(A)   The purpose of this section is to establish certain requirements for sound beekeeping practices which are intended to avoid or minimize problems that may otherwise be associated with the keeping of bees in populated areas within the city of Madisonville. It shall be unlawful for any person or entity within the city to establish, maintain or permit to exist any hive, stand or box where bees are kept unless the bees are kept in compliance with the provisions of this section. Notwithstanding compliance with the ordinance, it shall be unlawful for any beekeeper to keep any colony or colonies of bees in such a manner as to constitute a public nuisance, a significant risk of harm to persons or property, 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 the property of others.
   (B)   Any honey bee colony shall be registered with the City Clerk of the city of Madisonville. The registration shall provide the name of the property owner; the address where the bees are being kept; a phone number where the owner may be contacted: and the number of colonies or hives being maintained. The registration shall be on an annual basis for each year when the hives are being kept. There shall be no registration fee. The beekeeper shall obtain and maintain in full force and effect an insurance policy which provides coverage for all beekeeping activities with policy limits of not less than $300,000 per occurrence and present proof of said insurance coverage to the city at the time of registration and any renewal thereof.
   (C)   Definitions. As used in this section, the following words and terms shall have the meanings ascribed in this section unless the context of their usage clearly indicates another meaning:
      (1)   APIARY. The assembly of one or more colonies of bees at a single location.
      (2)   BEE. All life stages of the common domestic honey bee. Apis mellifera species.
      (3)   BEEKEEPER. A person who owns or has charge of one or more colonies of bees.
      (4)   BEEKEEPING EQUIPMENT. Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.
      (5)   COLONY or HIVE. An aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times many drones, including brood, combs, honey and the receptacle inhabited by the bees.
   (B)   In any instance in which a colony exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition toward swarming, it shall be the duty of the beekeeper to promptly re-queen the colony with the queen selected from European stock bred for gentleness and non-swarming characteristics.
   (C)   Hives shall be continually managed to provide adequate living space for their resident bees to reduce the likelihood of swarming. Hives shall be requeened no less than once every two (2) years to help prevent swarming.
   (D)   To minimize contact with humans and domesticated animals and accidental intrusion by children, hives shall be surrounded by a structure at least six (6) feet in height consisting of a solid wall, fence, dense vegetation or combination thereof so that all bees are forced to fly at an elevation of at least six (6) feet above ground, level in the vicinity of the apiary.
   (E)   Each beekeeper shall ensure that a source of water convenient to the bees is available at all times during the year so that the bees will not congregate at swimming pools, bibcocks, pet watering bowls, bird baths or other water sources where they may cause human, bird or domesticated animal contact on public or private property.
   (F)   Hive maintenance materials shall be stored in a sealed container or placed within a building or other bee-proof enclosure. Discarded hive maintenance materials or equipment shall be disposed of in sealed containers or bee-proof enclosures.
   (G)   All bee colonies shall be kept in inspectable hives consisting of moveable frames and combs, and shall be kept in sound and usable condition at all times.
   (H)   No more than two (2) hives may be kept or maintained on any lot. Notwithstanding the foregoing provision, an additional two (2) nucleus colonies of half size that are constructed to help prevent swarming may be maintained.
   (I)   No hive shall be located within seventy-five (75) feet of an adjoining property owner without the written consent of the adjoining property owner.
   (J)   Bees or hives shall be considered a public nuisance when colonies exhibit defensive or objectionable behavior; interfere with the normal use of neighboring properties or public property: or hives have been abandoned by the bees that were inhabiting it or by the beekeeper.
   (K)   The Code Enforcement Officer and/or his or her designee shall be responsible for insuring compliance with this section and for investigating any complaints or information that colonies of bees within the city are not being kept in compliance with this section or constitute a public nuisance. If the Code Enforcement Officer or his or her designee after investigation is of the opinion that grounds exist to believe that a colony or colonies of bees are being kept in violation of the section, the Code Enforcement Officer shall serve upon the keeper of the bees by personal service or certified mail a notice of violation specifying the nature of the violation, the action to be taken in order to comply with this section, and the time in which to comply with this section not to exceed thirty (30) days from the date of the notice. In the event the beekeeper fails to bring the colony or hive into compliance with this section within the period specified by the Code Enforcement Officer, the Code Enforcement Officer or his or her designee may enter upon the property and cause the bees to be destroyed or relocated outside of the city at the expense of the beekeeper. Any person aggrieved by any action or decision of the Code Enforcement Officer shall have ten (10) days from the receipt of the Code Enforcement Officer decision or directive to file a written notice of appeal with the Madisonville City Clerk. Any appeal shall be heard by a committee of three (3) members of the City Council appointed by the Mayor for the purpose of the hearing.
(‘74 Code, §5-13; Am. Ord. passed 4-5-76; Am. Ord. 2013-08, passed 5-8-13) Penalty, see § 90.99