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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APIARY. The assembly of one or more colonies of bees on a single lot.
BEEKEEPER. A person who owns or has charge of one or more colonies of honey bees or a person who owns or controls a lot on which a colony is located whether or not the person is intentionally keeping honey bees.
BEEKEEPING EQUIPMENT. Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.
COLONY. An aggregate of honey bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey.
FLYWAY BARRIER. A barrier that raises the flight path of bees as they come and go from a hive.
HIVE. The receptacle inhabited by a colony.
HONEY BEE. All life stages of the common domestic HONEY BEE. This definition does not include wasps, hornets, African subspecies, or Africanized hybrids.
NUCLEUS COLONY. A small quantity of honey bees with a queen housed in a smaller than usual hive box designed for a particular purpose, and containing no supers.
SUPER. A box that holds the frames where bees will store the honey.
SWARMING. The process where a queen bee leaves a colony with a large group of worker bees in order to form a new honey bee colony.
UNUSUAL AGGRESSIVE BEHAVIOR. Any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs.
(Prior Code, § 6-8-1) (Ord. 634, passed 4-11-2016)
(A) Honey bees are an asset to the community and important in the pollination of plants and in the production of honey and other products.
(B) The purpose and intent of this subchapter it to permit and establish requirements for the keeping of honey bee colonies, hives, and equipment within the city.
(Prior Code, § 6-8-2) (Ord. 634, passed 4-11-2016)
(A) Hives cannot be located in the front yard and must be located a minimum of ten feet from the rear or side property lines and 25 feet from public rights-of-way unless further restricted elsewhere in this code. A corner lot shall be considered to have two front yards. Hive openings shall face in toward subject property’s backyard.
(B) Honey bee colonies shall be kept in removable frames, which shall be kept in sound and usable condition.
(C) For each colony permitted to be maintained under this section, there may also be maintained upon the same apiary lot, one nucleus colony in a hive structure not to exceed one standard nine and five- eighths-inch depth, ten-frame hive body with no supers.
(D) A flyway barrier at least six feet in height shall shield any part of a property line that is within 30 feet of a ground 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.
(E) Rooftop apiaries are allowed but shall not be located closer than 15 feet from a principal building on an abutting lot.
(Prior Code, § 6-8-3) (Ord. 634, passed 4-11-2016)
(A) Every lot or parcel of land in the city shall be limited to the following number of colonies based on the size of the apiary lot:
(1) One-half acre or smaller is allowed two colonies;
(2) More than one-half acres to three-quarters of an acre is allowed four colonies;
(3) More than three-quarters of an acre to one acre is allowed six colonies;
(4) More than one acre to five acres is allowed eight colonies; and
(5) More than five acres, there is no restriction on the number of colonies and no registration is required.
(B) If any beekeeper removes honey bees from locations where they are not desired, that person shall not be considered in violation if the person temporarily houses the honey bees on the apiary site of a beekeeper registered under this section for no more than 30 days and remains at all times in compliance with the other provisions in this section.
(Prior Code, § 6-8-4) (Ord. 634, passed 4-11-2016)
(A) Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound and useable condition.
(B) A constant supply of water shall be provided for all hives, except during the dormant period.
(C) Materials from a hive or colony which might encourage the presence of honey bees, such as wax comb, shall be promptly disposed of in a sealed container or placed within a building or other bee-proof enclosure.
(D) Beekeeping equipment shall be maintained in good condition. Unused beekeeping equipment must be protected to prevent occupancy by swarming honey bees.
(E) Hives shall be continuously managed to provide adequate living space for their resident honey bees in order to prevent swarming.
(F) 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.
(G) Honey may not be sold from any residential property unless a permit has been obtained and required conditions met in accordance with the city’s zoning code.
(Prior Code, § 6-8-5) (Ord. 634, passed 4-11-2016)
(A) Residents seeking approval to keep and raise honey bees shall submit an application, application fee, and site plan. Registration is not required for sites over five acres in size.
(B) If the beekeeper relocates a hive or colony to a new apiary site, the beekeeper shall apply for an updated registration, prior to the relocation, on the form provided by the city.
(C) The beekeeping registration shall be valid January 1 through December 31 of each calendar year following initial issuance and must be renewed by the registrant prior to expiration each year by submitting a renewal form to the City Clerk.
(D) The applicant for the license must notify all residents of the property if the applicant is not the owner or operator and the owner or operator must be an additional signatory on the license application. Notification is not required for renewal of the license.
(E) (1) Upon receipt of application, the city will send written notice to property owners living within 200 feet of applicant.
(2) Any objections to the registration must be made in writing and received within ten days.
(3) If any written objection is received, the application must be referred to the City Administrator.
(4) The application must be denied if the city receives a written objection from an adjacent property owner that includes medical documentation by a licensed physician of an allergy to honey bee venom.
(F) Applicants for a beekeeping license shall provide proof of applicable training or provide a waiver indicating how required experience has been obtained.
(G) The fees for the registration will be determined by the City Council in the city’s fee schedule.
(Prior Code, § 6-8-6) (Ord. 634, passed 4-11-2016)
Cross-reference:
Fees, see Chapter 36
(A) Upon initial registration, annual renewal, or any updated registration, each beekeeper must allow for an inspection by the Animal Control Officer of the site.
(B) Upon prior notice to the owner of the apiary site, city staff or Animal Control Officer shall have the right to inspect any apiary, in accordance with § 10.20.
(C) In the case of a complaint regarding the apiary, the apiary site may be inspected without prior notice.
(D) The Animal Control Officer or designated city staff may refuse to grant or revoke a license if the honey bees become a nuisance as determined by the city or the Animal Control Officer.
(Prior Code, § 6-8-7) (Ord. 634, passed 4-11-2016)
(A) Registrations issued under this section may be denied, revoked, or non-renewed due to any of the following:
(1) The keeping of honey bees in a manner which constitutes a nuisance to the health, safety, or general welfare of the public as determined by the Animal Control Officer;
(2) Fraud, misrepresentation, or a false statement contained in the registration application or during the course of the registered activity; and/or
(3) Any violation of the applicable provisions in this subchapter.
(B) (1) Notice of approval, denial, revocation, or non-renewal must be made in writing to the registrant and to any person opposing the application for initial registration specifying the reason(s) for the action.
(2) The registrant or any person opposing the application may request a hearing with the City Council within 14 days of the date of the notification letter.
(Prior Code, § 6-8-8) (Ord. 634, passed 4-11-2016)
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