SEC. 62.913. REGULAR HIVE CHECK.

   Beekeepers shall inspect each colony at least once a month to detect undesirable honey bee behavior and/or apiary pests in order to take corrective action(s) in a timely manner. Beekeepers shall practice swarm prevention techniques and provide additional space for colony growth to minimize honey bee swarming. Tier A may maintain up to five (5) colonies for up to thirty (30) calendar days for swarm prevention.

SEC. 62.914. FLYOVER BARRIER.

   Apiaries in Tier A or B with twenty (20) or fewer colonies in a residential area within three hundred feet (300') of a neighboring dwelling shall maintain a six foot (6') vertical-flyover barrier.

SEC. 62.915. WATER SUPPLY REQUIRED.

   Beekeepers shall maintain an adequate and accessible supply of fresh water available at all times, including prior to introduction to a new location. If the property on which the apiary is located does not contain sufficient natural water, the beekeeper shall provide one or more water containers or water sources. The water supply shall provide landing sites for the honey bees to drink without drowning, undue competition, or over-crowding. The water supply shall be of acceptable quality and must be utilized by the bees. If honey bees are congregating at water sources on properties other than where the apiary is located, then the bee behavior must be corrected by relocation of hives or another method which stops the undesirable behavior. It is unlawful for a beekeeper to allow a water source to become stagnant or a mosquito breeding site.

SEC. 62.916. FIREBREAK.

   Beekeepers shall maintain apiaries with a fire break that meets the following specifications:

   (a)   The area within ten feet (10') surrounding apiaries shall be cleared to bare earth and free from all other combustible material. This shall be the only firebreak required for five (5) colonies or less in residential areas.

   (b)   The area beginning from ten feet (10') surrounding apiaries out to thirty feet (30') surrounding apiaries shall have all combustible vegetation maintained to a height of six inches (6") above the ground or less.

   (c)   Vegetation along the route being traveled by motor vehicles to any apiary location shall have all combustible vegetation maintained to a height of six inches (6") above the ground or less.

   (d)   Subsections (a) and (b) shall not be construed to require the owner or operator to remove live trees, unless the fire official having jurisdiction requires trees to be removed to eliminate a fire hazard.

SEC. 62.917. FIRE FIGHTING SUPPLIES.

   Beekeepers shall keep and maintain the following fire-fighting equipment, in good working condition, located at the apiary or in any motor vehicle used for apiary maintenance, so as to be immediately available in case of fire:

   (a)   A shovel;

   (b)   A fire extinguisher or backpack type firefighting pump; or

   (c)   An operable water supply such as a charged garden hose with a nozzle that is extended to the apiary site.

SEC. 62.918. BEE SMOKERS.

   Beekeepers shall maintain apiaries free from fire hazards due to use of bee smokers by complying with the following regulations:

   (a)   The bee smoker shall be plugged with a noncombustible or fire resistive plug such as metal or hardwood, while being transported to or from an apiary so as to prevent sparks or embers from escaping.

   (b)   During hand-carry transport of a bee smoker containing burning or smoldering substances to or from an apiary, the smoker shall be carried in a noncombustible secondary container with the lid securely fastened in the closed position to prevent the smoker from spilling its contents when tipped over.

   (c)   During motorized vehicle transport of a bee smoker containing burning or smoldering substances to or from an apiary, the smoker shall be placed in a noncombustible secondary container with the lid securely fastened in the closed position.

   (d)   All burning or smoldering substances within a bee smoker shall be completely extinguished with water and cold to touch after use.

SEC. 62.919. REQUESTED INSPECTION.

   Beekeepers and/or the owner(s) and/or occupant(s) of an apiary location or premises may voluntarily request an inspection of the apiary to ensure the apiary is maintained in accordance with the terms set forth in this chapter.