(a) 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 indicates another usage.
(1) "Apiary" means any place where one or more Colonies or Nucleus Colony of Bees are kept.
(2) "Honey Bees" or "Bees" means any stage of any species of the genus Apis.
(3) "Beekeeper" means a person who owns or has charge of one or more Colonies of Bees.
(4) "Hive" means any modern frame Hive, box Hive, box, barrel, log gum, skep, or any other natural or artificial receptacle, or any part thereof, that may be used as a domicile for Bees.
(5) "Colony" means the Hive and its equipment, including Bees, combs and brood.
(6) "Beekeeping Equipment" means anything used in the operation of an Apiary, such as Hive bodies supers, frames, top and bottom boards, Hive tools, smoker, gloves, veil, protective clothing, and extracting equipment.
(7) "Tract" means a contiguous parcel or land under common ownership.
(8) "Nuc" or "Nucleus Colony" means a small Hive smaller than the usual Hive box designed for a particular purpose.
(9) "Undeveloped Property" means any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human use occupancy and the grounds maintained in association therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes.
(b) Purpose.
(1) The purpose of this section is to establish certain requirements for Beekeeping within the City, to avoid issues which might otherwise be associated with Beekeeping in populated areas.
(2) Compliance with this section shall not be a defense to a proceeding alleging that a given Colony constitutes a nuisance, but such compliance may be offered as evidence of the Beekeeper's efforts to abate any alleged nuisance.
(3) Compliance with this section shall not be a defense to a proceeding alleging that a given Colony violates applicable ordinances regarding public health, but such compliance may be offered as evidence of the Beekeeper's compliance with acceptable standards of practice among Beekeepers in the State of Ohio.
(c) Standards of Practice.
(1) Each Beekeeper must abide by Ohio Revised Code, including Chapter 909.
(2) Each Beekeeper may not opt out of the annual inspection by the county or state bee inspector as part of the Ohio Department of Agriculture's inspection program.
(3) Each Beekeeper shall ensure that a convenient source of water is available to the Colony at all times Bees remain active outside of the Hive. The water source shall be closer to the Hives than a neighboring source where Bees could become a nuisance such as a pool or pet water bowl. The water source may be natural such as a pond, stream, or artificial source.
(4) Each Beekeeper shall ensure that no wax, comb, or other material that might encourage robbing by other Bees are left upon the grounds of the Apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect-proof container.
(5) For each Colony permitted to be maintained under this section, there may also be maintained one Nuc upon the same Apiary Tract.
(6) Each Beekeeper shall maintain all Beekeeping Equipment in good condition, including keeping the Hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall not be a defense to this section that a Beekeeper's unused equipment atTracted a swarm and that the Beekeeper is not intentionally keeping Bees.
(7) Each Beekeeper should practice best Hive management practices which includes: replacing queens in Colonies exhibiting defensive behavior, practicing swarm control measures, and avoiding disturbing Hives when such disturbance is more likely to cause issues with neighbors or the general public.
(d) Colony Density.
(1) Number: No person is permitted to keep more than the following numbers of Colonies on any Tract within the City, based upon the size or configuration of the Apiary Tract:
A. Up to 7,000 sq ft. = 2 Colonies
B. Over 7,000 sq. ft. = 2 Colonies + additional Colony per 3,000 sq. ft.
Regardless of Tract size, so long as all lots within a radius of at least 200 feet from any Hive, measured from any point on the Hives, remain undeveloped, there shall be no limit to the number of Colonies. No grandfathering rights shall accrue under this subsection.
No Hives are permitted on any Tract where the setback requirements cannot be satisfied regardless of Tract size.
(2) Setbacks and Locations: No Colony shall be kept closer than ten feet from any lot line or within thirty feet of any public sidewalk or roadway. The front of the Hive shall face away from the property line of the residential lot closest to the Bee Hive.
(3) Flyway Barrier: Except as otherwise provided in this section, in each instance where a Colony is kept less than twenty-five feet from a property line of the lot upon which the Apiary is located, as measured from the nearest point on the Hive to the property line, the Beekeeper shall establish and maintain a flyway barrier at least six feet in height.
The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of such that Bees will fly over rather than through the material to reach the Colony between the Hives and the adjacent lots. If a flyway barrier of dense vegetation is used, the initial planting may be four feet in height, so long as the vegetation normally reaches six feet in height or higher. The flyway barrier must continue parallel to the Apiary lot line for ten feet in either direction from the Hive, or contain the Hive or Hives in an enclosure at least six feet in height. Alternately, locating the Hive eight feet or more above the ground shall also be considered a suitable barrier. Such location must be at least twenty feet from any windows, doors or sidewalks on the adjacent property.
A flyway barrier is not required if the property adjoining the Apiary lot line (1) is undeveloped, or (2) is zoned agricultural, industrial or is outside of the City limits, or (3) is a wildlife management area or naturalistic park land with no horse or foot trails located within twenty-five feet of the Apiary lot line.
(4) Exemption: The Beekeeper may be exempt from the setback to adjacent lot lines and requirements for a flyway barrier by obtaining written permission from the adjacent lot owner(s). The setback to public sidewalks and roadways may not be waived.
(5) Swarms: If the Beekeeper serves the community by removing a swarm or swarms of Honey Bees from locations where they are not desired, the Beekeeper shall not be considered in violation the portion of this section limiting the number of colonies if he temporarily houses the swarm on the Apiary lot in compliance with the standards of practice set out in this section for no more than thirty days from the date acquired.
(e) Compliance.
(1) Upon receipt of credible information that any Colony located within the City is not being kept in compliance with this section, the Health Department shall cause an investigation to be conducted. If the investigation shows that a violation may exist and will continue, the Health Department shall cause a written notice of hearing to be issued to the Beekeeper, which notice shall set forth:
A. The date, the time and the place that the hearing will be held, which date shall be not less than thirty days from the date of the notice;
B. The violation alleged;
C. That the Beekeeper may appear in person or through counsel, present evidence, cross examine witnesses and request a court reporter, and
D. That if Health Department finds that Bees have been kept in violation of this section, and if the violation is not remediated within the time allowed, the Bees may be ordered removed and/or destroyed. Notices shall be given by certified US Mail return receipt requested or personal delivery. However, if the Beekeeper cannot be located, then notice may be given by publication in a legal newspaper for the county in which the Apiary property is located, at least seven days before the hearing.
(2) The hearing shall be conducted by the Health Commissioner or his or her designee. The burden shall be on the City to demonstrate by a preponderance of evidence that the Colony or Colonies have been kept in violation of this section. If the Health Commissioner or his or her designee finds a violation, then he or she may order that the Bees be removed from the City or such other action as may address the violation, and that the Apiary lot be disqualified for permitting under this section for a period of two years from the date of the order, unless the Apiary lot ownership changes, in which case the prohibition shall terminate.
If the order has not been complied with within twenty days of the order, the City may remove or destroy the Bees and charge the Beekeeper with the cost thereof. Upon destruction of Bees by the City, all equipment shall be returned by the City to the Beekeeper, with expenses of transportation to be paid by the Beekeeper. The City's destruction of the Bees shall be by a method that will not damage or contaminate the equipment, include wax foundation.
(3) The decision of the hearing officer may be appealed by the Beekeeper as provided in the City's rules and procedures. If no provision for appeal exists, then the Beekeeper may file a notice of appeal with the Health Department within fifteen days of the date the order is placed in U.S. Mail to the Beekeeper, or ten days if the decision is announced at the hearing by Health Commissioner or his or her designee. An appeal shall not stay the Health Commissioner's or his or her designee's decision, and the Beekeeper shall be required to comply with such order pending the outcome of the appeal.
(4) No hearing and no order shall be required for the destruction of Honey Bees not residing in a Hive structure that is intended for Beekeeping.
(f) Savings Clause. In the event any part of this section or its application to any person or property is held to be unenforceable for any reason, the unenforceability thereof will not affect the enforceability and application of the remainder of this section, which will remain in full force and effect. (Ord. 7-2020. Passed 2-25-20.)