(a) 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:
(1) Up to 7,000sq ft. = 2 colonies
(2) 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.
(b) Setbacks and Locations. No colony shall be kept closer than 10 feet from any lot line or within 30 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.
(c) Flyway Barrier. Except as otherwise provided in this ordinance, in each instance where a colony is kept less than twenty-five (25) 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 (6) 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 4 feet in height, so long as the vegetation normally reaches six (6) feet in height or higher. The flyway barrier must continue parallel to the apiary lot line for ten (10) feet in either direction from the hive, or contain the hive or hives in an enclosure at least six (6) feet in height.
Alternately, locating the hive eight (8) feet or more above the ground shall also be considered a suitable barrier. Such location must be at least twenty (20) 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 (25) feet of the apiary lot line.
(d) 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.
(e) 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 ordinance 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 ordinance for no more than thirty (30) days from the date acquired.
(Ord. 2021-40. Passed 6-28-21.)
(a) Upon receipt of credible information that any colony located within the City is not being kept in compliance with this chapter, the Code Enforcement Officer shall cause an investigation to be conducted. If the investigation shows that a violation may exist and will continue, the Code Enforcement Officer shall cause a written notice of hearing to be issued to the beekeeper, which notice shall set forth:
(1) The date, the time and the place that the hearing will be held, which date shall be not less than thirty (30) days from the date of the notice;
(2) The violation alleged;
(3) That the beekeeper may appear in person or through counsel, present evidence, cross examine witnesses and request a court reporter, and
(4) That if the Code Enforcement Officer finds that they have been kept in violation of this ordinance, 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 (7) days before the hearing.
(b) The hearing shall be conducted by the Code Enforcement Officer. 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 ordinance. If the Code Enforcement Officer finds a violation, then he/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 ordinance for a period of two (2) years from the date of the order, the apiary lot ownership changes, in which case the prohibition shall terminate.
If the order has not been complied with within twenty (20) 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.
(c) 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 City secretary within fifteen (15) days of the date the order is placed in US Mail to the beekeeper, or ten (10) days if the decision is announced at the hearing by the Code Enforcement Officer. An appeal shall not stay the Code Enforcement Officer's decision, and the beekeeper shall be required to comply with such order pending the outcome of the appeal.
(d) 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.
(Ord. 2021-40. Passed 6-28-21.)