(A) Definitions. As used in this section, the following words, terms and phrases shall have the meanings set forth herein.
APIARY. The assembly of one or more hives or colonies of honey bees at a single location.
BEEKEEPER. A person who keeps honey bees in hive(s) which meet state approved requirements.
BEEKEEPING EQUIPMENT. Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.
CERTAIN CORPORATE BOUNDARIES. Certain corporate boundaries as defined herein permits beekeeping only in zoned industrial areas with more than 20 acres. Honey bee production in any other area not zoned industrial is strictly prohibited.
COLONY. The entire honey bee family or social unit living together including the queen, workers and drones.
FLYWAY BARRIER. Fencing, dense hedging or a combination of the two, which provides a shield or protective barrier from the direction in which the honey bees fly when approaching or leaving a hive. Flyway barriers assist in deterring honey bees from contact with humans and domesticated animals.
HIVE. A frame or structure used or employed as a domicile for honey bees which meet state approved requirements.
HONEY BEE. The common domestic honey bee, limited to the Apis mellifera species, specifically excluding the African honey bee, Apis mellifera scutellata or Africanized honey bee, or any hybrid thereof.
LOT. A piece, parcel, plot or tract of land designated by its owner or developer to be used, developed or built upon as a unit under single ownership or control and may consist of:
(1) A single lot or record; or
(2) A combination of complete lots of record.
(B) Honey bee restrictions.
(1) Any person desiring to raise the common domestic honey bee, limited to the Apis mellifera species, must comply with the following public safety regulations.
(2) A completed application, provided by the City of Rushville, for the keeping of Apis mellifera species, commonly known as honey bees shall be submitted to the Animal Control Officer's or their designee along with the required fees of $25 per beehive, prior to the installation of any beehive.
(3) The completed application shall be accompanied by a site plan, drawn to scale, of the property and include the following information:
(a) Gross square footage of property where beehives are to be kept.
(b) Gross cubic feet of beehives.
(c) Beehive height above finished grade.
(d) Distance from all hives to property lines, public street, public alleys, public sidewalks or pathways.
(e) A copy of registration documents indicating all colonies are registered with the Indiana Department of Natural Resources Division of Entomology and Plant Pathology annually.
(f) Documentation indicating the applicant has completed the Indiana State Beekeepers Association classes.
(C) Honey bee keeping public safety regulations.
(1) Hives shall be permitted to be either the Langstroth Hive or Warre' (Peoples') Hive and shall not exceed 17 cubic feet in volume. No other hives shall be permitted.
(2) Numbers.
(a) The number of beehives permitted on a given parcel, based on gross lot area is five acres or more, and the maximum number of hives is 12.
(b) A temporary hive (a/k/a nuc hive) may be used temporarily to prevent swarming. The temporary hive shall be immediately removed from use when the hive(s) are re-established.
(3) Queens. Queens shall be purchased from licensed breeders/beekeepers, and an aggressive colony shall be re-queened immediately.
(4) Location. Hives shall be located in the rear yard. In the absence of a rear yard, hives shall be confined to a side yard, but no closer than ten-feet from public sidewalk, pathway, streets, or alleys measured by straight lines from the center of the hive.
(5) Orientation: beehives. A flyway barrier shall be installed for all hives located within ten-feet of the property line, public sidewalk, street, alley or pathway. The flyway barrier shall be installed no further than four-feet in front of the hive entrance. The flyway barrier must be wide enough to extend two-feet on each side of the hive.
(6) Water. All beehives shall have a source of water on the lot on which the beehive is located shall be available at all times during the year. The water source shall be located near the beehive entrance/exit. The water source shall be at least the size of an average bird bath, as to not encourage bees to visit swimming pools, hose bibs, pet watering bowls, or other sources where bees may cause human or domestic pet harm.
(a) The water supply provided shall not become stagnant.
(D) Compliance required; penalties.
(1) It shall be unlawful for any person to keep or maintain an apiary, hive, or colony in the city which is not in compliance with this section.
(2) Any person violating any of the provisions of this section shall be issued a citation by the Animal Control Officer or their designee, which provides for a fine of:
(a) First offense: $75.
(b) Second offense: $100.
(3) Violations.
(a) Each violation shall constitute a separate and distinct offense. Every day any violation of this section shall continue shall constitute a separate offense.
(b) Any apiary, hive or colony which threatens public health or safety; or creates a public nuisance; or which has been abandoned is unlawful. The city is authorized to take all reasonable action including removal and/or destruction of any apiary, hive or colony which is deemed necessary.
(c) Nothing in this section shall prohibit member of the Beekeepers Association from entering the city to remove hives or swarms.
(d) Any individual that recklessly disturbs or molests an apiary, hive, colony, or other honey bee habitat, without permission of the owner shall be subject to all criminal penalties permitted by law.
(Ord. 2018-9, passed 7-17-2018)