before the city's hearing officer as set forth in title 7 of this code.
2. If the hearing officer finds that the colony or colonies have been kept in violation of this section, he may order that the bees be relocated on the property, removed from the property, or if no other satisfactory remedy exists, then he may order the bees destroyed.
3. The provisions of this subsection shall not be construed to require the conduct of a hearing for the destruction of: a) any bee colony not residing in a hive structure intended for beekeeping, or b) any swarm of bees, or c) any colony residing in a standard or manmade hive which by virtue of its condition, has obviously been abandoned by the beekeeper. (Ord. 2014-08, 6-5-2014)