(A) Purpose. The purpose of this section is to establish certain requirements for beekeeping within the city and to avoid conflicts which might otherwise be associated with beekeeping in populated areas, all for the sake of preserving the safety and well-being of the community.
(B) Standards of practice.
(1) Honeybee colonies meeting the requirements of this ordinance may be kept within the A Agricultural, C/I Commercial/Industrial and P/I public institutional districts.
(2) No more than six hives or two colonies may be located on a lot.
(3) No hive shall occupy any front yard.
(4) No hive shall exceed 20 cubic feet in volume.
(5) No hive shall be located closer than ten feet from a public sidewalk, 25 feet from a principal building on an abutting lot, three feet from any side or rear property line, within 200 feet of a school or licensed child day care center and no hive shall be kept or maintained within any required front yard.
(6) A flyway barrier at least six feet in height shall shield any part of a property line that is within 25 feet of a hive. The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded.
(7) A constant supply of water shall be provided within 25 feet of all hives.
(8) No colonies or hives shall be kept upon any land not owned or possessed by the keeper of such bees. The owner shall obtain a license for beekeeping under the requirements of this section.
(9) Nothing in this section shall be deemed or construed to prohibit the keeping of bees within a school or on school grounds for the purpose of observation, or within a physician’s office or laboratory for the purpose of medical research, treatment, or other scientific purposes.
(C) Application for license. An application for a license to keep bees shall be made to the city upon forms furnished by the city prior to installing, altering or establishing a colony of bees within a hive. A license must be obtained to assure that all colonies and hives meet all requirements of this section.
(1) The Application shall include the following data.
(a) Name and address of applicant/property owner.
(b) Legal description of the property.
(c) A site plan or survey, if deemed necessary by the city, illustrating the dimensions of the property, including location and distances of neighboring residences and the location of the hive(s) in relation to any property lines, sidewalk, alleys, and right-of-ways.
(d) Location of any schools or licensed child day care center.
(2) All applications shall be accompanied by an application fee, if any is required by the city.
(3) Upon establishment of the colony and placement of the hive(s) and after all requirements of this section are met, the city shall issue a license upon a form furnished by the city. The license shall be good for a period of one year at which time the applicant shall renew the license. The renewal shall be accompanied by a renewal fee, if any is required by the city and notification by the city is not required for renewal of a license.
(4) Upon initial registration or change of address within the city, the city shall notify in writing all owners of lots within 200 feet of any lot line of the apiary site, of the presence of said apiary.
(5) Any resident within 200 feet of any lot line of an apiary site may file a written appeal of the approval of the initial registration to the City Administrator, or their designee, if an appeal is filed, the beekeeper will be notified in writing by the City Administrator or their designee.
(D) Required conditions.
(1) Honeybee colonies shall be kept in hives with removable frames, which frames shall be kept in sound and usable condition.
(2) Materials from a hive or colony which might encourage the presence of honeybees, such as wax comb, shall be promptly disposed of in a sealed container or placed within a building or other bee-proof enclosure.
(3) For each colony permitted to be maintained under this section, there may also be maintained upon the same apiary site, one nucleus colony in a hive structure not to exceed one standard 9 5/8 inch depth ten-frame hive body, with no supers.
(4) Beekeeping equipment shall be maintained in good condition. Unused beekeeping equipment must be protected to prevent occupancy by swarming honeybees.
(5) Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to control swarming.
(6) In any instance in which a colony exhibits unusual aggressive behavior, it shall be the duty of the beekeeper to promptly implement appropriate actions to address the behavior.
(7) If requeening is required, queens shall be selected from European stock bred for gentleness and non-swarming characteristics.
(8) Fruit trees and other flowering trees, which are located on an apiary site, shall not be sprayed, while in full bloom, with any substance which is injurious to honeybees.
(E) Compliance and inspection.
(1) Upon receipt of credible information that any colony or hive located within the city is not being kept in compliance with this section, the City Administrator shall cause an investigation to be conducted. If the investigation shows that a violation may exist and will continue, the City Administrator shall cause a written notice of hearing to be issued to the owner. Notices shall be given by certified U.S. mail or personal delivery. However, if the owner cannot be located, then notice may be given by publication in the official newspaper, at least seven days before the hearing. The notice shall set forth the following.
(a) The date, the time and the place that the hearing will be held, which date shall be not more than 30 days from the date of the notice.
(b) The violation alleged.
(c) That the owner may appear in person or through counsel, present evidence, and cross examine witnesses.
(d) That if the City Council finds that the colonies or hives have been kept in violation of this section, and if the violation is not remediated within the time allowed, the colonies or hives may be ordered removed and/or destroyed.
(2) No hearing and no order shall be required for the destruction of honeybees not residing in a hive structure that is intended for beekeeping.
(3) Upon prior notice to the owner of the apiary site, the chief of police or his/her designee shall have the right to inspect any apiary for the purpose of ensuring compliance with this section.
(4) It shall be deemed a violation of this section for any person to resist, impede or hinder City Administrator or his/her designee in the performance of their duties in inspecting any apiary and surrounding grounds.
(F) Denial, revocation or suspension.
(1) Registrations issued under the provisions of this section may be denied, revoked or suspended by the City Administrator after notice and the right to request a hearing, for any of the following causes:
(a) Fraud, misrepresentation or false statements on the registration or during the course of the registered activity.
(b) The keeping of honeybees in an unlawful manner or a manner so as to constitute a breach of peace, or to constitute a nuisance to the health, safety or general welfare of the public.
(G) Any violation of this section. Notice of the denial, revocation or suspension, shall be in writing, specifically set forth the grounds for denial, revocation or suspension and the person’s right to request a hearing before the city manager or his/her designee. Such notice shall be mailed, postage prepaid, to the person to his/her last known address, or shall be delivered in the same manner as a summons. Any person who desires a hearing before the city manager or his/her designee must request the hearing in writing, within seven days of the date of the notice, by filing a written request for a hearing with the chief of police. If a hearing is requested it shall be held before the City Administrator or designee within 30 days of the request. The city shall notify the person in writing of the time, date and location of the hearing at least five days prior to the hearing. Within seven days after the hearing the City Administrator or designee shall issue a written decision in the matter and that decision shall be final. If the person fails to request a hearing within seven days of the date of the notice, the denial, suspension, or revocation shall automatically be deemed final. The right to request a hearing before the City Administrator or his/her designee shall be in place of any right to appeal.
(Ord. 202, passed 8-24-15) Penalty, see § 92.99